Please take a moment to read this carefully before using www.agentavenue.com and/or app.agentavenue.com (collective “Website”) operated by Agent Avenue Real Estate Services Limited ( “AARES”, “we”, “us”, or “our” as applicable).
- 1.1 Your use of the Website is subject to your acceptance of the following terms and conditions (“ Terms ”). By accessing or using the Website, you agree to be bound by these Terms without limitation or qualification. If you do not agree to be bound by these Terms, you must not access or use the Website.
- 1.2 General. These Terms constitute the entire agreement between AARES and you with respect to your use of the Website including, without limitation, any of the Content (as defined below) and/or any of the Third-Party Links (as defined below). These Terms supersede all prior communications, representations or agreements, either oral or written, between AARES, its licensors and you with respect to the Website. Additional terms and conditions may apply when you use Content provided by any other user or third-party or any of the Third-Party Links.
- 1.3Changes to Terms. We may also update or revise the Terms at any time with or without prior notice. You should periodically revisit this page to review any updates or revisions to the Terms. Your continued access to and/or use of the Website shall constitute your acceptance of any updates or revisions to the Terms. If any updated or revised Terms is not acceptable to you, you must cease accessing and using the Website.
2 Uses and Restrictions
- 2.1 You may access and use the Website and the information, features and services contained therein (collectively “ Content ”) only in accordance with all applicable laws and regulations and with these Terms. The Website and the Content (i) are made available to you for informational purposes only and are not intended to be a substitute for direct communication as between buyer/seller and agents, and/or professional advice, and (ii) should not be relied upon as the sole basis for making a real estate agent hiring or appointment decision, or a real estate purchase or selling decision.
- 2.2 As-is, As-available. The Website, Content, and any information contained therein (and/or provided by us to you through means other than the Website and the Content) are provided on an “as-is” and “as-available” basis. We are not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content. You agree that all risk associated with your use of, or reliance on, any Content rests with you only. You further agree that we shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Content.
- 2.3 Prohibited Uses – General. You must not, directly or indirectly, (i) replicate (including, without limitation, print, save onto your own computer, modify, merge with other data, post on another website) or otherwise use the Content for any unauthorized public, unauthorized commercial or non-personal purpose, and (ii) transfer any Content (including, without limitation, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense the Content) to another individual or entity.
- 2.4 Prohibited Uses – Agent/Broker Users. Following our “Agent Selection Process ”, i.e., the process whereby the following steps take place: (1) a seller/buyer user provides their purchaser/sale opportunity to us, (2) us vetting (and masking certain contact information) of the seller/buyer user opportunity, (3) us posting the vetted and masked seller/buyer user opportunity on the Website for agent/broker users to apply to, (4) the seller/buyer user selecting the desired agent/broker users to connect or be connected with, and (5) us releasing the agent/broker users (as selected by the seller/buyer user) contact information to the seller/buyer user (and vice versa), an agent/seller user (as selected by the seller/buyer user) will receive the contact information of the seller/buyer user from us. You represent and warrant that you will not use the contact information of the seller/buyer user for purposes other than to contact them for the purpose of applying to the seller/buyer opportunity, and if selected by the seller/buyer user as the agent for their anticipated transaction, you will not use the contact information of the seller/buyer user for purposes other than to complete such anticipated transaction. The prohibited uses also expressly include, without limitation, the following:
- (a) No Bypass. Any attempt to contact a seller/buyer user, in any manner, using the information provided by us prior to the conclusion of the Agent Selection Process (i.e., Step (5) above).
Example: You should not infer the actual address (or other contact information) of a seller/buyer user from the photos or the masked listing information provided by us under Step (3) above.
- (b) No Pester. Any attempt to contact a seller/buyer user, in any manner, after the seller/buyer user has indicated their desire to not work with you.
Example: You should not contact a seller/buyer user after they have rejected your application or indicated they do not want to work with you, or have chosen another agent/broker user.
- (c) No Misuse. Any use of the seller/buyer user contact information sent to you from us for purposes other than to (i) apply for the seller/buyer user opportunity, and, (ii) if selected by the seller/buyer user, to provide agent services to the seller/buyer in a transaction other than the opportunity you have applied for.
Example 1: You should not add the seller/buyer user contact information onto your/your brokerage’s mailing list without the seller/buyer user’s consent.
Example 2: You should not retain the seller/buyer user contact information in anticipation of their next transaction without the seller/buyer user’s consent.
