Last updated March 22, 2016
The Site is owned and operated by Zoocasa Realty Inc. The real estate representatives are a team under Zoocasa Realty Inc., Brokerage, and hereinafter referred to as, Zoocasa. Zoocasa Realty Inc., Brokerage is a member of the Canadian Real Estate Association (CREA) and is licensed to trade in real estate in the province of Ontario. Zoocasa, and its affiliates (collectively, we, us) reserve the right, at our sole discretion, to modify the Agreement at any time, and such modifications shall be effective immediately upon posting of the modified version on the Site. You agree to review the Agreement periodically to be aware of such modifications, and your continued use of the Site shall be deemed your conclusive acceptance of the modified Agreement.
The Site provides real estate related information to consumers and promotes and delivers services offered by Zoocasa. The information provided on the Site is from sources we consider reliable, but because it is supplied by third parties, we cannot guarantee that it is accurate or complete and it should not be relied upon as such. All listing and other data is subject to changes without notices, and to errors and omissions. The data has not been, and cannot be verified by us.
You should use your own judgment regarding the merits of any data, individual, or entity that you find on or through the Site. In spite of its good faith effort, Zoocasa cannot and does not represent or warrant that any individual or entity who’s services are promoted or offered on or through the Site is registered, licensed, qualified, or otherwise authorized or capable of performing any described services. Zoocasa, and its affiliates, do not make any representations, warranties or assurances as to the timeliness, completeness or accuracy of the information provided by any real estate professional, real estate agent, broker, brokerage, affiliate, appraiser or other real estate- or real-property-related service provider on or through the Site, including without limitation any real property evaluation or other related services.
The Site, and all text, information, images, audio, video and other material (the Content) posted on or through the Site, are protected by copyright, trade-mark, and other intellectual property and proprietary rights laws. All Content posted on or through this Site, remains the valuable intellectual property of its owner(s), and is made available on or through the Site solely for your own personal, non-commercial, lawful use. You agree to abide by all copyright notices, information and restrictions contained in or displayed herein and with any Content.
You affirm that you have attained the age of majority in the jurisdiction in which you are a resident, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
You may not use the Site if you live in a jurisdiction where access to or use of the Site or any part of it may be illegal. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws. In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for:
Nothing contained on the Site should be considered as granting you, by implication, estoppel, or otherwise, any license or right to use any copyrighted material, trade-marks, logos, or other names, or other intellectual property used on or in connection with the Site, including, but not limited to, those identifying Zoocasa and/or its affiliates, licensors and related companies, or their respective products and services displayed on the Site, without the expressed written consent of the applicable rights holder. You do not acquire any ownership rights in any Content, nor are you granted any commercial, sale, resale, reproduction, licensing or sub-licensing, distribution, publishing, broadcast, transmission, performance or promotional use rights with respect to the Content.
You may only copy and store Content on your own computer for your personal, non-commercial home use, and you may not copy, share, modify, translate, license or sublicense, distribute, publish, broadcast, transmit, perform, display, sell or disseminate any Content to another recipient or otherwise use the Content for any other purpose. You are hereby advised that Zoocasa, its affiliates and licensors will aggressively enforce their intellectual property rights to the fullest extent permitted by law.
Your use of the Site and the Content must comply with this Agreement, all applicable laws and all applicable Zoocasa policies. Without limitation, you may not use the Site to directly or indirectly:
You must be 16 years of age to use this website.
Grant of Rights. With respect to Content that you upload, post, transmit, distribute or otherwise disseminate or make available on or through the Site (your Contributions), you irrevocably grant us the world-wide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable right and license (without obligation) to use, distribute, reproduce, encode, modify, adapt, edit, display, exhibit, publish, translate, publicly perform, communicate, publicly display your Contributions, and to incorporate them into other works, in any format and through any media channel, whether now known or hereafter invented, including, without limitation, by way of the Site. Subject to the rights expressly granted to us, you retain ownership of the copyright in your Contributions. Moral Rights Waiver. You irrevocably waive your moral rights with respect to your Contributions, in connection with our exploitation of the rights granted to us in this Agreement. Prohibited Content. You will not upload, post, transmit, distribute, or otherwise disseminate or make available on or through the Site any Content that:
Third Party Content. You acknowledge that, despite the prohibitions above, Content posted on the Site by other end users, may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services and links to other web sites. We do not have control over Content provided by third parties, and assume no responsibility or liability for it. Content you access or transmit using the Site is accessed and transmitted at your own risk. Third Party Web sites. Web sites accessed via links or other means from the Site have, unless otherwise indicated, been independently developed by third parties. The inclusion of any Content or links on the Site should not be construed as an express nor an implied endorsement of any third party products or services by us. We are not responsible for the Content or opinions expressed on any linked web sites, and such web sites are in no way investigated, monitored or checked by us.
