HOUSEFUL TERMS AND CONDITIONS OF USE
1. You must read and accept these terms to use Houseful™ Services
In these Houseful terms and conditions of use (“T&C”), “we”, “us”, “our”, or “Houseful” refers to OJOHome Canada Ltd., a wholly-owned subsidiary of Royal Bank of Canada (“RBC”), and the terms “you”, “your” and “user” will refer to the person who uses a device to access Houseful services, as defined below.
2. Services
When referring to the “Services,” we refer to all the features, functions, content and information that we provide through both, our phone-based and text-based services (the “Houseful mobile services”), our website (https://www.houseful.ca, the “Website”), and our app based services (together with the Website, the “Site”). We only provide the Services in English.
The Services that we provide are subject to the following T&C, which we may modify from time to time and in whole or in part, without giving you notice.
Houseful is based in Canada and the Services are currently designed to connect consumers to licensed real estate and mortgage professionals to assist them in their real estate transaction, exclusively within the provinces in Canada where we have properties listed.
3. Changes to these T&C
Where required by law, or at our discretion, we will provide you with written notice thirty (30) days prior to the effective date of the amendment to these T&C, setting out the new clause(s) only, or the amended clause(s) and the clause(s) as it (they) read formerly, the date of the coming into force of the amendment and your rights set forth below. The change will take effect on the date indicated in the notice.
If you do not wish to be subject to the revised T&C, you can cancel your agreement with us without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, or on such other timeline as may be required under the applicable law, or specified in our notice to you.
Unless we state otherwise, any new features or enhancements to the current Services shall be subject to these T&C in addition to any terms and conditions we make applicable to particular Services. You are responsible for regularly reviewing these T&C and any applicable changes. Continued use of the Service after any changes take effect will constitute your acceptance of such changes. You can review the current version of these Terms and Conditions of Use at https://www.houseful.ca.
4. Binding Agreement
When you visit and use our Site, or when you register for a new Houseful account on the Site, you are both agreeing to be bound by these T&C and representing that you are of legal age to form a binding contract in the place where you live.
If you are using the Services on behalf of an organization, then you are agreeing to these T&C for that organization and representing to Houseful that you have the authority to bind that organization to these T&C (in which case, the terms “you” and “your” or “user” will refer to that organization). The exception to this is if that organization has a separate written agreement with Houseful covering the use of the Service, in which case, if there are any provisions in these T&C that conflict with that agreement, that agreement will govern to the extent of such conflict.
If you do not wish to be bound by these T&C, you may not use the Services, access our Site, or create a Houseful account. You also represent that you have the capacity to be bound by our agreements contained in these T&C, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.
PLEASE REVIEW THESE T&C CAREFULLY. ONCE ACCEPTED BY YOUR USE OF THE SERVICES, THESE T&C BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND HOUSEFUL. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT TEXT OR EMAIL WITH THE SERVICES AND YOU MUST NOT USE THE SERVICES.
ADDITIONAL TERMS, CONDITIONS, INSTRUCTIONS OR DISCLAIMERS THAT APPEAR ON YOUR SCREEN WHEN USING HOUSEFUL FORM PART OF THESE T&C, AND YOU ACCEPT THEM BY CONTINUING TO USE HOULSEFUL SERVICES.
You can print or save these T&C using the print or save function in your browser. These T&C do not change any other agreement between us or that you may have with one of our subsidiaries or affiliates.
5. Communications
By using the Services, you agree to receive phone calls and text messages from us, our affiliates and our third-party providers, such as real estate brokers, mortgage brokerage, brokers and lenders, mortgage information services, insurance brokers, and other companies providing services around the owning, buying and selling of real estate (“Third Party Providers”). By using the Services, you expressly authorize Houseful, our affiliates and our Third Party Providers and each such entity's employees, contractors, and software (collectively, “Service Provider”) to communicate with you in accordance with your instructions or requests by phone and text at the wireless phone number provided or any other number that you may provide in the future. You understand that message and data rates may apply based upon the terms of your wireless Service Provider contract. You also agree that methods of contact may include use of auto-generated text messages or an automated telephone dialing system, even if you've registered that number on a Do-Not-Call registry, and that your consent to text messages and phone calls is not a condition to using any Service Provider's services.
