Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING Homeilove.ca (“this Site”) or our mobile apps.

1. Introduction

1.1 Homeilove.ca and the HomeiLove name, logo and related branding are owned by or used by HomeiLove. References to “we”, “us” or “our” in these Terms mean the operator of Homeilove.ca and its related services.

1.2 These Terms of Use, together with our Privacy Policy and Cookie Policy, govern your use of this Site and our mobile apps and are collectively referred to as the “Terms”. Our collection, use and disclosure of personal information is subject to applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) where applicable and applicable provincial or territorial privacy legislation.

1.3 When you use this Site or our mobile apps, you agree to be bound by these Terms. Please read these Terms carefully before you start to use our services. If you do not agree to be bound by these Terms, you must not use this Site or our mobile apps. A reference to “you” or “your” is a reference to the user of this Site or our services.

1.4 Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. Please refer to clause 3 for further details.

1.5 We recommend that you keep a copy of these Terms for your records. These Terms form a legally binding agreement between you and us, subject to any mandatory rights or protections that apply to you under applicable Canadian federal, provincial or territorial law. We may change these Terms by updating them on the Site. The then-current version of these Terms will apply whenever you use the Site after the changes take effect. Please check this page from time to time and take notice of any changes.

2. Our rights and intellectual property

2.1 The copyright and all other intellectual property rights in this Site and our mobile apps, including database rights, trademarks, service marks, trade names, text, graphics, code, files, photographs, videos and links, belong to us or our licensors. All rights are reserved.

2.2 Subject to clause 3, you may download or access material from this Site for the sole purpose of using our services for their intended purpose. However, you must not copy, reproduce, transmit, modify, republish, store, distribute, frame, sell, license, create derivative works from, pass off or commercially exploit any material or information on or downloaded from this Site without our prior written consent.

2.3 The Homeilove.ca name, HomeiLove word mark, logos, designs, graphics and related branding may be protected by trademark, copyright or other intellectual property rights. You must not use, reproduce or copy them without our prior written consent, except where permitted by applicable law.

2.4 This Site may contain links to websites, applications or services operated by third parties. We have no control over their individual content, availability, privacy practices or security. We therefore make no warranties or representations as to the accuracy, completeness or reliability of information appearing on third-party websites. The links are provided for convenience only and do not constitute an endorsement or recommendation by us. If you decide to access a third-party website linked from this Site, you do so at your own risk.

2.5 We are not an estate agency, real estate brokerage, REALTOR®, mortgage lender, mortgage broker, property manager, contractor or other regulated professional unless expressly stated otherwise on the relevant service or page. The details of properties and related services available on this Site are provided to us by third-party property advertisers, including real estate professionals, agents, brokers, developers, landlords, property owners, home service businesses and other advertisers, for your information only. We do not independently verify all property details, advertiser information or user information, except where we expressly state that a particular verification has been carried out. We therefore make no warranties or representations as to the accuracy, completeness or current status of such information. If you rely on these details, you do so at your own risk. You should independently verify property, advertiser, pricing, financing, legal, title, condition and other relevant information with the appropriate third party before making any decision or taking any action.

3. Your obligations and conduct

3.1 You accept that you are solely responsible for ensuring that your computer, mobile device, internet connection and other equipment meet all relevant technical specifications necessary to use this Site and that your system is compatible with our services.

3.2 You must not misuse our systems or this Site. In particular, you must not hack into, circumvent security, gain unauthorized access to accounts or systems, interfere with or otherwise disrupt the operation of our systems or this Site, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs, malware or other material which is or could be malicious or technologically harmful. You must not misuse any forms on the Site and any enquiry you submit must be genuine and made for a legitimate purpose.

3.3 You must not use or attempt to use any automated program, including without limitation any spider, scraper, bot, crawler, data-mining tool or automated browser, to access, copy, collect, index, monitor or extract data from our systems or this Site without our prior written authorization. This restriction includes automated collection of property listings, photographs, contact information, user information, pricing information or other Site content. Authorized search engines and other automated programs may access the Site only to the extent expressly permitted by us and applicable technical access rules.

3.4 You must not include links to this Site in another website or service in a way that may reasonably suggest an association, approval, sponsorship or endorsement where none exists. We may withdraw permission to link to our Site at any time.

3.5 Our Site must not be framed, embedded or reproduced within another website or service without our prior written consent.

3.6 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

3.7 You must not upload, submit, transmit or use inappropriate, abusive, threatening, defamatory, obscene, discriminatory, hateful or unlawful language or content, or use the Site to solicit unlawful or unauthorized commercial services.

