Terms & Conditions

Introduction

These terms and conditions govern your use of this website and portals; by using this website and portals, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website and portals. You must be a Real Estate Professional to use this website and portals. By using this website and portals you warrant and represent that you are a Real Estate Professional. This website and portals uses cookies. By using this website and portals and agreeing to these terms and conditions, you consent to our REMARKETER's use of cookies in accordance with the terms of REMARKETER's privacy policy.

License to use website and portals

Unless otherwise stated, REMARKETER and/or its licensors own the intellectual property rights in the website and portals and material on the website and portals. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print from the website and portals for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website and portals (including republication on another website and portals);
  • sell, rent or sub-license material from the website and portals;
  • show any material from the website and portals in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website and portals for a commercial purpose;
  • edit or otherwise modify any material on the website and portals; or
  • redistribute material from this website and portals [except for content specifically and expressly made available for redistribution

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Data feeds agreements

Board Agreements, VOW/IDX Datafeed agreements must be submitted to the Board. However, The website will be deployed regardless of the Agreements being submitted and Apostrophe Solutions/REMARKETER is not responsible for late submission or expiry of Agreements.

Apostrophe Solutions/REMARKETER do not provide access to your board data feed until receipt of a confirmation from your board confirming you eligibility to have access to the data feed.

You are responsible to maintain a valid data feed agreement with your board.

Acceptable use

You must not use this website and portals in any way that causes, or may cause, damage to the website and portals or impairment of the availability or accessibility of the website and portals; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website and portals to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website and portals without REMARKETER express written consent.

You must not use this website and portals to transmit or send unsolicited commercial communications.

Restricted access

Access to certain areas of this website and portals is restricted. REMARKETER reserves the right to restrict access to other areas of this website and portals, or indeed this entire website and portals, at REMARKETER’s discretion.

If REMARKETER provides you with a user ID and password to enable you to access restricted areas of this website and portals or other content or services, you must ensure that the user ID and password are kept confidential.

REMARKETER may disable your user ID and password in REMARKETER’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website and portals, for whatever purpose.

You grant to REMARKETER a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to REMARKETER the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or REMARKETER or a third party (in each case under any applicable law).

You must not submit any user content to the website and portals that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

REMARKETER reserves the right to edit or remove any material submitted to this website and portals, or stored on REMARKETER’s servers, or hosted or published upon this website and portals.

Notwithstanding REMARKETER’s rights under these terms and conditions in relation to user content, REMARKETER does not undertake to monitor the submission of such content to, or the publication of such content on, this website and portals.

Invoicing and Payment

REMARKETER may charge you directly or through its resellers, successors or assigns for the services provided to you herewith. By providing your credit card information, you authorize REMARKETER, and its resellers, successors or assigns to charge your credit card to pay for all charges arising under your account. REMARKETER will provide notice of the amount of each debit. This authority is to remain in effect until REMARKETER has received written notification from you of its change or termination.

No warranties

This website and portals is provided “as is” without any representations or warranties, express or implied. REMARKETER makes no representations or warranties in relation to this website and portals or the information and materials provided on this website and portals.

Without prejudice to the generality of the foregoing paragraph, REMARKETER does not warrant that:

  • this website and portals will be constantly available, or available at all; or
  • the information on this website and portals is complete, true, accurate or non-misleading

Nothing on this website and portals constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

REMARKETER will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website and portals:

  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if REMARKETER has been expressly advised of the potential loss.

Reasonableness

By using this website and portals, you agree that the exclusions and limitations of liability set out in this website and portals disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website and portals.

Other Parties

You accept that, as a limited liability entity, REMARKETER has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against REMARKETER’s officers or employees in respect of any losses you suffer in connection with the website and portals.

Unenforceable provisions

If any provision of this website and portals disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website and portals disclaimer.

Indemnity

You hereby indemnify REMARKETER and undertake to keep REMARKETER indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by REMARKETER to a third party in settlement of a claim or dispute on the advice of REMARKETER’s legal advisers) incurred or suffered by REMARKETER arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to REMARKETER’s other rights under these terms and conditions, if you breach these terms and conditions in any way, REMARKETER may take such action as REMARKETER deems appropriate to deal with the breach, including suspending your access to the website and portals, prohibiting you from accessing the website and portals, blocking computers using your IP address from accessing the website and portals, contacting your internet service provider to request that they block your access to the website and portals and/or bringing court proceedings against you.

Variation

REMARKETER may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website and portals from the date of the publication of the revised terms and conditions on this website and portals. Please check this page regularly to ensure you are familiar with the current version.

Assignment

REMARKETER may transfer, sub-contract or otherwise deal with REMARKETER’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Privacy Policy, constitute the entire agreement between you and REMARKETER in relation to your use of this website and portals, and supersede all previous agreements in respect of your use of this website and portals.

Law and jurisdiction

By visiting this website and portals, you agree that the laws of the province of Ontario, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and REMARKETER regarding such Policy.

Updated

Nov 25, 2018

How to contact

www.remarketer.ca

You can contact REMARKETER by email to service@remarketer.ca