You agree to indemnify Service Provider in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Service Provider if you change your wireless phone number. You agree to notify Service Provider promptly if you change your wireless telephone number.
You may revoke your consent to receive (i) phone calls by requesting to be placed on an internal Do Not Call list and (ii) text messages by responding to a text message with STOP.
Our independent collaborators include Canadian real estate brokers and agents.
Contact Us. You may contact Houseful, including with respect to any questions, complaints or claims related to the Service, at: 20 King Street, Floor 8, Toronto, Canada, M5H1C4, or at 1-833-709-1946 or by email at hello@houseful.ca any email or phone number.
6. Your Use of the Services
In order to use some elements of the Services, you will be asked to provide your mobile phone number and/or email and provide consent for us to contact you via voice call, text message and/or email. We may also ask you to provide other information such as your current physical address. You must provide true, accurate, current, and complete information about yourself as requested during the user onboarding process, and you must keep that information true, accurate, current, and complete after your initial use of the Service. You may unsubscribe from receiving our commercial messages, and still use the Services.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Services for lawful purposes and pursuant to these T&C.
You are solely responsible for all use (whether or not authorized) of the Services related to your mobile phone number, including the quality and integrity of Your Content. You are also solely responsible for all acts and omissions of anyone who has access to or otherwise uses your mobile phone number. You agree to take all reasonable precautions to prevent unauthorized access to or use of the Services and will notify us promptly of any unauthorized access or use. We will not be liable for any loss or damage arising from unauthorized use of the Services via your mobile phone number, your email account, your Houseful account, or your login credentials including your password. You also agree not to allow any person under the age of majority where they reside to use the Services via your mobile phone number.
We will strive to make the Services available to you, but we make no guarantees regarding the availability of the Services, generally or at any particular time.
7. Security
You are responsible for keeping your sign-in credentials secure and confidential. We will not be responsible for any losses that you may experience if others use your sign-in credentials or if you lose them. When using Houseful, it is important that you:
(i) Do not reveal any confidential information to anyone other than us and do not allow other people to see your device screen when viewing confidential information.
(ii) Sign out after each session.
(iii) Do not leave your device unattended while using the Site.
(iv) Take reasonable precautions to prevent losing your device or having it stolen.
(v) Do not let other people use their fingerprints or other biometric tools to access your device.
(vi) Use reasonable security measures to keep your device safe, such as up-to-date virus scanning software and firewall systems, if those measures are available for your device.
We may impose additional security requirements in connection with the Services, and you must comply with those as well.
8. Privacy
Houseful understands that privacy is important to you. Any information that we collect about you is used or shared in accordance with this section. You may obtain more information about our enterprise privacy notices by visiting https://www.rbc.com/privacysecurity/ca/index.html. Those privacy notices, including the RBC Global Privacy Notice and RBC Digital Channel Privacy Notice, are part of these T&C.
Collecting information about you. The personal information we collect depends on how you use our Site, and whether you make a purchase using an agent we refer you to. We will collect information about you, such as:
(i) Personal information like your name, home address, email address, phone number, occupation, industry, password for our Site, online browsing, your mortgage or other financial information, employment status, self-identified and other credit ratings, and information related to your house purchase.
(ii) Demographic information (such as age, gender, and interests) to better understand our audience, create custom audiences, and to serve advertising.
(iii) Information for providing the Services.
We can collect this information from you, from sources that you give us (such as surveys or communications), or from any other sources.
If you make a purchase through one of our third-party referral providers, we are told this, and the purchase price, to calculate our compensation. If you allow, we collect general location to locate properties in your area of search.
Using information about you
We can use the information that we collect about you for the following purposes:
(i) to create your profile and provide you with the Services, including connecting you with real estate agents, or other third parties at your request;
(ii) to determine if you are eligible for products and services;
(iii) to help us better understand the needs of our users;
(iv) to help us better manage and improve our business, our technology and your relationship with us;
(v) to understand how our Site is used, and customize advertising;
(vi) to audit real estate transactions; and
(vii) as required or permitted by law.
