Terms of Use (TOU)
Effective: Sept 9, 2021
The terms “us”, “we”, “our”, or “owners” refers to “Propertyzy.ca”, “Propertyzy”, and the administrative operators of this web site, Propertyzy.ca. “You” refers to the user, registrant, or viewer of this web site.
That this “Terms of Use“ does not impose a financial obligation on you or create any representation agreement between you and Propertyzy.ca.
VOW Terms of Use
The term Virtual Office Website ("VOW") refers to a Participant's (REALTORS®) Internet website, or a feature of a Participant's Internet website, through which the Participant provides real estate brokerage services to Registrants (clients and prospects) with whom the Participant has first established a relationship where the Registrant has the opportunity to search for MLS® data, subject to the Participant's oversight, supervision and accountability. By agreeing to these "Terms Of Use", I (the Registrant):
· Acknowledge receipt of, and have read and understand the documents published by the Real Estate Council of British Columbia and the British Columbia Real Estate Association entitled Disclosure of Representation in Trading Services and Privacy Notice and Consent
· Acknowledge and understand that the Terms of Use do not create an agency relationship and do not impose a financial obligation on the Registrant or create any representation agreement between the Registrant and the Participant;
· Acknowledge and enter into a lawful REALTOR®/consumer or REALTOR®/client relationship with the Participant, including, where necessary, completion of any applicable agency, non-agency, and other disclosure obligations, and execution of any required agreements;
· Understand that All data obtained from the MLS® VOW is intended only for the Registrant’s personal, non-commercial use that the Registrant has a bona fide interest in the purchase, sale or lease of real estate of the type being offered through the MLS® VOW
· Acknowledge the Board/Association ownership of and the validity of the copyright in the MLS® database;
· Agree that all information provided may be provided to the relevant Board and may be used to administer and operate the VOW and to investigate any breach of security of the data or the MLS® rules;
· Agree to supply a username and a password, the combination of which must be different from those of all other Registrants on the VOW, before being permitted to search and view information from the MLS® database via the VOW;
· Agree that the content of this web site in its entirety is subject to change without notice. Its purpose is for your general information only.
· Acknowledge that no parties guarantee the accuracy, timeliness, performance, completeness, or suitability of the content and information found on this site. You acknowledge that errors or inaccuracies may exist, and that the owners of the site are in no way liable for any such errors.
· Agree that the owners of the site are not responsible and hold no liability for third-party content that may be posted on the site by end users, or for content that is linked to from this web site including other web sites.
· Understand the use of and viewing of information on this site is at your own risk. Any consequences of use that may occur are not the liability of the web site owners.
· Agree that the unauthorized use of this web site or its contents may give rise to a claim for damages and/or be a criminal offense enforceable by local and international law.
· Agree that we reserve the right to restrict access to certain areas of the web site at our own discretion. If a username and password, or any other access credentials, are provided to you as the end user, it is your responsibility to keep such information confidential.
· Understand that the owners of the web site are not responsible for user-generated content, and not liable for any violations that such content may constitute, Propertyzy.ca SQFT data is an approximate area measurement and is not guaranteed by any means to be an exact "as build" measurement. This data should only be used as a guide and should be confirmed by a buyer.
· Acknowledges the Board’s copyright in the MLS® VOW Data
Propertyzy.ca is an Affiliated VOW Partner on behalf of Coldwell Banker Prestige Realty in British Columbia. All MLS® Listing data is intended only for your personal, non-commercial use. Users must have a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through this VOW. All registrants agree that you will not copy, redistribute, retransmit, or otherwise use any of the data or Listing Information provided, except in connection with your consideration of the purchase, sale, or lease of an individual property.
Having agreed to the terms and conditions of use, I would like to have access to this VOW information
Real Estate Board of Greater Vancouver’s (REBGV) Disclaimers
This website and all property information, images, artwork, text, video, audio, pictures and other materials contained on this website, and the website design, content and arrangement (collectively, the "Information") is provided "AS IS". REBGV makes no representations or warranties of any kind, express or implied, as to the operation of this website, its services, or the Information. REBGV IS NOT RESPONSIBLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES IN ANY WAY ARISING OUT OF YOUR USE OF THIS WEBSITE, ITS SERVICES OR THE Information, INCLUDING ANY DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR PERSONAL INFORMATION BEING TRANSMITTED BETWEEN YOU AND REBGV.