3. Billing and Payment for Agents and Brokers
- 3.1Billing and Payment for Agent/Broker Users on Paid-Subscription Services. For agent/broker users that are on the paid-subscription accounts, the fees and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method in advance on the date when you first subscribe (or upgrade) to the paid-subscription service, and on the same calendar day of each subsequent monthly or annual billing cycle (as applicable). To use the our paid-subscription service you must provide one or more payment methods. You authorize us to charge any payment method associated to your account in case your primary payment method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your account and access to the service until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Local tax charges may vary depending on the payment method used. Check with your payment method service provider for details.
- 3.1.1 Updating Payment Methods. You can update your payment methods on your “Account” page. We may also update your payment methods using information provided by the payment service providers. For assistance with updating your payment method, please contact Customer Support at firstname.lastname@example.org. Following any update, you authorize us to continue to charge the applicable payment method(s).
- 3.2 Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will only apply after a thirty (30) days advance notice to you.
- 3.3Subscription Terms. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will only apply after a thirty (30) days advance notice to you.
- 3.3.1 Free Subscriptions. Your subscription begins as soon as your registration for a free Agent Avenue account is processed. You can cancel your subscription anytime via by contacting Customer Support at email@example.com or the online chat services at www.agentavenue.com. Your AARES account will be closed 30 (thirty) calendar days after the cancellation notice, at which point we may remove and discard any Content related to you or your use of the Website.
- 3.3.2 Paid Month-to-Month Subscriptions. Your subscription begins as soon as your order is processed. Your subscription will automatically renew each month without notice until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or PST/HST/GST (as applicable) if the rate does not include it), every month upon renewal until you cancel. You can cancel your subscription with a five-business day (5) notice via by contacting Customer Support at firstname.lastname@example.org or the online chat services at www.agentavenue.com. Payments made are non-refundable, and your service will continue until the end of that month’s billing period, at which point we may remove and discard any Content related to you or your use of the Website.
- 3.3.3 Paid Annual Subscriptions. Your subscription begins as soon as your initial payment is processed. Your subscription will automatically renew annually without notice until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. We will automatically charge you the then-current rate for your plan, plus applicable taxes (such as VAT or PST/HST/GST if the rate does not include it), every month of your annual contract until you cancel. You can cancel your subscription with a five-business day (5) notice via by contacting Customer Support at email@example.com or the online chat services at www.agentavenue.com. Your service will continue for 30 days after you have given us the cancellation notice (at which point we may remove and discard any Content related to you or your use of the Website), and (i) if your annual subscription balance is below $150.00 (inclusive), then payments made are non-refundable; and (ii) if your annual subscription balance is above $150.01, you will be charged a lump sum amount of 50% of your remaining contract obligation, and any remaining balance will be refunded to your payment method after deduction of fees and charges that may be charged by Billing Agents and/or your payment method service provider.
- 3.3.4 Downgrades. You can downgrade your subscription anytime via by contacting Customer Support at
firstname.lastname@example.org or the online chat services at www.agentavenue.com. Downgrades (i) from any paid subscription to a free subscription, (ii) from any paid annual subscription to paid month-to-month subscription, or (iii) from any paid subscription of a higher-tier to a lower-tier (with the same billing cycle), are deemed cancellations of the existing subscriptions, and the cancellation terms in sections 3.3.2 and 3.3.3 shall apply.
- 3.3.5 Upgrades. You can upgrade your subscription anytime via by contacting Customer Support at email@example.com or the online chat services at www.agentavenue.com. Upgrades (i) from any free subscription to paid subscription, (ii) from any paid month-to-month subscription to any paid annual subscription, or (iii) from any paid subscription of a lower-tier to a higher-tier (with the same billing cycle) shall become effective as soon as the payment for the upgraded subscription is processed. You shall be entitled to apply, on a pro-rata basis, any subscription charges you have paid in advance towards the upgraded subscription.
- 3.4 Application Fees Non-Refundable. All agent/broker user fees that are charged on a per-application basis shall be fully earned when paid and shall be non-refundable for any reason whatsoever.
4 AARES’ Right to Terminate Termination
- 4.1 You acknowledge and agree that we may, at any time without notice, in its sole and absolute discretion and with or without cause, suspend or terminate:
- (a) Your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Third-Party Links; or
- (b) Any of your registrations or subscriptions with the Website.
- 4.1.1 Upon suspension or termination, we may remove and discard any Content related to you or your use of the Website and you must discard any link you maintain from your website to the Website. You agree that we will not be liable to you or any other individual or entity as a result of any such suspension or termination.