3.8 Whenever you use features that allow you to upload content to our Site, create a property listing, submit an enquiry, publish information or communicate with other users, you must comply with the content standards set out in these Terms. Please see clause 4 below. You warrant that your contributions comply with these standards and applicable Canadian laws and regulations.

4. Interactive services and content

4.1 Content that you upload or submit to our Site may be made available to other users and third parties as necessary to operate the relevant service. You retain ownership of your content, but by submitting content to the Site you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, display, distribute and use that content as reasonably necessary to operate, promote, maintain and improve our services, subject to our Privacy Policy and applicable law. We may also disclose information where reasonably necessary to respond to legal claims, protect our rights or comply with applicable law.

4.2 The views, opinions and statements expressed by users, advertisers or other third parties on our Site do not necessarily represent our views, opinions or values.

4.3 All content that you upload or submit to our Site must:

• 4.3.1 Be accurate and not misleading where you state facts;
• 4.3.2 Be genuinely held where you state opinions;
• 4.3.3 Comply with all applicable federal, provincial and territorial laws and regulations;
• 4.3.4 Not infringe the copyright, trademark, privacy, personality, moral or other legal rights of another person or organization; and
• 4.3.5 Not contain malicious code, harmful files or other material capable of compromising the security or operation of our Site or another person's device.

4.4 Your content must not:

• 4.4.1 Contain any material which is defamatory or unlawfully harmful to any person;
• 4.4.2 Contain any material which is obscene, offensive, hateful, discriminatory, threatening, fraudulent, misleading or otherwise unlawful; or
• 4.4.3 Contain any material which does or could potentially infringe the intellectual property, privacy or other legal rights of a third party.
• 4.4.4 Impersonate another person, organization or business or falsely suggest an affiliation, endorsement or authorization;
• 4.4.5 Contain false, misleading or deceptive property information, pricing, availability, photographs, descriptions or claims; or
• 4.4.6 Be submitted for the purpose of fraud, phishing, spam, unauthorized solicitation or other unlawful activity.

4.5 We will determine, acting reasonably and subject to applicable law, whether there has been a breach of this clause 4. Where a breach has occurred, we may take such action as we reasonably consider appropriate. This action may include:

• 4.5.1 immediate, temporary or permanent withdrawal of your right to use our Site;
• 4.5.2 immediate, temporary or permanent removal, suspension or restriction of any posting, listing or material uploaded by you;
• 4.5.3 suspension or termination of your account or access to our services;
• 4.5.4 further legal action where appropriate; and
• 4.5.5 disclosure of information to law enforcement, regulators, courts or other authorities where we reasonably believe this is necessary or required by law.

4.6 In addition to all of our rights set out above, we reserve the right to remove, edit, restrict or disable access to any content that you upload to our Site where we reasonably believe it breaches these Terms, applicable law, the rights of another person or the integrity or security of our services.

5. Registration

5.1 To receive certain property details or use certain features of this Site, you may be required to submit a completed registration form and create an account. At our discretion and subject to applicable law, we may refuse an application to create an account or require additional information for account verification.

5.2 Each registration is for a single user unless we expressly permit otherwise. You must not share your username, password or account credentials with another person or allow unauthorized persons to access your account.

5.3 You undertake that all information provided by you for the purposes of registering with us is accurate, current and complete and that you will update it when reasonably necessary.

5.4 You accept responsibility for all activity carried out through your account and for keeping your account ID, password and other credentials confidential. You will notify us promptly of any unauthorized use of your account or any other security breach of which you become aware.

6. Barring from the Site

6.1 We reserve the right, subject to applicable law, to suspend, restrict or terminate a user's access to this Site and/or any of our services on a temporary or permanent basis where we reasonably believe this is necessary, including where a user breaches these Terms, creates a security risk, engages in fraudulent or unlawful conduct, submits misleading information or otherwise misuses our services. Any user whose access has been restricted or terminated must not attempt to circumvent the restriction by creating another account or using another person's account.

7. Warranty and availability

7.1 Whilst we endeavour to ensure that material made available through this Site is reasonably secure, we do not warrant that the Site or any material available through it will be completely free from viruses, malware or other harmful code. You should use appropriate security measures on your own devices.

