Website Terms and Conditions of Use

Welcome to HomeFrog.ca (this "Web site") a Web site operated by
Maybank Real Estate Ltd., Brokerage. The Web site provides data and
other information including, without limitation, articles, publications, videos, products, graphics, video, sound, images, icons, software, pictures and other materials ("Content") as well as other services such ("Services"). The Site, the Content and the Services are provided to you subject to your agreement to be bound by these terms and conditions of use ("Terms and Conditions"). BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.

 

HomeFrog
When used in these Terms and Conditions, the term “HomeFrog” means Maybank Real Estate Ltd., Brokerage.

 

“You” and “We”
“You” and “your” mean you, the individual user of the Website. “We”, “us” and “our” mean HomeFrog.

 

Electronic Communications
By accessing this Web site or sending electronic mail to HomeFrog you are communicating with HomeFrog electronically. By doing so, you agree to receive communications from HomeFrog electronically. HomeFrog will communicate with you by electronic mail at the electronic mail address provided by you or posting notices on this Web site or any other Web site that may be generally designated in advance for such purpose. You consent to receiving electronically all agreements, notices, disclosures and other communications that HomeFrog provides to you.

 

New Services and New Terms
Whenever new products or services are introduced on the Web site as part of the Services, your use of such Services will be subject to these Terms and Conditions unless HomeFrog notifies you otherwise. HomeFrog reserves the right to change the terms and conditions of use at any time. Access or use after such changes indicates your acceptance of these modified terms and conditions. You agree to review the terms and conditions of use regularly.

 

Advice or opinions are not provided
The Content is for information purposes only. It is not intended for the Content to be relied upon as professional or expert advice or opinions. You should seek professional advice, opinions and recommendations before acting or omitting to act based on any Content found on or through this Web site.

 

DISCLAIMER
THIS WEB SITE, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER HOMEFROG OR ANY OF ITS SUPPLIERS MAKES ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY AS TO THE OPERATION OF THIS WEB SITE OR THE SERVICES, OR THE ACCURACY, COMPLETENESS, QUALITY, CURRENCY OR TIMELINESS OF THE WEB SITE, THE CONTENT OR THE SERVICES OR THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE AND/OR NOT INTERCEPTED OR THAT THE WEB SITE, THE CONTENT OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES, DEVICES OR COMPONENTS. USE OF THIS WEB SITE, THE CONTENT AND THE SERVICES IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, HOMEFROG AND ITS SUPPLIERS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT OR THAT THE WEB SITE, THE CONTENT OR THE SERVICES WILL BE FREE OF ERROR OR OPERATE WITHOUT DISRUPTION.

 

LIMITATION OF LIABILITY
IN NO EVENT SHALL HOMEFROG OR ITS SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY WHATSOEVER, FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATIONS, DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUSINESS LOSSES, LOST SAVINGS, LOST DATA, LOSS OF USE, LOST PROFITS, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES ARISING FROM OR RELATING TO YOUR USE, RELIANCE UPON OR INABILITY TO USE THE WEB SITE, THE CONTENT AND/OR THE SERVICES, WHETHER OR NOT HOMEFROG OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR IF YOU TRANSFER CONFIDENTIAL OR SENSITIVE INFORMATION TO HOMEFROG OR IF HOMEFROG COMMUNICATES SUCH INFORMATION TO YOU AT YOUR REQUEST OVER THE INTERNET.

 

Permitted Use
You agree that you are only authorized to access and view the Web site and the Content and make use of the Services solely for your own personal, non-commercial use and benefit and not for the benefit of any other person or entity. You further agree that it is only where permission is specifically and expressly accorded on the Web site pages or items comprising the Content or Services that you may retain a single copy of those pages of the Web site or items comprising the Content or Services for your personal and non-commercial use, provided that you maintain all copyright and all other notices contained therein and that you do not modify all or any portion of those pages or items. You are permitted to retain a copy of the Web site Terms and Conditions of Use.

 

Prohibited Use
You agree that you shall not use the Web site or the Content for any commercial purpose or benefit. The foregoing prohibition expressly includes, but is not limited to, the practice of "screen scraping", or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Web site, in any manner or in any quantities not authorized by HomeFrog. You agree that you will not frame the Web site or the Content or any part thereof on any commercial or non-commercial internet Web site. Any special terms and conditions for use of certain Content or Services provided on the Web site and included elsewhere on the Web site are incorporated into, and become part of, these Terms and Conditions. No rights or licences are granted to you regarding the Web site, the Content or the Services, except the limited right to use the Web site, the Content and the Services in accordance with these Terms and Conditions. No reproduction, duplication, posting, downloading, uploading, retransmission, distribution, sale, modification, translation, republication of the Web site, the Content or the Services or the creation of a derivative work based on the Web site, the Content or the Services is permitted without the prior express written consent of HomeFrog. You may not use any meta tags or any other "hidden text" using HomeFrog's domain name, name, trade-marks or official marks without HomeFrog's prior express written consent. Any exploitation of the Web site, the Content or the Services including, without limitation, reverse engineering, decompilation and disassembly is strictly prohibited. You agree that you will not use this Web site for any purpose that is unlawful.