Unless otherwise agreed in writing by us, you may only provide a hypertext link to the Site on another web site, provided that (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trade-marks, as determined by us in our sole and absolute discretion; (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by us, as determined by us in our sole and absolute discretion; (c) the link, when activated by a user, must display the Site full-screen and not within a "frame" on the linked web site; and (d) we reserve the right to revoke our consent to the link at any time in our sole discretion.
You may be issued a unique user name and password to access portions of the Site. You are solely responsible for protecting your user name and password. We are not liable for any claims, losses, actions, damages, suits or proceedings relating to the sharing of your user name and password with others. You agree to notify Zoocasa immediately after you become aware of any unauthorized use of your user name and password, and to take such reasonable steps as are necessary to prevent any reoccurrence of such event.
This Agreement shall continue indefinitely until terminated by you or us pursuant to the provisions hereof or in accordance with applicable law. We may discontinue, or terminate your access to, the Site or any portion of the Site, at any time without notice to you. Our discontinuance of the Site or any portion of the Site may result in the removal or deletion of Content made available by you. You are responsible for maintaining any required back up copies of such Content. Zoocasa will not be liable to you with respect to its deletion of any Content.
THE SITE, AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" BASIS. ZOOCASA, ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE. NEITHER ZOOCASA NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, OR POSTING FOUND ON THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR FINANCIAL INFORMATION), ANY SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE SITE. NEITHER ZOOCASA NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL ZOOCASA OR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THE SITE, DIRECTLY OR INDIRECTLY. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ZOOCASA NOR ITS AFFILIATES, LICENSORS AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Zoocasa, its affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of this Agreement; or (b) your use of the Site, the Content , your contributions and the placement or transmission of any Content or any of your contributions on the Site made by you or others using your user name and password. Zoocasa reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Zoocasa or its affiliates, licensors or related companies. You will co-operate as fully as reasonably required in the defense of any claim.
These terms apply to the Internet Data Exchange and Virtual Office Website features of the Site, which provides listing data from various real estate boards/associations. You agree and acknowledge that:
you have received, read and understood the agency disclosure document for your respective province as linked below, that you have had the opportunity to discuss such document with Zoocasa, and you accept declare that the only relationship sought with Zoocasa is as a customer/consumer, not a client.
all data obtained from zoocasa.com is intended only for your personal, non-commercial use;
you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered through zoocasa.com;
you will not use, copy, print, or save any of the data on zoocasa.com other than for conducting your due diligence for the prospective sale, purchase or lease of a real estate property; this shall be your only permitted use of the data on zoocasa.com;
you recognize the validity of, and will respect the ownership of, the proprietary rights and copyrights of the listing data provided by, and the MLS® System of, each respective real estate board/association;
you consent that some personal information (name, phone number, email address, and other) may be collected by this website prior to you being granted access to certain information on the Internet Data Exchange or Virtual Office Website features of zoocasa.com; this requirement is to satisfy Zoocasa’s compliance with the rules, regulations, policies, and by-laws of the various boards/associations providing the listing data;
your personal information may be shared with the real estate boards/associations, or their authorized representatives, providing data to zoocasa.com for the purpose of auditing and monitoring Zoocasa’s compliance with each respective board’s/association’s rules, regulations, policies and by-laws, the security of the data and other legal purposes, related to the use of the boards’/associations’ data;
though all information presented on the Site is deemed to be from reliable sources, neither Zoocasa, nor the real estate boards and/ or associations providing listing data to Zoocasa, nor third party information providers, assume any responsibility for, and make no guarantee as to, the accuracy of the information provided on zoocasa.com. No information should be relied upon without being independently verified by you with the assistance of professionals as required;
some of the information contained on this site is based in whole or in part on information that is provided by members of The Canadian Real Estate Association (CREA), who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members, such as Zoocasa, and assumes no responsibility for its accuracy;
neither Zoocasa nor any board/associations shall 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 or reliance on the listing information/data, any related data, and/or posted or hyperlinked comments or reviews.
Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as Zoocasa may determine in any and all actions. This Agreement and any rules, policies, guidelines or other agreements posted on the Site by Zoocasa constitute the entire agreement between Zoocasa and you with respect to your use of the Site. No waiver by either Zoocasa or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. This Agreement has been drawn up in the English language at the express request of the parties. La présente convention a été rédigée en anglais à la demande expresse des parties.
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.
To contact Zoocasa in connection with this Agreement or the Site, write to:
c/o Zoocasa Realty Inc. Brokerage
184 Front Street East, Suite 701