Sharing information about you
We can share the information about you, for these purposes, with our Third Party Providers (as defined below) that help us process it as we describe in these T&Cs and . If you consent to be referred to a Third Party Provider, such as a real estate agent, financial institution, or a mortgage broker, we may share your information to that third party (including information about your use of our Site such as homes visited, favorited, preferred home characteristics). We may also share information if we enter a business transaction, with your consent, or if permitted or required by law.
These Third Party Providers and referrals providers must keep the information confidential. If a Third Party Provider is located outside Canada, the laws of that jurisdiction will apply to the Third Party Provider and to the information, and the information may be disclosed according to those laws.
We may share personal information with third Party Providers. We can also share information about you with our subsidiaries and affiliates for the following purposes:
(i) to manage our risks and operations and improve our business, and those of our subsidiaries and affiliates;
(ii) to comply with valid requests for information about you from regulators or other entities who have a right to issue such requests; and
(iii) to let our subsidiaries and affiliates know your choices under optional uses, for the sole purpose of honouring your choices.
Optional uses of your information
We can use information that we collect about you in the following ways, unless you opt out by contacting hello@houseful.ca:
(i) To promote products and services (from us or Third Party Providers) that you may be interested in.
(ii) To share with our subsidiaries and affiliates for the purpose of referring you to them or promoting products and services that you may be interested in. Our subsidiaries and affiliates can advise us of the products or services they provide to you.
(iii) To consolidate the information that we have about you with any information that our subsidiaries and affiliates may have about you, so that we can all more effectively manage our relationships with you.
If you receive commercial email, phone calls or text messages from us, you may opt-out of these by using the 'unsubscribe' tool we include in commercial email, or by replying STOP to commercial text messages, or by contacting us at hello@houseful.ca or click on the “opt-out” or “Manage My Account” link contained in the e-mails. Please note that if you seek to withdraw consent to processing of information that we need to provide our Services to you, we may be unable to provide those Services.
Your right to access information about you
You can obtain any personal information that we have about you at any time (subject to applicable laws) and have it amended as appropriate. You can do so by contacting us as set out in the Communications section.
Using non-personal information
We may create informational reports containing statistics, rules and data insights, as well as analysis and predictive models, based on information about you and other customers. The reports contain aggregated and de-identified information, not personal information, and cannot be used to identify you. These reports may be shared with third parties.
Disclosure
You agree that Houseful may disclose, monitor, edit, access, and preserve your personal information and content if Houseful reasonably believes that it must do so in order to comply with any applicable Law, valid legal process, or governmental request; in order to enforce the T&C or the RBC Global Privacy Notice; or in order to protect the rights of Houseful employees, Houseful users, or third parties. The personal information collected by Houseful may be stored and processed in Canada, the United States, or any other country in which Houseful or its suppliers maintain facilities. Your personal information may be transmitted through, stored, or processed in countries, states, or provinces other than your home jurisdiction, in which case the information is bound by the laws of those jurisdictions and may be disclosed in accordance with those laws. We will take measures to protect your personal information with appropriate contract clauses or other applicable safeguards. By using the Services, you consent to any such transfer of information outside of your country.
Your account can be deactivated by contacting Houseful at hello@houseful.ca. You may also turn off cookies in your browser, though turning off cookies may adversely affect your experience online. For information on how to opt-out of certain online tracking and targeted advertising, please see “Google Display Advertising; DoubleClick Cookie”.
If you would like to opt out of browser push notifications, click “More” in the bottom right of a push notification, then select “Unsubscribe”. You may also refer to the following instructions specific to your device and browser: Google Chrome and Android, Firefox, Safari, or Microsoft Edge.
If you would like to stop having your activity tracked by Google Analytics you may elect to opt-out of such tracking and/or having your data and activity used by Google Analytics. In order to do so you will need to create an account and then click on Google Analytics opt out. By agreeing to the terms of this T&C you further agree that we may connect (i.e. stitch) any of your authenticated and non-authenticated browsing sessions. However you may change the settings to prevent such connections (i.e. stitching) by clicking on Google Analytics opt out from within your account.