WE ARE NOT RESPONSIBLE FOR LOST, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES OR MAIL, UNAVAILABLE CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED TRANSMISSIONS, ONLINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, REBGV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The Chilliwack & District Real Estate Board, Fraser Valley Real Estate Board or Real Estate Board of Greater Vancouver Disclaimers
Listings from the Greater Vancouver Area are based in whole or in part on data generated by the Chilliwack & District Real Estate Board, Fraser Valley Real Estate Board or Real Estate Board of Greater Vancouver which assumes no responsibility for its accuracy.
The Canadian Real Estate Association's Disclaimers
CREA is the owner of the REALTOR® and MLS® trademarks: “REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to The Canadian Real Estate Association (CREA). These certification marks identify real estate professionals who are members of CREA and who must abide by CREA’s By-Laws, Rules, and the REALTOR® Code. The MLS® trademark and the MLS® logo are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA.
The information contained on this site is based in whole or in part on information that is provided by members of The Canadian Real Estate Association, who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members and assumes no responsibility for its accuracy.
License
Propertyzy.ca grants you a non-exclusive, non-transferable, revocable limited license to access and use the Propertyzy.ca Website for your personal, non-commercial use. The license granted under this Agreement is specific to you and cannot be transferred, sublicensed, or assigned without the prior written consent of Propertyzy.ca. Propertyzy.ca reserves the right to pursue any available legal remedies for your unauthorized use of the Propertyzy.ca Website.
Restrictions
You
agree to comply with all applicable laws, rules, and policies of Canada and
your country of residence, and all Propertyzy.ca rules and policies, all as may
be amended from time to time, in your use of the Propertyzy.ca Website. You
acknowledge that you are prohibited from:
i. using the Propertyzy.ca Website to upload, transmit or otherwise distribute
any content that is unlawful, defamatory, harassing, abusive, fraudulent,
infringing, obscene, contains viruses or other malicious code or software, or
is otherwise objectionable as reasonably determined by Propertyzy.ca;
ii. reselling, commercially exploiting, decompiling, disassembling,
translating, or creating derivatives of the Propertyzy.ca Website or any
content on the Propertyzy.ca Website;
iii. using the Propertyzy.ca Website in a manner that infringes Propertyzy.ca’s
proprietary rights;
iv. interfering with any other user’s use or enjoyment of the Propertyzy.ca Website;
v. using any robot, spider, worm, other automated device, or manual process to
monitor or copy any content from the Propertyzy.ca Website;
vi. removing any proprietary notices from the Propertyzy.ca Website or their
content;
vii. intercepting or attempting to intercept any communications through the Propertyzy.ca
Website;
viii. making any false or misleading statements about the Propertyzy.ca Website
or Propertyzy.ca Website; or
ix. using the Propertyzy.ca Website in violation of any applicable law,
regulation, guideline or policy, including without limitation those relating to
privacy or data security.
A violation of any of the foregoing may result in immediate termination of your
access to the Propertyzy.ca Website and may subject you to state and federal
penalties and other legal consequences. Propertyzy.ca reserves the right, but
shall have no obligation, to investigate your use of the Propertyzy.ca Website
in order to determine whether a violation of this TOU has occurred or to comply
with any applicable law, regulation, legal process or governmental request.
Intellectual Property Rights
You
acknowledge that Propertyzy.ca owns all right, title and interest in and to the
Propertyzy.ca Website, including but not limited to all copyright, trademark,
service mark, trade secret, patent, and other intellectual property rights (the
"Propertyzy.ca Rights"), and such Propertyzy.ca Rights are protected
by Canada and international intellectual property laws. Accordingly, you agree
that you will not copy, reproduce, alter, modify, remove any intellectual
property notice, or create derivative works from the Propertyzy.ca Website. The
Propertyzy.ca Rights do not include third party content displayed on or
accessed through the Propertyzy.ca Website.
You acknowledge that the Propertyzy.ca name, logo, and other product/service
names, brands, slogans and other marks are the trademarks or servicemarks of Propertyzy.ca
(collectively, the “Trademarks”). You are prohibited from using the Trademarks
for any purpose, including without limitation to suggest Propertyzy.ca endorses
or supports you, your business, or your products/services without the prior
express written consent of Propertyzy.ca.