7.2 Due to the nature of software, telecommunications networks and the Internet, we do not warrant that your access to, or operation of, this Site will always be uninterrupted, secure, timely or error-free. We may suspend, withdraw, discontinue, modify or restrict all or any part of our Site or services where reasonably necessary, including for maintenance, security, technical or operational reasons. We will not be responsible for failures caused by circumstances beyond our reasonable control.

7.3 The information provided on this Site is for general information purposes only and does not constitute legal, financial, mortgage, tax, investment, real estate, construction, insurance or other professional advice.

7.4 We make no warranty or representation that property information, listings, prices, availability, photographs, descriptions, measurements, amenities or other information provided by third parties is correct, complete, current or up to date.

7.5 We do not guarantee that the Site, every feature of the Site, or information made available through it will satisfy every legal or regulatory requirement applicable to every user, property, transaction, province or territory. Users and advertisers are responsible for complying with the laws and regulations applicable to their own activities.

7.6 To the extent permitted by applicable law, we exclude conditions, warranties, representations or other terms that may otherwise apply to the Site or its content, whether express or implied. Nothing in these Terms excludes, restricts or limits any right, warranty, condition or remedy that cannot lawfully be excluded, restricted or limited under applicable Canadian law.

8. Liability

8.1 Nothing in these Terms is intended to exclude or limit liability where doing so would be prohibited by applicable law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

8.2 Subject to clause 8.1 and applicable law, we will not be liable for failures, interruptions or delays caused by software, telecommunications or Internet errors, third-party services, cyberattacks, maintenance, power failures or other circumstances beyond our reasonable control.

8.3 Subject to applicable law, we do not accept responsibility for loss of your password, account ID or account access caused by your failure to keep your credentials secure, unauthorized access resulting from your own actions or omissions, or problems with your own computer, mobile device, network or Internet connection.

8.4 We may put in place systems designed to prevent automated programs from obtaining unauthorized access to our systems and this Site. You are not permitted to use automated programs for unauthorized access, scraping, data extraction or circumvention of our security measures. Subject to applicable law, we will not be liable for consequences arising from your unauthorized use or attempted use of automated programs.

8.5 Subject to clauses 8.1 to 8.4 and applicable law, we will not be liable for loss or damage arising under or in connection with:

• 8.5.1 use of, or inability to use, our Site or services; or
• 8.5.2 use of, or reliance on, any content, property information, advertising or information displayed on our Site.

8.6 Subject to clauses 8.1 to 8.5 and applicable law, if you are using our services for business or commercial purposes, we will not be liable for:

• 8.6.1 any indirect, consequential, special or punitive loss, damage, costs or expenses;
• 8.6.2 loss of profit;
• 8.6.3 loss of business or business opportunity;
• 8.6.4 loss of reputation;
• 8.6.5 depletion of goodwill; or
• 8.6.6 loss of, damage to or corruption of data.

8.7 If you are a consumer, nothing in these Terms is intended to deprive you of any rights or remedies that apply to you under mandatory consumer protection legislation in your province or territory. Subject to those rights and remedies and applicable law, we will not be responsible for business losses, loss of profit or other commercial losses arising from your personal use of the Site.

8.8 We will not be liable for loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of content from the Site, except to the extent such liability cannot lawfully be excluded.

8.9 When you use the contact forms on this Site to enquire about a property, your details, including your email address and the information you provide in your enquiry, may be sent to the real estate professional, agent, broker, developer, landlord, property advertiser or other third party marketing the relevant property or service. We are not responsible for the subsequent communications, offers or dealings you receive directly from those third parties, subject to our obligations under applicable privacy and consumer protection laws.

9. Notices

9.1 All notices to us relating to these Terms should be given by email at hello@homeilove.ca or through the contact form available on the Site.

9.2 If you have registered to use our services, we may serve a notice on you by email at the email address provided by you when creating your account, or through your account or the Site where appropriate.

9.3 Where applicable, electronic notices will be considered received when sent to the email address or account notification method provided by you, subject to applicable law and any mandatory requirements concerning the delivery of legal notices.

10. Customer feedback and quality

10.1 We try to ensure that customer feedback is dealt with fairly and consistently and is properly recorded where appropriate. We welcome suggestions about how we may improve our services. Please email hello@homeilove.ca. We aim to acknowledge relevant customer feedback.

10.2 Phone calls directed to or from our advertisers, which may include third-party real estate professionals, agents, brokers, developers, landlords and other businesses, may be recorded for training, quality assurance, security or monitoring purposes where permitted by applicable law. Where required, appropriate notice or consent will be provided.