You can also opt-out of certain third-parties' use of cookies for advertising by visiting the Network Advertising Initiative opt-out page: https://optout.networkadvertising.org/
Please note that some opt-out tools work through setting a cookie. If you erase your cookie cache you may need to reset your preferences. You must also set your preferences separately for each browser and device which you use.
9. Obligations and Restrictions
Your Conduct. When using the Houseful Service, you agree to:
a) maintain the confidentiality of your account password and notify Houseful of any unauthorized use of your password or account or any other security breach;
b) use the Services only for your sole, personal, private, non-commercial use, and not to transfer, resell, lease, license, or otherwise make available the Service to third parties or offer them on a standalone basis; and
c) use the Service in accordance with all applicable Law and third party rights, as well as these T&C and the RBC Global Privacy Notice.
Restrictions. You also agree not to, and will not assist, encourage, or enable others to:
a) upload, post, email, transmit, or otherwise make available (“Make Available”) any private content disclosed to you by Houseful;
b) disclose information that you are not permitted to Make Available under any Law, contractual duty, or fiduciary relationship;
c) do any action that infringes any confidence, patent, trademark, trade secret, copyright, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or any third party’s rights of publicity or privacy;
d) perform any action related to Houseful that constitutes a commercial advertisement or solicitation, without our prior written permission;
e) undertake any action related to the Houseful that is unlawful, fraudulent, defamatory, trade libelous, harassing, offensive, obscene, vulgar, or indecent, or inappropriate or otherwise injurious to us or third parties as reasonably determined by Houseful, including writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
f) threaten, stalk, harm, or harass others, or promote bigotry or discrimination, in connection with the use of the Services or while referring to Houseful;
g) impersonate another person or entity, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
h) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
i) sell or otherwise distribute the Services or allow someone else to sell or distribute the Services;
j) do anything that could undermine the security, integrity, effectivity or goodwill of the Services;
k) reverse-engineer or reverse-compile the source code for the Services technology or any portion of the Site;
l) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, assign, sublicense, lease, loan, rent, timeshare, otherwise transfer or in any way exploit the Site or any content, including, but not limited to, Houseful Content and third party content, on the Site (other than Your Content) (together the “Site Content”), except as expressly authorized by Houseful;
m) record, process, or mine information about other users;
n) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Houseful's technology infrastructure or otherwise make excessive traffic demands of the Site;
o) attempt to gain unauthorized access to the Site, user accounts, computer systems, or networks connected to the Site through hacking, password mining or any other means;
p) use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots, or other code, computer programming routines, or items that contain contaminating, harmful, or destructive properties or that are intended to or may tend to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information (collectively, “Viruses”);
q) use the Site to violate the security of any computer network, crack passwords, or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, Houseful, the Site or Site Content;
r) remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site;
s) write or develop, or have written or developed, any software or program based on (i) the products or Services provided by Houseful (and/or our licensors and suppliers), or (ii) any Confidential Information of Houseful (and/or our licensors and suppliers); and
t) violate these T&C, nor any other agreement with Houseful , nor any applicable law.
We are under no obligation to enforce these T&C on your behalf against another user. While we encourage you to let us know if you believe another user has violated these T&C, we reserve the right to investigate and take appropriate action at our sole discretion.
The restrictions above only apply to the extent permissible under applicable Law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable Law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
10. Termination
Houseful reserves the right to restrict, disable, suspend, or terminate your account and refuse or suspend any and all current or future use of the Service or any portion of the Service in its sole and complete discretion, without prior notice, and for any reason. Houseful also reserves the right, but bears no obligation, to monitor, screen, and remove any content available through the Service.
We are not responsible for any loss or inconvenience that you may experience as a result of us suspending or terminating your access to the Services.
To delete your profile and terminate these terms and your access to the Services, you can contact us using the contact information provided in the Communication section. The provisions under the third party providers and under the following sections will survive any termination of these terms.