5 Sellers’/Buyers’ Postings Cancellations
- 5.1 Subject to a seven-day (7) minimum listing period of any seller/buyer postings, a seller/buyer user may cancel their posting at any time. Upon their cancellation of the selling/buying posting (subject to the seven-day (7) minimum listing period), we shall remove and discard any Content related to the relevant opportunity. Your AARES user account will still be available for your use. To cancel and remove your account completely, please contact Customer Support at firstname.lastname@example.org
Example: A seller user listed their selling opportunity on May 1, 2021. The listing becomes live on May 2, 2021. The seller user submitted a request to cancel the listing on May 4, 2021. The opportunity posting will be removed from the Website and any Content from May 9, 2021.
6 Intellectual Property Rights
- 6.1 The Website and all of the Content (including the organization and layout of the Website and all software used in connection with the Website) are, and at all times remain, the property of AARES and/or our licensors. The Website and all of the Content are protected by intellectual property rights owned by us and/or licensors. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content. Please also note that any Content owned by AARES or licensors may be subject to additional restrictions.
- 6.2 Ownership. Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of AARES (“AARES IP”) or third-parties (“ Third-Party IP ”). We are, and at all times remain, the sole owner of the AARES IP.
- 6.3 No Acquisition. The display of the Content, the AARES IP and the Third-Party IP on the Website does not convey or create any licence or other rights in any of the Content, the AARES IP or the Third-Party IP. You acknowledge and agree that You do not acquire:
- (a) Any ownership rights in any of the Content, the AARES IP or the Third-Party IP;
- (b) Any right to use any of the Content, the AARES IP or the Third-Party IP for commercial purposes including sale, resale, licence or sublicense; or
- (c) Any right to reproduce, distribute, display, post, disseminate, publish, broadcast, or transfer any of the Content, the AARES IP or the Third-Party IP.
- 6.4 Use of any of the Content, the AARES IP or the Third-Party IP, without the prior written consent of AARES, or the applicable licensor or third-party, is strictly prohibited.
7 Third-Party website and content
- 7.1 The Website may contain links to third-party websites or content posted on third-party websites (“ Third-Party Links ”). Such Third-Party Links are provided only for purposes of convenience and information only. You acknowledge that in providing the Third-Party Links, we:
- (a) Do not endorse any third-party website or content accessible via Third-Party Links;
- (b) Do not act as an editor, publisher or disseminator of any content accessible via the Third-Party Links and do not control or monitor any third-party website;
- (c) Do not make any representation or warranty of any kind regarding the Third-Party Links;
- (d) Are not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via Third-Party Links; and
- (e) Are not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Third-Party Links.
- 7.2 In accessing Third-Party Links, you agree that you are solely responsible for:
- (a)Taking all protective measures to guard against viruses and other destructive elements;
- (b)Evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content; and
- (c)If applicable, abiding by the terms and conditions of use and the privacy policies posted at the third-party websites.
8 Registration and Accounts
- 8.1 Certain Content on the Website may require registration or subscription. If and when you choose to register or subscribe for any such Content, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete.
- 8.2 You agree to be responsible for (i) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription process, (ii) all activities that occur under your account or password, and you further agree to (iii) notify us immediately of any unauthorized use of your password or account, and (iv) ensure that you log out of your account and close your browser window upon completing your use of the Website.
9 Exclusions and Disclaimers
- 9.1 We shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of these Terms.
- 9.2 User Content. The Website may provide various services that permit You and other users to submit, upload, post or otherwise make available, and/or store, Content on the Website and that may or may not be viewed by you and/or other users. You agree not to post and/or store any Content on the Website that:
- (a) Defames, libels, abuses, harasses, threatens or otherwise violates the legal rights of third-parties;
- (b) Constitutes, advocates or encourages conduct that would constitute a criminal offence or give rise to civil liability, violates these Terms or is otherwise objectionable, offensive, inappropriate or unlawful, as determined by us in our sole and absolute discretion;
- (c) Is protected by intellectual property rights owned by third-parties without the express permission from the relevant third-party owner or rights holder;
- (d) Solicits passwords or personal identifying information from any user;
- (e) Contains a virus or other harmful component or creates a virus or other harmful component;
- (f) Impersonates another individual or entity;
- (g) Implies an affiliation with, or endorsement by, any real estate developers, real estate agency companies (including their franchisees, brokers, or agents) (each an “ Endorsor ” ) without the express permission from the relevant Endorsor; or
- (h) Disseminates promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
- 9.2.2 You agree not to assert any ownership right of any kind in your communications and Content (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract). You hereby waive the right to receive any financial or other consideration in connection with your communications and Content including, without limitation, acknowledgement of You as the source of such communications and Content.
- 9.2.3 You acknowledge that you, not us, have full responsibility for your communications and Content including but not limited to, its legality, reliability, appropriateness, originality and copyright ownership. You agree to pay for all royalties, fees, damages and any other monies owing any third-party by reason of any posting and/or storage of Content by you on the Website.
