1.3 CondoNow reserves the right, in its sole discretion, to make any revisions/modifications to the Site and/or to correct any errors or omissions in any portion of this Site as it so chooses. CondoNow may make any other changes to this Site, at any time, without notice.
2.1 CondoNow operates this Site from its facilities in Ontario, Canada. CondoNow does not represent or warrant that any information, documents, forms, guidelines, procedures, features, requirements or services on this Site are appropriate, available or legal for use in any locations and/or jurisdictions.
3.2 The purpose of this Site is solely that of an administrative, informational and promotional tool for real estate projects, such as condominiums, townhouses or other property developments (hereinafter the "Developer's Project") of the developer/owner or agent of the developer/owner (collectively, the "Developer") and for real estate transactions, namely the purchase and sale of real estate, the transfer of title in real estate or the rental of real estate (the "Real Estate Transaction") and is not in itself a real estate sale/purchase, rental or transfer of title (collectively, the "Purposes"). The closing and/or completion of a Real Estate Transaction by a buyer, seller or renter requires that all legal steps occur including the actual real estate sale/purchase, rental or transfer of title, which does not occur through the use of this Site.
3.3 This Site and the Content are made available to you for the Purposes only and are not intended to be a substitute for professional advice, assessment and evaluation, including in any Real Estate Transaction. This Site and the Content should not be relied upon as the basis for making or completing any decision dealing with any Real Estate Transaction.
3.4 Any and all dollar figures, including offer and sale figures, maintenance fees and taxes, throughout the Site are estimations only and such figures are not to be used in any legal capacity. The documents supplied on closing supersede any information provided through this Site.
3.5 CondoNow is not a party to any Real Estate Transaction, or any aspect of such, which may or may occur as a result of the Purposes or through the use of this Site or the Content.
4. ACCESS TO and USE OF SITE
- a) you must retain, on all copies of the Content downloaded or copied, all copyright and other proprietary notices contained in the Content;
- b) you may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use it or any part of it for any public purpose;
- c) you may not transfer the Content or any part thereof to any other person without CondoNow's prior express written consent which is not herein granted; and
- d) you may not print or copy any of the HTML or other computer programs that are viewable at the Site.
4.2 The Content may only be printed, copied or saved onto your own computer for the Purposes and not for your commercial use. It is prohibited to use the Content contained on this Site for any purposes other than the Purposes, including any commercial or advertising purposes, without the prior express, written consent of CondoNow, which is not herein provided.
4.3 This Site may only be used for lawful purposes and is not to be accessed or used for any improper purpose or to infringe or violate any laws. You agree not to use this Site in any way that would undermine its functioning and/or disrupt the Site or its access or use for other users or CondoNow.
4.4 You agree that CondoNow may communicate with you via any means of communication in any media, including e-mail, telephone and in-person in connection with the Site and the transactions contemplated thereby.
5.1 The Developer may choose, in its sole discretion, not to proceed with the Developer's Project..
5.2 The Developer manages the data and the real time updating of the Site as it pertains to the Developer's Project. CondoNow does not manage and is not responsible for that data and/or such updating and relies upon the Developer.
6.1 This Site may contain links, including hyperlinks to electronic sites available through the Internet, owned, managed and/or operated by third parties and not by CondoNow and CondoNow has no control over any content at such sites or any of the products or services described thereon (collectively, the "Third Party sites").
6.2 CondoNow makes no representation or warranty regarding, and does not endorse, any Third Party sites, the security of performing transactions on the Third Party sites, or the privacy policies of the Third Party sites.
6.3 CondoNow and this Site do not sponsor, endorse, or license any of the Third Party sites. CondoNow and this Site are not affiliated or associated with any of the Third Party sites and are not authorized to permit you to use any trade-mark, trade name or copyrighted material displayed in or accessible through the Third Party sites.
6.4 CondoNow is not liable for any possible damages arising from the access or use by you of such Third Party sites, including any viruses accessed through them. Any complaints you have about the Third Party sites must be addressed directly to the Third Party sites.