11. Third Party Providers
Offers from our Third Party Providers and Affiliates. Through the Service, Houseful, our affiliates and our Third Party Providers may provide a venue through which you can obtain information regarding residential real estate and you can, if you consent, be connected to Third Party Providers.
We do not endorse or recommend the products or services of any Third Party Provider and are not an agent or advisor to you or any Third Party Provider. We do not validate or investigate the licensing, certification, or other requirements and qualifications of any Third Party Providers. It is your responsibility to investigate any Third Party Providers before you engage them. You acknowledge and agree that these Third Party Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages, or claims in connection with, arising from, or related to, your use of a Third Party Provider’s products or services. We urge you to obtain the advice of financial advisors or other qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Third Party Providers.
Houseful is not a real estate agent or lending institution or other service provider. Instead, we, through the Services, may help to connect you with Third Party Providers that might meet your needs based on information provided by you. Houseful does not, and will not, make any credit decision with any Third Party Provider referred to you. Houseful does not issue mortgages or any other financial products.
Unless you are a Third Party Provider, we do not charge you a fee to use the Services. Third Party Providers may pay us fees for services and to be matched with users of the Services; however, Houseful is not involved with and is not responsible for any fee arrangement that you may enter into with any Third Party Provider.
By using the Services, you hereby release us of any and all losses, costs, damages, or claims in connection with, arising from or related to your use of a Third Party Provider’s products or services, including any fees charged by a Third Party Provider.
Referral Provider. We may make available through the Services, referrals to our affiliates or third-party entities who may offer to provide additional products and services to you (each, a “Referral Provider“). We are typically compensated by our Referral Provider for such referrals. If you, at your sole discretion, choose to engage with a Referral Provider, then you will be required to accept the Referral Provider’s terms of service as part of the referral process. The Referral Provider is solely responsible for their products or services offered, the content therein, and any claims that you or any other party may have relating to the Referral Provider’s products and services.
When you accept a referral to one of our Referral Provider, you acknowledge that you are purchasing any products or services offered by the Referral Provider directly from them and that Houseful is not a party to any agreement between you and the Referral Provider with respect to those products and services; and Houseful is not responsible for that Referral Provider’s products or services, the content therein, or any claims that you or any other party may have relating to that Referral Provider’s products and services.
By accepting a referral to one of our Referral Providers, you grant us permission to share Your Content with the Referral Provider so that they may offer their products or services to you.
Third Party Content. As consideration for using the Services, you understand and agree that Houseful may display advertisements and provide links to third-party content and websites over which Houseful has no control. Houseful takes no responsibility for any content, advertising, or products from Third Party Providers, including any content considered harmful, objectionable, inappropriate or offensive, and Houseful does not endorse or guarantee the availability of such third party services. You agree that Houseful shall not be liable for damage of any sort incurred as the result of your dealings with advertisers or of your use of third-party goods or services.
Real Estate Purchase Services
Real Estate Purchase Clients. If you are looking to purchase a real estate property using our Services, you represent that you have not entered into any agreement, such as a listing agreement or buyer broker agreement, with a real estate agent or agency (other than a Houseful employee, agent, or contractor).
Real Estate Data. All data obtained from the Houseful Service is intended only for your personal, non-commercial use. You represent and warrant to Houseful that:
You have a bona fide interest in the purchase, sale, or lease of real estate of the type being described through Houseful.
You will not copy, redistribute, or retransmit any of the data or information provided, except in connection with your consideration of the purchase or sale of an individual property.
Furthermore you acknowledge each respective multiple listing service’s (“MLS”) ownership of, and the validity of each respective MLS's copyright in, such MLS’s database.
These T&C authorizes each MLS and other MLS Participants (as defined in MLS Policy Statement 7.9) or their duly authorized representatives access to the Virtual Office Network or VOW (as defined in MLS Policy Statement 7.91) for the purposes of verifying compliance with MLS rules and monitoring display of participants' listings on Houseful.
Limitations on Automated Valuation Models.
Automated Valuation Models (“AVM”) do not constitute an appraisal of the subject property.
