Terms and Conditions

Welcome to Housen.ca!

These are the terms and conditions for:

https://www.housen.ca

By using the website, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website" refer to the Housen.ca website, "we", "us", "our" and “Housen.ca” refer to Housen.ca and "you" “client” and “user" refer to you, the Housen.ca user.

The following terms and conditions apply to the website and services offered by Housen.ca. This includes the mobile and tablet versions as well as any other version of Housen.ca accessible via desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM HOUSEN.CA

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of Housen.ca. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

The user agrees and acknowledges that after opening and viewing the terms and conditions agreements contained on this website and clicking accept, it is sufficient to acknowledge acceptance of the terms displayed

The services are not directed to persons under the age of 18. Housen.ca does not knowingly collect information from persons under the age of 18. If you are under the age of 18, please do not submit any personal information about yourself to Housen.ca unless you have proper authorization from a parent or appropriate legal guardian. It is the responsibility of parents and legal guardians to determine whether any of the content and services offered on the Website is appropriate for their children or minors under their guardianship.

Housen.ca may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

The website and services may only be used in compliance with these terms and all applicable local – municipal, provincial, national - federal and international laws, rules and regulations.

By using the website, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

2. ACCOUNT

Opening an account on our website will allow the user to request and access information about the properties shown on the website. Through the user account and the use of the website, users will be able to request and schedule appointments to visit and view the properties shown on the website. The data of the properties displayed on the website are under license.

If you register with Housen.ca, you will be asked to choose a password and may be asked for additional information about your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Housen.ca of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without Housen.ca' prior authorisation. Housen.ca will not be liable for any loss or damage arising from your breach of this agreement.

Users may cancel their accounts at any time and for any reason by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Housen.ca.

Housen.ca reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Housen.ca believes that you have breached any of these terms, provided Housen.ca with false or misleading information, or interfered with any other party's use of the website or service.

By using the website, opening an account and accessing the listings available on the website, the user agrees and declares not to use the available property information for purposes other than considering the purchase, sale or rental of the property shown in the listings. Users who register and open an account on the website may not copy, redistribute or retransmit the information available in the property listings for purposes other than to buy, sell or rent a property.

3. NOTIFICATIONS AND NEWSLETTER

By providing Housen.ca with your email address, you agree that we may use your email address to send you important notifications and communications about our services, properties, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails about our services, properties, important news and special content.

4. DISCLAIMER

By accessing the website and the content available on the website, you accept personal responsibility for the results of using the information available on the content. You agree that Housen.ca has not guaranteed the results of any actions taken, whether or not advised by this website or the content. Housen.ca provides resources and content for informational purposes only. We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice. Any use of the material provided on this website is at your own risk.

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, Multiple Listing Service® and the MLS® logo are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. Used under license. The Site is not intended to solicit consumers already under exclusive contact with other brokerages.

5. INFORMATION AND CONTENT AVAILABLE IN THE LISTINGS

You agree and represent that you acknowledge Toronto Regional Real Estate Board’s (“TRREB”) ownership and the validity of TRREB’s ownership and copyright of the MLS® database, the MLS® data, TRREB’s MLS® system and the information available through the listings displayed on the website.

You agree and represent that by using the website and accessing the listings available on the website, you agree not to directly or indirectly display, publish, disseminate, distribute, post, publish, transmit, transfer, sell or sublicense any information available in the listings displayed on the website to any other unauthorized individual or organization.

You agree and represent that by using the website and accessing the available listings you agree not to do any of the following:

"scraping" (including "screen scraping" and "database scraping").
“Data mining" or any other activity intended to collect, copy, store or manipulate any Information available through the listings available on the website.

Housen.ca, its members and authorized representatives may access the VOW for the purpose of verifying compliance with MLS® rules and regulations and the same rules and regulations of the VOW. Housen.ca may also access the VOW for the purpose of monitoring the display of members' listings by the VOW. All Housen.ca users and registrants agree not to copy or redistribute any VOW content or information other than expressly for the purpose of buying, selling or renting a property by the client.

The information available on the website provided through the Ontario Regional Technology & Information System and TRREB’s MLS® system is believed to be reliable but is not guaranteed to be accurate, current or correct.

6. TORONTO REGIONAL REAL ESTATE BOARD (TRREB)

User agrees and represents that user acknowledges the ownership of all MLS® listings data displayed on Housen.ca by the The Toronto Regional Real Estate Board ("TRREB") and the validity of TRREB's ownership and copyright of the MLS® database, MLS® data, TRREB's MLS® system and the information available through the listings shown on the website.