- 9.2.4 We may investigate, review or monitor user Content that is posted and/or stored on the Website. However, we are under no obligation to do so and will not assume liability or responsibility for any Content posted and/or stored by users on the Website. We have the right to refuse, move or remove any Content that is posted and/or stored by users on the Website without notice, without cause and for any reason. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website.
9.3 Disclaimers. You expressly understand and agree that:
- (a) The Content and the Third-Party Links are provided for informational purposes only and should not be relied upon as professional advice or as a guarantee or warranty in respect of, or in relation to, a real estate purchase or sale.
- (b) The Website, the Contents and the Third-Party Links are provided on an “as-is” and “as-available” basis.
- (c) Any use of, or reliance on, the Website, the Contents and/or the Third-Party Links is at your sole risk.
- (d) WE DO NOT MAKE ANY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE CONTENT AND/OR THE THIRD-PARTY LINKS INCLUDING, WITHOUT LIMITATION:
- (i) WARRANTIES OR CONDITIONS OF TITLE AND NON-INFRINGEMENT;
- (ii) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND SUITABILITY FOR A PARTICULAR PURPOSE;
- (iii) WARRANTIES OR CONDITIONS THAT THE CONTENT WILL BE USEFUL OR MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE CONTENT WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF DEFECTS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RESULTS THAT MAY BE OBTAINED THROUGH USE OF THE WEBSITE WILL BE COMPLETE, ACCURATE OR RELIABLE;
- (iv) WARRANTIES OR CONDITIONS AS TO PRIVACY OR SECURITY; AND
- (v) WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, WITH RESPECT TO THE WEBSITE, THE CONTENT OR THE THIRD-PARTY LINKS
- (e) No advice or information, whether oral or written, obtained by You from US or from the Website, shall create any warranty not expressly stated in these Terms.
10 User Representations, Warranties and Indemnity
- 10.1 Representations and Warranties. You represent and warrant that:
- (a) You are an individual and over the age of majority in the jurisdiction in which you are resident.
- (b) You are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal.
- (c) You will use the Website only for your personal use and only as authorized by these Terms.
- (d) You are fully able and competent to enter into, and abide by, these Terms.
- (e) You own all Content submitted to or stored on the Website or otherwise have the right to grant the licence to us set forth in these Terms with respect to your communications and Content.
- (f) The posting and/or storage of your Content on the Website does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any third-party.
- 10.2 Agent Users – Additional Representations. As a agent user, you represent and warrant that you are a real estate agent/professional licensed and/or registered with the relevant real estate professional association in your state/province of practice. AARES reserves the right to remove and/or restrict your access to the Content in the event that you no longer maintain the valid and active license and registrations to act as a real estate agent professionally.
- 10.3 Indemnity. You agree to defend, indemnify and hold harmless each of AARES, its affiliates, subsidiaries and licensors and each of their respective directors, officers, employees, and agents, including all third-parties mentioned on the Website, from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to:
- (a) Your breach of any of these Terms;
- (b) Your access to, use of or reliance on the Website and/or any of the Content, and/or any of the Third-Party Links; or
- (c) Your communications or dealings with any users or third-parties mentioned on the Website.
11 Limitation of Liability
- 11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL AARES, ANY OF ITS AFFILIATES, SUBSIDIARIES OR LICENSORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE WEBSITE AND/OR ANY CONTENT FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, ANY CONTENT OR ANY THIRD-PARTY LINKS OR FAILURE OF THE WEBSITE, ANY CONTENT OR ANY THIRD-PARTY LINKS (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE, ANY CONTENT OR ANY THIRD-PARTY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE, ANY CONTENT OR ANY THIRD-PARTY LINKS). THESE LIMITATIONS APPLY EVEN IF THE PARTY LIABLE OR ALLEGEDLY LIABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
- 11.2 You expressly acknowledge that we are entering into these Terms and is making the Website, Content and Third-Party Links available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between you and AARES. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by us of your use of, or access to, the Website and/or any Content.
12 Other Operative Terms
- 12.1 Severance. If any section (or part thereof) of these Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining sections (or parts thereof) of these Terms, which shall remain in full force and effect. No Waiver. Our failure to insist upon or enforce strict performance of any section of these Terms or any right shall not be construed as a waiver of any such section or right.
- 12.3 Governing Law. You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Third-Party Links shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to conflict of law principles. AARES and you each agree to submit to the exclusive jurisdiction of the courts of the Province of British Columbia and to waive any objections based upon venue.
- 12.5 Notice. Any communications to AARES as regards these Terms may be made to:
Attention: Legal Officer, Agent Avenue Real Estate Services Limited