AVMs should not be relied upon in lieu of an appraisal or underwriting process. The estimated Houseful comparable home report is based on a proprietary AVM that is based upon data collected from different sources and MLS Data.
The accuracy of the methodology used to develop the reports, the existence of the subject property, and the accuracy of the predicted value and all rule sets provided are estimates based on available data and are not guaranteed or warranted.
The condition of the subject property and current market conditions can greatly affect the validity of AVM.
Any AVM generated does not include physical inspection of the subject property or a visual inspection or analysis of current market conditions by a licensed or certified appraiser, which is typically included in an appraisal.
Other Parties. You agree to refrain from contacting the owner or seller of any property identified using information obtained through the Service. Furthermore, you agree that Houseful employees, agents, or contractors may represent other prospective buyers of the same properties that meet your criteria.
12. Intellectual Property Rights
Ownership. Houseful hereby grants you a limited non-exclusive, revocable, non-sublicensable licence right to use the Service for your own personal use in accordance with these T&C and not for any other purpose, including, without limitation, for any competitive or benchmarking purpose. You acknowledge that Houseful (and/or its licensors and suppliers) exclusively owns and reserves all right, title, and interest in the Service, including all intellectual property rights protected by Canada, US, and international Law. By submitting a query or otherwise reviewing the information on this Site concerning real property listings (the “Data”) you agree to the following: (i) you will not access the Data through automated or high-volume means; and (ii) you will not “scrape,” harvest, or otherwise copy the Data except pursuant to your personal non-commercial use of the Data solely to identify real property listings that you may be interested in investigating further.
Copyright All content and compilations included on the Service, such as text, graphics, logos, buttons, images, audio, video, charts, graphs, data compilations, and software, are the property of Houseful (and/or its licensors and suppliers) and are protected by Canadian, US, and international Law.
Trademark Houseful and the Houseful logo are trademarks of Royal Bank of Canada, used under licence. Other marks, graphics, logos, buttons, or service names indicated on the Service are trademarks of their respective owners or their affiliates and are licensed to Houseful by its licensors and suppliers.
Patent Pending and issued patents apply to the Houseful Site and the Houseful Service.
13. Your Content
Your Rights, and Your License of Your Content to Us. Houseful does not claim ownership in the content you Make Available on the Services, including any text, text message bodies, data, information, images, photographs, music, sound, voice, video, User Usage Data, or other material (“Your Content”). However, if you submit Your Content to Houseful, you grant Houseful and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, alter, copy, modify, adapt, publish, translate, distribute, publicly perform or display, create derivative works from, or otherwise Make Available Your Content throughout the world in any media. Further, you waive any moral rights or other rights you may have in respect of Your Content. By submitting Your Content to Houseful, you agree to indemnify Houseful for all claims arising from Your Content and to abide by the policies in the section above concerning Your Conduct. "User Usage Data" means communications metadata made available to us through the use of the Service and includes, without limitation, data used to trace and identify the source and destination of a communication, such as individual data subjects’ telephone numbers, data on the location of the device generated in the context of providing the Service, and the date, time, duration, and type of communication.
Responsibility for Your Content. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Houseful. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any Law or regulation.
Our Right to Use Your Content. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, perpetual, irrevocable, transferable rights to use Your Content for any purpose, including, but not limited to, as necessary to (a) provide the Service consistent with the RBC Global Privacy Notice and these T&C, including detecting, preventing, and investigating security incidents, fraud or unlawful use of the Service; (b) respond to any technical problems or user queries and ensure the proper working of the Service; (c) to protect ourselves, our other customers, the public or the Services from harm or illegal activities; (d) to respond to an emergency which we believe in, good faith, requires us to disclose Your Content or other User Content to assist in preventing a death or serious bodily injury; or (e) comply with any applicable Law, regulation, legal process or government request. You also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Houseful and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, reproduce, alter, copy, modify, adapt, publish, translate, distribute, publicly perform or display, create derivative works from, or otherwise Make Available Your Content. “User Content” consists of any content which another user of the Service Makes Available by means of use of the Service, such as text message bodies, voice and video media, images, sound, and other content.
Ownership. As between you and Houseful, you own Your Content. We or our third party licensors and suppliers own all other content (the “ Houseful Content”), including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content, and any third party content including, without limitation, content from our licensors and suppliers (such content “Third Party Content”). Except with respect to Third Party Content, we also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Houseful Content and the Site, which are protected by copyright, trade dress, patent, trademark Laws, and all other applicable intellectual and proprietary rights and Laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Houseful Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights, including IP Rights, in and to the Site and the Houseful Content are retained by us (and those in and to Third Party Content by our licensors and suppliers, as applicable).
Advertising. Houseful and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
Other. User Content does not necessarily reflect the opinion of Houseful. We reserve the right to remove, screen, edit, refuse to post, or reinstate User Content and Your Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates the guidelines set forth in this Content section. We have no obligation to retain or provide you with copies of User Content or Your Content, nor do we guarantee any confidentiality with respect to User Content or Your Content.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact Houseful in accordance with the Communications section above.
Please include the following information with your claim:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the Law;
6. A statement by you that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
14. Indemnification.
Houseful will have no liability or obligation with respect to any claims, demands, actions, suits, discovery demands, including, without limitation, third party subpoenas, government investigations or enforcement actions (“Claim”) or any damages, liabilities, losses, settlements, judgments, costs and expenses (including, without limitation, reasonable attorney’s fees and costs) (“Losses”) related thereto arising out of your use of the Services.
You agree to defend, indemnify and hold harmless Houseful, its officers, directors, investors, stockholders, employees, contractors, agents, successors, assigns, information providers, licensors, subsidiaries and affiliates from any and all Claims arising from, or in any way related to, your use of the Services, and any Losses related thereto alleging or arising out of your breach or activities under these T&C or your use of the Services.
You, in connection with a Claim, will pay all Losses following notice of the Claim. Notwithstanding anything herein to the contrary, you will not settle any Claims for which you have an obligation to indemnify admitting liability or fault on behalf of Houseful, nor create any obligation on behalf of Houseful without Houseful’s prior written consent. Houseful reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Houseful, and you agree to cooperate with our defense of these Claims.
15. DISCLAIMERS OF WARRANTY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
HOUSEFUL PROVIDES THE SERVICE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY SOFTWARE OR OTHER MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN VIA THE SERVICES IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL.
HOUSEFUL CANNOT GUARANTEE ITS ACCURACY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOUSEFUL EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND WARRANTIES REGARDING THE ACCURACY, SUFFICIENCY, VERACITY, VALUE, APPROPRIATENESS, CORRECTNESS, COMPLETENESS, LEGALITY, SECURITY, AVAILABILITY, OPERABILITY, TIMELINESS, RELIABILITY, OR USEFULNESS OF INFORMATION, DATA, SERVICES OR PRODUCTS PROVIDED THROUGH, OR IN CONNECTION WITH, THE SERVICE. HOUSEFUL DOES NOT INTEND THE INFORMATION PROVIDED BY THE SERVICE TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE FOR CONFIRMING THE ACCURACY AND RELIABILITY OF ANY INFORMATION CONTAINED IN THE SERVICE. TO THE EXTENT THIS DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
“Law” means any statute, law, ordinance, regulation, rule, judgment or order of a government, court, or tribunal of competent jurisdiction, including, without limitation, any data protection laws, privacy laws, any state, provincial/territorial, municipal, and international laws, regulations, and rules related to the recording or monitoring of telephone calls, SMS messages, or other communications, any federal, provincial, or municipal anti-spam statute or regulation, including the Canadian Anti-Spam Legislation of 2014 (CASL), or any federal, provincial, or municipal statute or regulation prohibiting the dissemination of unsolicited communications.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
HOUSEFUL AND ITS EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, INVESTORS, ASSIGNS, SUBSIDIARIES, AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, SALES OR BUSINESS, OR DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR OTHER INTANGIBLE LOSSES (EVEN IF HOUSEFUL HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
HOUSEFUL BEARS NO RESPONSIBILITY FOR ANY DAMAGES ARISING FROM ANY FAILURE OF PERFORMANCE, FAILURE TO STORE, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, ERROR IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, TELECOMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS, ALTERATION OR USE OF RECORDS, BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION. NEITHER WE NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES WILL BE RESPONSIBLE OR LIABLE FOR ANY OF THESE THINGS EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY, OR EVEN IF WE HAVE BEEN NEGLIGENT.