Termination
We
reserve the right to suspend, disable, or terminate the Propertyzy.ca Website,
or your access to the Propertyzy.ca Website, for any reason at any time with or
without notice to you.
Representations and
Warranties
You represent and warrant that (a) you are at least 18 years of age; (b) all of the information provided by you to Propertyzy.ca is correct and current and you are authorized to provide such information to Propertyzy.ca; (c) you will use the Propertyzy.ca Website only as authorized in this TOU; (d) you will comply with all applicable laws, rules, and regulations in your use of the Propertyzy.ca Website; and (e) you have all necessary right, power and authority to enter into this TOU and to perform the acts required of you by this TOU.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail how we use your information in our Privacy Policy, incorporated herein by reference. You should read our Privacy Policy (https://www.Propertyzy.ca.com/privacy.html) before you use the Propertyzy.ca Website.
Notices
Any
notices you send to us pursuant to the terms of these Terms of Use shall be in
writing and sent by nationally-recognized courier service or certified mail,
return receipt requested, to Propertyzy.ca at:
Propertyzy.ca Media Inc.
310-638 Broughton Street
Vancouver, BC
V6G
3K3
[email protected]
or to you at the email address or address you provide to Propertyzy.ca during
your use of the Propertyzy.ca Website or such other addresses as ether party
may specify in writing. Notice shall be effective upon receipt.
Assignment
Propertyzy.ca may assign its rights under this TOU in connection with a merger, consolidation, acquisition or reorganization at any time without prior notice to you. You are prohibited from assigning your rights under this TOU without the prior written consent of Propertyzy.ca, which may be withheld in Propertyzy.ca’s sole discretion.
Data and Personal Data
Propertyzy.ca
will only share your data with our authorized Service Providers that perform
services or functions on our behalf, as required by law, or as described in
our Privacy Policy.
You acknowledge that, with respect to the personally identifiable information
of your Leads that you enter into the Service, you are the controller and Propertyzy.ca
only processes such information at your direction. You are responsible for all
personally identifiable information of your Leads entered into the Service,
including without limitation all required privacy and data use disclosures in
your Privacy Policy, and proper practices in the
collection, use, and disclosure of their personally identifiable information.
You acknowledge and confirm (a) that you are submitting your contact
information to Propertyzy.ca and Propertyzy.ca 3rd party partners, (b) that you
agree to Propertyzy.ca’s Terms of Use and 3rd party partners' Terms of Use, (c)
that you have read and understand the Propertyzy.ca privacy policy and any
applicable 3rd Party Partner privacy policy, and (d) that you are expressly
consenting to marketing calls or texts from Propertyzy.ca and 3rd party
partners and their respective affiliates, contractors and agents through use of
an automatic telephone dialing system and/or artificial or prerecorded voice to
the phone number you provided, even if the number is on a Do Not Call list.
Consent is not a condition of purchase and you may call Propertyzy.ca Support
to speak to someone directly. You confirm that the number provided belongs to
you and that you will notify Propertyzy.ca and 3rd Party Partners before
changing your number. You also consent to recording and monitoring of calls.
Use of Your Personal Data. The Company may use Personal Data for the following
purposes:
To provide and maintain our Service, including to monitor the usage of our
Service.
To manage Your Account: to manage Your registration as a user of the Service.
The Personal Data You provide can give You access to different functionalities
of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking
of the purchase contract for the products, items or services You have purchased
or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other
equivalent forms of electronic communication, such as a mobile application’s
push notifications regarding updates or informative communications related to
the functionalities, products or contracted services, including the security
updates, when necessary or reasonable for their implementation. This includes
providing communications to You about Listing Data as directed by a Subscriber
using our Service.
To provide You with news, special offers and general information about other
goods, services and events which we offer that are similar to those that you
have already purchased or enquired about unless You have opted not to receive
such information.
To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
With Service Providers: We may share Your personal information with Service
Providers to monitor and analyze the use of our Service, to show advertisements
to You to help support and maintain Our Service, to contact You, to advertise
on third party websites to You after You visited our Service or for payment
processing.