7. INTELLECTUAL PROPERTY
7.1 The Site, the Content, the software used in connection with the Site, the trade-marks, trade names and domain names being and including CondoNow, the design and display of the Site, the confidential information set out at the Site and any and all indicia of the Site (collectively, the "Intellectual Property") are, and at all times remain, the property of CondoNow and/or any of its affiliates. The Intellectual Property are protected by intellectual property laws including those specifically set out below and you agree to abide by all intellectual property laws and all intellectual property notices, including those displayed at the Site. Except as expressly provided herein, CondoNow does not grant any express or implied right or license to you under any intellectual property laws for the Intellectual Property, including under any patent, trade-mark, copyright, trade secret, or confidential information laws.
7.2 This Site, including all Content, is protected by Canadian and worldwide copyright laws, including international treaties. You agree to comply with all copyright laws worldwide in your access and use of this Site and not to participate in, but to prevent, any unauthorized copying of the Content.
7.3 The trade-marks, trade names and domain names, including those which are or include CondoNow may not be used or displayed, in whole or in part, without the prior written consent of CondoNow. The trade-marks, trade names and domain names mentioned on this Site which are not owned by CondoNow or any of its affiliates are owned by their respective owners.
8. BOTTOMLINE REWARDS PROGRAM
8.2 In particular, you acknowledge and accept as a condition of continued participation in the Program and redemption of Rewards that:
- (a) eligibility and qualification for Rewards are in the sole and absolute discretion of CondoNow, and the eligibility, redemption and qualification of or for individual Rewards may vary, depending on, among other things, the type and state of completion of the Real Estate Transaction in question;
- (b) Reward values and eligibility may vary, and the Rewards have no monetary or cash value whatsoever and cannot under any circumstances form the basis of a monetary claim against CondoNow;
- (c) Rewards are subject to the applicable Rewards Suppliers' conditions and limitations, which may include, without limitation, restrictions respecting the scope, duration and geography of Rewards;
- (d) all monetary values are quoted before any applicable taxes, and Rewards may not be applied to obtain gift cards or to pay taxes or any other transaction costs with the Rewards Supplier;
- (e) you cannot transfer, sell, substitute, redeem for cash or have refunded any Reward, and no cancellations, exchanges, refunds or returns will be accepted for Rewards once redeemed;
- (f) the Rewards are subject to change and may be substituted with an equivalent valued product, service or offer at the time of redemption;
- (g) unless specified otherwise, applicable Rewards will be issued within 90 days after the date of a firm deal or a closed deal, as applicable;
- (h) each Reward is valid for one time use only and expires 180 days after the date of a firm deal or a closed deal, as applicable;
- (i) you are responsible for any taxes, fees, levies, duties or other charges which may be imposed or payable as a result of your participation in the Program and your redemption and use of Rewards;
- (j) Rewards cannot be redeemed for cash, and may expire without any reminder from CondoNow;
- (k) the Rewards are fulfilled by the individual Rewards Suppliers and are not owned by or the responsibility of CondoNow, and CondoNow assumes no liability with respect to Rewards claimed, and in particular, shall have no responsibility for the delay or failure to deliver Rewards or for their cancellation, removal or replacement, or any damage or defects relating thereto;
- (l) you are responsible for ensuring that all contact information given to CondoNow for participation in the Program is accurate and current;
- (m) you may receive correspondence, mail, e-communications (including without limitation texts or emails) and/or other social media communications from CondoNow and others (including Rewards Suppliers), and that CondoNow and all companies affiliated with CondoNow (i) will not be responsible for any such communications that are lost or delayed, and (ii) shall not be liable for any such misdirected or delayed communications, or any consequences thereof;
- (n) you are of the age of majority in the province or territory in which you reside;
- (o) CondoNow specifically reserves the right to unilaterally amend, without notice, the provisions of these Program Terms and Conditions, including without limitation regarding (i) the nature of the Program, (ii) Rewards Suppliers' obligations and liability, (iii) rights and liabilities of CondoNow and Qualified Participants, (iv) communications, (v) participation and redemption conditions, procedures, restrictions and sanctions, (vi) the redemption, expiry or cancellation of Rewards, (vii) characteristics or attributes of and eligibility and qualification for the Rewards, (viii) rights to or associated with Rewards, and (ix) the termination of participation in the Program;
- (p) CondoNow assumes no liability to Qualified Participants whatsoever by reason of the termination of, or amendment to, the Program, in whole or in part, the addition or deletion of Rewards Suppliers or Rewards, or changes made to the Rewards by Rewards Suppliers; and
- (q) a "firm deal" means that the agreement relating to the Real Estate Transaction has been signed by all relevant parties, all conditions (if applicable) have been satisfied or waived and any cooling off period (if applicable) has expired; and a "closed deal" means that the purchaser under a Real Estate Transaction takes title to the property.
8.3 CondoNow does not make any representations or warranties, expressed or implied, including, but not limited to, the implied warranties of conditions of merchantable quality and fitness for a particular purpose. You agree that CondoNow and any of its affiliates and/or representatives are not responsible for, and you release CondoNow and all such persons from any and all liability arising as a result of the delay or failure to deliver any Rewards and any accident, loss, cost, damage, defect, injury, death or expense relating to any Rewards, or for your Rewards not turning out as you expected for whatever reason. Also, you release and discharge CondoNow and all such persons from all manner of actions, causes of action, suits, demands, damages and all other claims whatsoever which may arise in any way from such Rewards. Any and all disputes relating to Rewards must be settled between you and the applicable Rewards Supplier. For greater certainty, none of CondoNow, its affiliates or any of their respective officers or directors have any responsibility or liability for any loss, cost, damage, defect, injury, death, expense or any other matter or thing whatsoever, however suffered or caused, directly or indirectly arising out of or related to (a) the Program or your participation in the Program, (b) any failure, delay or decision by CondoNow in administering the Program or amending these Program Terms and Conditions or the basis on which you can qualify for or redeem Rewards, (c) any offer, representation, statement or claim about the Program, any Rewards Suppliers or their products, services or offers made by CondoNow, a Rewards Supplier or any other person, or (d) any Rewards, the redemption of any Rewards, or any use of any products, services or offers of Rewards Suppliers, whether made available by CondoNow, any of its affiliates or any Rewards Suppliers or otherwise. This applies even if CondoNow, any of its affiliates or any of their respective representatives are advised of the possibility of any of the aforementioned matters.
8.4 Under CASL (Canada's Anti-Spam Legislation), e-messages which include any emails, texts and other electronic
communication ("e-messages") covered by CASL may be sent by you to individuals with whom you have a "family relationship"
or a "personal relationship". With respect to the Program, you may send e-messages only to those family and friends of yours
who fall within the following definitions. The definition of "family relationship" under CASL is narrower than you may
consider to be your "family" and the definition of "personal relationship" under CASL may be narrower than you may consider
to be your "friends".
Specifically, under CASL:
- (a) an individual has a "family relationship" with another individual if (i) those individuals are related to one another through marriage, common-law partnership or any legal parent-child relationship and (ii) those individuals have had direct, voluntary, two-way communication. [This definition may not include sisters, brothers, cousins, aunts, uncles, grandparents and great grandparents. Also, the two-part definition may negate the "family relationship" of certain spouses and certain parents and their children where the communications are either indirect, involuntary or one-way. Persons excluded may be included in the following definition.]; and
- (b) an individual has a "personal relationship" with another individual if (i) those individuals have had direct, voluntary, two-way communications and (ii) it would be reasonable to conclude that they have a personal relationship taking into consideration any relevant factors such as (A) the sharing of interests, experiences, opinions and information in the communications, (B) the frequency of communications, (C) the length of time since the parties communicated, or (D) whether the parties have met in person. [Using social media or sharing the same network may not necessarily reveal a "personal relationship". The mere use of buttons available on social media websites (such as clicking on "like", voting for or against a link or a post, accepting someone as a "friend", or clicking to "follow" someone) may generally be insufficient to constitute a personal relationship.]