IF YOU ARE DISSATISFIED WITH THE SERVICE, OR WITH ANY OF THESE T&C, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
17. EXCLUSIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF HOUSEFUL, ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, CONTRACTORS, AGENTS, ASSIGNS, SUBSIDIARIES AND AFFILIATES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
18. General Terms
Entire Agreement. The T&C, including the RBC Global Privacy Notice and the RBC Digital Channel Privacy Notice, constitutes the entire agreement between you and Houseful and governs your use of the Services, superseding any prior agreement(s). No oral or written information or advice given by Houseful, its agents, or employees will create a warranty or in any way increase the scope of the warranties in these T&C. Any purchase order document or similar document provided by you shall be construed solely as evidence of your internal business processes, and the terms and conditions contained thereon shall be void and have no effect with regard to these T&C between you and Houseful and be non-binding against Houseful even if signed by Houseful after the date you accept these T&C.
Records, Enforceability & Assignment. The records (electronic or otherwise) that we keep with respect to Houseful are final and conclusive. They will be admissible in any legal or administrative proceedings. Electronic records will be admissible in the same manner as original paper documents. You waive any right to object to the introduction of any such electronic records into evidence. You agree to these terms in electronic form and these terms are binding between you and us. You will not contest that these terms are not valid or enforceable because you accepted these terms electronically.
Governing Law. These terms are governed by the laws of Ontario and the laws of Canada applicable in Ontario. Ontario courts have exclusive jurisdiction over each of us for the determination of any matters arising out of these terms.
Waiver. The failure of Houseful to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. In the event we do expressly waive any provision of these T&C, that does not mean it is waived for all time in the future or for all users. Any waiver must be in writing and signed by you and us to be legally binding.
Assignment. We can assign or transfer these terms, including the rights and obligations under these terms, to another person on notice to you. You will not assign or otherwise transfer these T&C, in whole or in part, without our prior written consent. Any attempt by you to assign, delegate, or transfer these T&C will be null and void. Subject to this Assignment section, these T&C will be binding on both you and Houseful and each of our successors and assigns.
Notice: Any notice required or permitted to be given under these T&C will be given in writing to the receiving party by personal delivery, certified mail, return receipt requested, overnight delivery by a nationally recognized carrier or by email upon confirmation of receipt. Notices to Houseful shall be copied to hello@houseful.ca.
Severability. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, you and Houseful nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and that the other provisions of the T&C shall remain in full force and effect. However, you and Houseful agree that courts should not give legal or contractual effect to the section titles themselves.
Statute of Limitations. To the fullest extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Relationship. You agree that no joint venture, partnership, employment or agency relationship exists between you and Houseful as a result of this agreement. You also agree that there are no survivorship rights or third party beneficiaries to this agreement.
Force Majeure. Under no circumstances shall Houseful be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature or other forces beyond its reasonable control, including, without limitation, epidemic, pandemic, fires, floods, storms and acts of God.
CREA
Terms of Use. The Site is operated by Houseful, a Broker who is a member of The Canadian Real Estate Association (“CREA”). Certain of the content on this Site is owned or controlled by CREA. By accessing this Site, the user agrees to be bound by these T&C as amended from time to time, and agrees that these terms of use constitute a binding contract between the user, Houseful, and CREA.
Copyright. The listing content on this Site 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 Site.
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 professional real estate services provided by members of CREA.
Liability and Warranty Disclaimer. The information contained on this Site is based in whole or in part on information that is provided by members of CREA, who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members, and assumes no responsibility for its completeness or accuracy.
®/™ Trademarks of Royal Bank of Canada, used under licence.