By registering as a user and accessing the listings available on the website, the user agrees not to display, publish, disseminate, distribute, transfer, sell or sublicense, directly or indirectly, any Information available through the listings to any other individual or entity, other than for the purpose of purchasing or renting a property for themselves.

You agree and represent that by using the website and accessing the available listings you agree not to do any of the following:

"scraping" (including "screen scraping" and "database scraping").
“Data mining" or any other activity intended to collect, copy, store or manipulate any Information available through the listings available on the website.

TRREB and its duly authorized representatives may access the VOW for the purpose of verifying compliance with MLS® rules and the VOW rules themselves. Housen.ca may also access the VOW for the purpose of monitoring the display of member listings by the VOW.

By registering on the website and providing information through the website, the user consents that his or her personal information may be collected, used and stored. Personal information you provide through our website and listings may be shared with TRREB for auditing and/or legal purposes.

The information available on the website provided through TRREB is believed to be reliable, but is not guaranteed to be accurate, current or correct.

7. THIRD-PARTY MATERIALS.

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.

8. COPYRIGHT

All materials on Housen.ca, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Housen.ca or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on Housen.ca are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Housen.ca prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilise Housen.ca or any part of the material for any purpose other than its intended purposes is strictly prohibited. The content of this website is intended solely for private, non-commercial use by individuals.

9. TRADEMARKS

(Housen.ca) and the (Housen.ca Logo displayed on home page) logo are certification marks owned by (Housen.ca parent company).

10. COPYRIGHT INFRINGEMENT

Housen.ca will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of provisions contained in Canadian and international copyright and intellectual property laws and regulations. Housen.ca respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the Housen.ca website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:

Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
A statement that specifically identifies the location of the infringing material, in sufficient detail so that Housen.ca can find it on the website.
Your name, address, telephone number and email address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the copyright owner, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorised to act on its behalf.
An electronic or physical signature of the copyright owner or of the person authorised to act on the copyright owner's behalf.

11. CONFIDENTIAL INFORMATION

Information provided by our customers through our services will be treated as confidential information and will be used solely for the purpose of providing our services properly. Housen.ca will protect such confidential Information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or proprietary information of similar importance. If necessary to carry out a prospective business relationship, Housen.ca may disclose confidential information received pursuant to our services to employees and/or consultants with a need to know, provided that the consultants are obligated to protect such confidential information from unauthorised use and disclosure. Confidential information shall not be disclosed to any third party without the prior written consent of the customer who is the owner of the information.

12. PERSONAL DATA

Any personal information you submit in connection with your use of the website will be used in accordance with our privacy policy. By using the website, you agree that we may collect and store your personal information in our database and also to contact you back about the products/services on our website in which you have expressed interest. Please see our privacy policy.

13. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Housen.ca or licensed to the Housen.ca by third parties (such as TRREB & ITSO). For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:

Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
Deep-link to any portion of the services for any purpose without our express written permission.
"Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorisation.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Housen.ca in connection with the services.
Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
Download any content unless it’s expressly made available for download by Housen.ca.

14. DISCLAIMER OF WARRANTIES

Because of the nature of the Internet Housen.ca provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Housen.ca for any loss or damage caused as a result.

Housen.ca will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Housen.ca excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Housen.ca and Housen.ca shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

Any incorrect or inaccurate information on the website.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Housen.ca.
All representations, warranties, conditions and other terms which but for this notice would have effect.

15. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Housen.ca for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.

16. INDEMNIFICATION

You agree to defend and indemnify Housen.ca from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

Your breach of this agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of the website.

16. INDEMNIFICATION

Your breach of this agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of the website.

17. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

18. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Housen.ca without restriction.

19. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Housen.ca, shall constitute the entire agreement between you and Housen.ca concerning and governs your use of the website and the services.

20. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and Housen.ca, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event of a dispute arising in connection with the use of the website or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organisation as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Housen.ca may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organisation and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website.

The courts of Canada shall have jurisdiction over any dispute, controversy or claim relating to Housen.ca and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Canada.

21. FINAL PROVISIONS

These conditions are governed by the laws of Canada. Use of the website and services are not authorised in any jurisdiction that does not give effect to all of the provisions of these terms.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

22. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below: