Please read these terms of service (the "House Rules") carefully before using the house.ca or maison.ca websites and any current or future related mobile sites, mobile applications or other products or services (the "Services") operated by House.ca Inc. / Maison.ca Inc. ("House.ca", "House", "Maison.ca", "Maison", "us", 'we", "our"). This Agreement applies to all visitors, users and others who wish to access or use the Services. By accessing or using the Services you agree to be bound by the House Rules. IF YOU DISAGREE WITH ANY PART OF THE HOUSE RULES THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SERVICES.
Every time you send us an email or chat message, or phone us, or visit our website, you are communicating with us. You hereby consent to receive communications from us. If you subscribe to the news or create alerts on our website, you will receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
3. User-Generated Content
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
You retain ownership of and responsibility for your Content. If you are posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant House.ca non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, or modify such content throughout the world in any media.
4. No Sensitive Information
You agree not to use the platform or any services to collect, manage or process sensitive personal information. House.ca will not be responsible for any liability resulting from your use of the platform or any services to collect or process sensitive personal information.
5. License and Site Access
Except as otherwise stated herein, none of the Content on the Services may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written consent of House.ca Inc.
6. Acceptable Use
The term "House.ca", "House", "Maison.ca", and "Maison" and any other trademarks, trade names, logos and service marks (collectively, the “Marks”), displayed on the Services are the property of House.ca Inc. / Maison.ca Inc. You are not permitted to copy or otherwise use these Marks without the prior written consent of House.ca Inc. or such other owner.
Your use of the Services must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service complies with laws and any applicable regulations.
7. No Brokerage Relationship
The Services offer an online advertising platform for potential renters, landlords, and property managers to obtain and exchange preliminary real estate information with each other and, based upon such preliminary information, the parties may elect thereafter to independently negotiate and contract amongst themselves (each, a “Transaction”).
House.ca is not a real estate broker, mortgage broker, property manager, or lender, and the Services do not (and are not intended at any time to) provide any financial or real estate advice to you.
Without limiting the foregoing, House.ca:
- does not counsel parties to, or participate in any Transaction,
- is not a party to any Transaction,
- does not guarantee any property or Transaction,
- does not collect or process payments in connection with a Transaction,
- does not negotiate or execute any lease, sublease, or sales/rental documentation or contracts, and/or
- does not show properties to prospective tenants
You acknowledge that if you choose to use the Services, House.ca does not represent you in any capacity in any Transaction, and/or in the rental, purchase, sale or exchange of real property, including in any negotiations relating thereto. You are strongly encouraged to obtain assistance from a licensed real estate professional and attorney in connection with the negotiation and completion of any Transaction.
8. User Account
If you are an owner of an account on this Service, you are solely responsible for maintaining the confidentiality and security of your private user details (username and password). You are responsible for all activities that occur under your account or password. House.ca cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You must be a human to create an Account and Accounts registered by bots or other automated methods are not permitted
- One person or legal entity may maintain no more than one Account
- Your login may only be used by one person
- You must be 16 years of age or older
- You must provide a valid email address to complete the sign-up process
We reserve all rights to terminate accounts, edit or remove content, and cancel orders.
House.ca does not make any claims about the legal compliance or registration of signs, or any other products sold by House.ca. You agree to check with any applicable legal authority for the standards, rules and regulations governing the types of signs, their placement, or other products permitted for your particular use.
You must not:
- print, write on, or otherwise mark up the signage,
- hang anything off of, or attach anything to the signage or signpost,
- modify the signage or signpost in any way,
House.ca signage that you install on a property or any other land is not guaranteed or warrantied. It is your responsibility to install and remove the signage properly, safely, and promptly.
You grant House.ca the right to add your name and company logo to our customer list and website.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS”. FURTHER, EXCEPT AS PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. HOUSE.CA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (A) THE SUITABILITY OR COMPLETENESS OF THE SERVICES, (B) THE RESULTS CUSTOMER MAY OBTAIN BY USING THE PRODUCTS OR SERVICES, OR (C) THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS.