8.5 Participation in the Program is a privilege that can be revoked by CondoNow at its discretion at any time and without compensation, including, without limitation, for any abuse by the Qualified Participant of any of these Program Terms and Conditions or any other actions deemed by CondoNow, acting in its sole discretion, to be deleterious to CondoNow, the Program or the interests of CondoNow's affiliates or Rewards Suppliers.
8.6 These Program Terms and Conditions may be different from what you know about the Program. These Program Terms and Conditions constitute the entire agreement between you and CondoNow regarding your participation in the Program and redemption of Rewards, and supercede all previous versions. Except as expressly contained in these Program Terms and Conditions, there are no conditions, representations, warranties, express or implied, statutory or otherwise. CondoNow is the final authority as to the interpretation of these Program Terms and Conditions and as to any other questions or disputes regarding the Program. Except for Qualified Participants residing in the province of Quebec (where the Program shall be governed by the laws of Quebec and the jurisdiction of its courts), the Program and these Program Terms and Conditions shall be governed by the laws of Ontario and the laws of Canada applicable therein, without giving effect to the laws or courts in the relevant geographical jurisdictions, and any claim, action or dispute shall be brought in the Courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as CondoNow may determine in respect of any and all claims, actions or disputes, or any controversies relating hereto. If any provision of these Program Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Program Terms and Conditions.
9. CONDONOW REALTY INC.
9.1 CondoNow Realty Inc., an affiliate of CondoNow Inc., may receive remuneration (which may be in the form of referral fees, lead fees, or any other compensation, benefit, reward or payment) in connection with any trade in real estate that may occur as a result of or in connection with your use of the CondoNow platform (including putting you in contact with any real estate agents, brokerages or Developers or your participation in the Program), and by your use of the CondoNow platform you acknowledge and agree to such remuneration.
10. DEFINED TERMS
and the CondoNow platform, the following terms have the following meanings:
"closed deal" means that the purchaser under a Real Estate Transaction takes title to the property;
"CondoNow Certified Agent" means a real estate agent that has been identified by CondoNow as a real estate expert, successfully completed the CondoNow training course, registered with CondoNow, and has a profile listed on the CondoNow platform;
"Developer Direct Transaction" means a Real Estate Transaction that has been completed with a Developer (instead of a real estate agent) through the CondoNow platform, provided that the purchaser has not previously registered with the Developer;
"firm deal" means that the agreement relating to the Real Estate Transaction has been signed by all relevant parties, all conditions (if applicable) have been satisfied or waived and any cooling off period (if applicable) has expired;
"Info Request #" means the number assigned to a Real Estate Transaction undertaken by a user of the CondoNow platform; and
"Insiders Club" means CondoNow's Insiders Club, which a user of the CondoNow platform may join in order to become an Insider and receive communications (including e-communications) from CondoNow.
11.1 The Site and the Content are provided 'AS IS' without any representation or warranty, express or implied, of any kind and solely for the Purposes, not for any sale, transfer or trading purposes or advice, and do not constitute a solicitation to trade in any real estate, condominium, townhouse or property of any nature. The accuracy, adequacy, completeness, validity, binding effect, enforceability or legal effect of any Content is disclaimed. CondoNow shall not be liable for any errors, omissions or other defects in, delays or interruptions in such Content or the Site, or for any actions taken in reliance thereon.
11.2 The Content may contain inaccuracies and errors. CondoNow makes no representations or warranties about and assumes no responsibility for the accuracy, adequacy or completeness of the Content or the reliability of any advice, opinion, statement or other information displayed or distributed through the Content or for any errors, omissions, defects, delays or interruptions in the Content at or available through the Site and you acknowledge that any reliance on any of the foregoing shall be at your own risk.
12. LIMITATION OF LIABILITY
12.1 IN NO EVENT SHALL CONDONOW BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR COMPUTER) RELATED TO THE USE OF, OR THE INABILITY TO USE THIS SITE, THE CONTENT, OR ANY INFORMATION OBTAINED THROUGH THIS SITE, OR THE FUNCTIONS OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT CONDONOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. GOVERNING LAW
15. ENTIRE AGREEMENT
16. WAIVER AND SEVERABILITY OF TERMS
17. TO CONTACT CONDONOW