11. General

11.1 We may from time to time change the content of this Site or suspend, discontinue or modify any aspect of this Site or our services, including access to particular features. Any amendments to these Terms will be made available on the Site.

11.2 We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of changes. Where applicable law requires notice or consent for a material change, we will provide such notice or obtain such consent as required.

11.3 If you are a business user, these Terms together with any applicable service-specific terms, order terms or agreements form the agreement between you and us for your use of the Site and services. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation not expressly included in these Terms, except where such reliance cannot lawfully be excluded.

11.4 If a court or other competent authority determines that any part of these Terms cannot be enforced, that particular part will not apply to the extent of the unenforceability, but the remainder of these Terms will continue in effect. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provision. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms where such assignment or transfer is prohibited by these Terms or applicable law.

11.5 If you are a consumer, these Terms and their subject matter and formation, including any non-contractual dispute or claim, are governed by the laws applicable in the province or territory in which you reside, except to the extent that mandatory Canadian federal law or another applicable mandatory consumer protection law provides otherwise. Nothing in these Terms is intended to deprive you of mandatory consumer rights or remedies.

11.6 If you are a business user, these Terms and their subject matter and formation, including any non-contractual disputes or claims, are governed by the applicable laws of the Canadian jurisdiction in which the HomeiLove service provider is established, unless a separate written agreement with you provides otherwise. Subject to applicable law, the courts of that jurisdiction will have exclusive jurisdiction.

12. Electronic communications and Canadian anti-spam requirements

12.1 We may communicate with you electronically regarding your account, enquiries, transactions, services, security matters and other matters relating to your use of the Site.

12.2 Where we send commercial electronic messages to you, we will comply with applicable Canadian anti-spam requirements, including Canada's Anti-Spam Legislation (CASL), where applicable. Commercial electronic messages may include email, text messages or other electronic communications used for promotional or commercial purposes.

12.3 Where applicable, commercial electronic messages will identify the sender and include an unsubscribe mechanism or other method required by law. You may withdraw consent to receive commercial electronic messages in accordance with applicable law. Withdrawal of consent to promotional communications will not prevent us from sending non-promotional communications that we are legally entitled or required to send.

13. Privacy and personal information

13.1 We collect, use, disclose and safeguard personal information in accordance with our Privacy Policy and applicable Canadian privacy laws.

13.2 Depending on the circumstances and the province or territory involved, applicable privacy legislation may include PIPEDA or substantially similar provincial private-sector privacy legislation, including applicable legislation in Alberta, British Columbia or Quebec.

13.3 By using the Site, you acknowledge that your personal information may be collected, used or disclosed as described in our Privacy Policy and as otherwise permitted or required by applicable law.

13.4 You are responsible for ensuring that information you submit about another person, including information contained in property listings, enquiries or business contacts, is submitted lawfully and that you have any permissions or authority required under applicable privacy law.

14. Property listings and third-party services

14.1 Homeilove.ca is a property platform and does not itself guarantee the availability, condition, ownership, title, legality, suitability, financing, value or marketability of any property listed on the Site.

14.2 Property listings, advertisements and related information may be supplied by independent third parties. Those third parties are responsible for the accuracy and legality of the information they provide and for complying with applicable laws and regulations.

14.3 We do not act as your real estate agent, lawyer, mortgage advisor, lender, inspector, appraiser, contractor, insurer or other professional advisor unless expressly stated otherwise.

14.4 Any transaction, tenancy, purchase, sale, lease, financing arrangement, home improvement service or other agreement you enter into with a third party is solely between you and that third party. You should carry out your own due diligence and obtain independent professional advice where appropriate.

15. Advertising and commercial information

15.1 Advertisers are responsible for ensuring that their advertisements, property listings, claims, pricing, promotions and other representations comply with applicable Canadian federal, provincial and territorial laws.

15.2 We may remove, reject, edit, suspend or restrict an advertisement or listing where we reasonably believe it is inaccurate, misleading, unlawful, inappropriate, incomplete, fraudulent or otherwise inconsistent with our policies or the operation of the Site.

15.3 Nothing in these Terms permits an advertiser to make a representation that is false or misleading. Advertisers should ensure that material information and conditions associated with an offer, promotion, price, discount, refund or service are clearly disclosed.

16. Contact us

16.1 To contact us regarding these Terms, please email us at hello@homeilove.ca or use the Contact Us form available on the Site.

16.2 If you have a question, complaint or concern regarding your use of the Site, we encourage you to contact us first so that we can review the matter and attempt to resolve it appropriately.