Although House.ca will use its best efforts to keep the Website secure and maintain its integrity, House.ca MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE PROPERTIES APPEARING ON THE WEBSITE, THE VALIDITY OR ACCURACY OF THEIR DESCRIPTIONS, OR THE CAPACITY OF THE LANDLORDS TO RENT THEIR PROPERTIES OR OF THE RENTERS TO RENT THEM. All information and data presented on or obtained from the Services should be independently verified by users.
12. Limitation of Liability
EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES AND INDEMNIFICATION OBLIGATIONS, EACH PARTY’S AGGREGATE LIABILITY WILL BE LIMITED TO THE THE TOTAL AMOUNTS YOU HAVE PAID TO HOUSE.CA IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO A CLAIM. HOUSE.CA IS NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY LIABILITY WITH RESPECT TO ALL THIRD-PARTY PRODUCTS THAT YOU USE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES. THIS SECTION DOES NOT APPLY TO A PARTY’S VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.
13. Unsolicited Idea Submission Policy
NEITHER HOUSE.CA NOR ANY OF ITS EMPLOYEES ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN HOUSE.CA’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO HOUSE.CA. PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO HOUSE.CA OR ANYONE AT HOUSE.CA. IF DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT HOUSE.CA MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
14. General Provisions
Force Majeure. Neither party will be responsible for failure or delay of performance if caused by an act of war, hostility or sabotage; an act of God; electrical, internet or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Relationship of the Parties. The parties understand and agree that no joint venture, partnership, employment or agency relationship exists between us. Compliance with Laws. We will comply with all applicable laws in our provision of the Services and our processing of Customer Content. You will comply with all applicable laws in your use of the Services, including the collection and compilation of any Personal Data collected or submitted to the Services.
No Waiver. No delay in exercising any right or remedy or failure to object will be considered a waiver of such right or remedy, or any other right or remedy. A waiver on one occasion shall not be a waiver of any right or remedy on any future occasion.
Severability. If any part of these House Rules is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these House Rules will continue in effect.
Notices. Notice to House.ca will be sent to the contact address set forth herein and will be deemed delivered as of the date the notice is received. We will send you notices at the address you have provided in your House.ca subscription account information. We may give electronic notices by general notice via the Services or may give electronic notices specific to you by email to your email address(es) on record in our account information for you. You must keep all of your account information current.
Entire Agreement. These House Rules (together with any Order Forms and Activation Links) constitute the entire agreement between us regarding our Services and supersedes and replaces any prior agreements we might have had between us regarding the Services.
Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign these House Rules (including all Order Forms and Activation Links), upon providing written notice to the other party, but without the other party’s consent, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets.
No Third-Party Beneficiaries. No person or entity not a party to the Agreement will be a third-party beneficiary.
Authority. Each party represents and warrants that (a) it has full corporate power and authority, and has obtained all corporate approvals, permissions and consents necessary, to enter into these House Rules and to perform its obligations hereunder; (b) these House Rules are legally binding upon it and enforceable in accordance with its terms; and (c) the execution, delivery and performance of these House Rules do not and will not conflict with any agreement, instrument, judgment or understanding, oral or written, to which it is a party or by which it may be bound.
Precedence. In the event of a conflict of terms between these House Rules and any Order Form, the Order Form will control.
Governing law. These House Rules shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions.
Changes. We reserve the right, at our sole discretion, to modify or replace these House Rules at any time. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised House Rules. If you do not agree to the new House Rules, you are no longer authorized to use the Services.
15. Governing Law
These House Rules, as well as your use of the Services, shall be governed by the laws of the Province of Ontario and the laws of Canada, regardless of conflict of law principles. You hereby acknowledge that any litigation arising from or related to your use of the Website or Services or these House Rules shall be subject to the jurisdiction of the courts of the District of Ottawa, Province of Ontario.
Any rights not expressly granted herein are reserved.
Questions about the House Rules? Contact us.
Last update: 2019-08-08 (source)