For Business transfers: We may share or transfer Your personal information in
connection with, or during negotiations of, any merger, sale of Company assets,
financing, or acquisition of all or a portion of our business to another
company.
With Affiliates: We may share Your information with Our affiliates, in which
case we will require those affiliates to honor this Privacy Policy. Affiliates
include Our parent company and any other subsidiaries, joint venture partners
or other companies that We control or that are under common control with Us.
With Business partners: We may share Your information with Our business
partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in
the public areas with other users, such information may be viewed by all users
and may be publicly distributed outside. If You interact with other users or
register through a Third-Party Social Media Service, Your contacts on the
Third-Party Social Media Service may see Your name, profile, pictures and
description of Your activity. Similarly, other users will be able to view
descriptions of Your activity, communicate with You and view Your profile.
Indemnification
You agree to hold harmless and indemnify Propertyzy.ca and all of its directors, officers, affiliates, Service Providers, parent and subsidiary companies, shareholders, members, agents, affiliates, licensors, other independent contractors and employees from and against any third party claim arising from or in any way related to: (a) your breach of this Agreement, (b) your use of the Service, the Ad Service, or any other software, products, or services made available through the Service, (c) your violation of any applicable law, (d) your use of any Third-Party Content, (e) or any claims that the User Content violates the contract, proprietary, or privacy right of a third-party, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Propertyzy.ca will provide you with written notice of such claim, suit or action.
Disclaimer
THE SERVICE AND THIRD-PARTY CONTENT ARE AVAILABLE ON AN “AS IS” “AS AVAILABLE” BASIS. EXCEPT FOR ANY WARRANTIES PROVIDED BY PROPERTYZY.CA TO YOU IN WRITING, PROPERTYZY.CA AND ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, PERFORMANCE, SECURITY, RELIABILITY, QUIET ENJOYMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PROPERTYZY.CA DISCLAIMS ANY WARRANTIES OF UNINTERRUPTED, SECURE OR ERROR-FREE SERVICE. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE SERVICE MAY BE INTERCEPTED BY THIRD PARTIES AND AGREE THAT ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. PROPERTYZY.CA DOES NOT WARRANT OR GUARANTEE A PARTICULAR RESULT, OR ANY RESULT AT ALL, FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION GENERATING A CERTAIN AMOUNT OF LEADS OR REVENUE OR A PARTICULAR LEVEL OF INTEREST IN, OR INTERACTION WITH, THE LISTING ADS.
Billing
You agree to pay all applicable fees for use of the Service. By
providing Propertyzy.ca with any financial account information, including
without limitation a credit card, account number, check, payment card
expiration date, or billing address, you warrant to Propertyzy.ca that you are
the accountholder of record and are authorized to enter into such transaction.
You authorize Propertyzy.ca to use your payment information in accordance with
our Privacy Policy, including providing your payment information to
third-party payment processors for the purpose of conducting a transaction. It
is your responsibility to update your payment information as necessary. Late or
cancelled payments may result in additional fees or termination of the Service.
You are responsible for any applicable taxes incurred by you in relation to
this Agreement.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. You acknowledge that nothing in this TOU or in the relationship created herein shall be construed as a joint venture, partnership, agency or third-party beneficiary relationship. Any failure by Propertyzy.ca to assert any rights it may have under this TOU does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity.
Electronic Signature. You acknowledge and understand that the affirmative act of using the Propertyzy.ca Website or clicking to accept this TOU constitutes your electronic signature to this TOU. You acknowledge other legal documents available through the Website and/or Services may be executed electronically and you consent to providing said electronic signature and agree to be bound by the terms and conditions of such documents.
Copyright
The listing content on this website is protected by copyright and other laws, and is intended solely for the private, non-commercial use by individuals. Any other reproduction, distribution or use of the content, in whole or in part, is specifically forbidden. The prohibited uses include commercial use, “screen scraping”, “database scraping”, and any other activity intended to collect, store, reorganize or manipulate data on the pages produced by or displayed on this website.
The content in its entirety, including text content, graphics, layouts, and all source code, belong to the owners of the web site. This term is protected by intellectual property rights and copyright law. Copying, redistribution, use or publication either for free or for monetary gain is strictly prohibited. Some of the content on the site is the copyrighted and licensed work of third parties.