 

Ownership
Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Web site, in the Content or with the Services may constitute official marks, trademarks or trade names of HomeFrog or its licensors. The Web site, the Content and the Services are protected under Canadian and international copyright laws and intellectual property laws and treaty provisions.
The trademarks and logos that you see on the Website are the property of Maybank Real Estate Ltd., Brokerage or other third parties. The display of trademarks on the Website does not imply that a licence or right of any kind has been granted. You are not permitted to use or display any of these marks without the prior written consent of Maybank Real Estate Ltd., Brokerage or the applicable third party.
All graphic images with the exception of the HomeFrog logo are the property of Getty Images Inc. Such images may be downloaded however only for personal use. Any reproduction, retransmission or republication is prohibited.
Title to the Web site, the Content and the Services and the official marks, trademarks or trade names displayed on the Web site are owned by and shall remain with HomeFrog and/or its suppliers. Nothing contained in these Terms and Conditions or on the Web site shall be construed as conferring by implication, estoppel or otherwise any license or right to use any official marks, trade-marks, trade-names, copyright or other intellectual property rights of HomeFrog or its suppliers. Any unauthorized use of the Web site, the Content or the Services or the official marks, trade-marks, trade names, copyright or other intellectual property rights of HomeFrog or its suppliers is strictly prohibited, and we reserve the right to take such steps as we deem necessary, including legal action, to enforce such rights.

 

Hyperlinks
This Web site may contain links to third party Web sites. HomeFrog does not endorse the content contained in any third party Web site. HomeFrog does not make any representation, warranty or condition, express, implied or statutory of any kind regarding any third party Web site, including without limitation any representation or warranty regarding the legality, accuracy, reliability, quality, completeness, timeliness, non infringement, security, or suitability of any content on a third party Web site. HomeFrog does not make any representation or warranty regarding the merchantability and fitness for a particular purpose of any content, goods or services on or made available through any third party Web sites. Nor does HomeFrog make any representation, warranty or condition, express, implied or statutory that the operation of any third party Web site will be uninterrupted, free of error, viruses or any other harmful components. The content, goods and/or services available on or through any third party Web site is not under HomeFrog control and if you choose to access any third party Web site, you do so entirely at your own risk.

 

Website Usage Statistics
To continually improve the Website, we often collect statistics about how Website users are using our Website. The information collected may include your browser type and your operating system, as well as data such as the number and types of pages visited, and the length of time spent per page and on the Website overall. These usage statistics are only viewed in the aggregate and are not associated with you as an individual. We use this information for purposes such as improving pages within our Website.

 

Email Communications
Email communication including any information transmitted with it is intended only for the use of the addressee(s) and is confidential. If you are not an intended recipient or responsible for delivering a message to an intended recipient, any review, disclosure, conversion to hard copy, dissemination, reproduction or other use of any part of such communication is strictly prohibited, as is the taking or omitting of any action in reliance upon such communication. If you receive such communication in error or without authorization please notify us immediately by return e-mail or otherwise and permanently delete the entire communication from any computer, disk drive, or other storage medium. Unprotected communication by e-mail over the Internet is not confidential and may be intercepted or lost or possibly altered. You agree that HomeFrog shall have no liability to you or to any one else in connection with an e-mail sent by you to HomeFrog or an e-mail sent by HomeFrog to you at your request.
For legal purposes, documents sent electronically to you (including by facsimile) will be considered to be “in writing” and to have been signed and/or delivered by us. We may rely upon and treat as duly authorized and binding on you any electronically authenticated document that we receive from you or which appears to have been sent by you.

 

Cookies
When you visit the Website, we may send a small text file containing a unique identification number, called a ‘cookie’. Cookies are used to track the activities of the web browser, such as date, time, duration and frequency of visits. The information is used to provide a more streamlined and consistent website-navigation experience. Cookies are not used to collect any information that will personally identify you. Cookies are widely-used, and most web browsers will accept them automatically. You may adjust your web browser settings to alert you about cookies being sent or to refuse cookies automatically. Please be advised that cookies are required to complete registration for products or services online. If cookies are not enabled on your browser and you are in the process of completing a registration, a session time-out message will appear when you click the "next" button to move to the next section of the registration. If you prefer not to enable cookies on your browser, you can always complete your registration by phone by calling toll-free 1-800-989-5915 or faxing the registration form to 1-800-651-9577.

 

Links to other Websites
This Website may includes links to websites operated by subsidiaries and affiliates of HomeFrog and to other web sites operated by HomeFrog, and to websites operated by third parties. Links to other websites from this Website are for convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to the Website. HomeFrog will not be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk. All links to the Website must be approved in writing by HomeFrog.

 

Privacy
To review the HomeFrog privacy policy that applies to this Web site please click on the following link. The HomeFrog privacy policy applies to your use of this Web site. By accessing and using this Web site, you are consenting to the collection, use and disclosure of your personal information in accordance with the HomeFrog privacy policy. You acknowledge having read the HomeFrog privacy policy.

 

Content Provided by User
By sending electronic mail, messages, content or information to HomeFrog you hereby grant to HomeFrog a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license, including the right to sublicense to others, to use, reproduce, distribute, publish, modify, edit, translate, transmit, adapt, display, incorporate into other works or otherwise use the information and/or materials provided by you (in whole or in part) and/or incorporate such information and/or materials in any form, media or technology now known or developed in the future, with no compensation of any kind. You waive in favour of HomeFrog all moral rights in the electronic mail, message, content or information. By submitting or sending electronic mail, messages, content or information to HomeFrog you represent and warrant that you have the full right and authority to do so and that any use by HomeFrog of the electronic mail, message, content or information will not violate the intellectual property rights of any person.

 

Information
Information provided by HomeFrog and other sources on the Website, is believed to be current and reliable when placed on the Website, but we cannot guarantee it is accurate, complete or current at all times. Information is subject to change at any time without notice and the Website may not immediately reflect such changes. The information contained on the Website is for informational purposes only, is not intended to provide specific legal, financial, accounting or tax advice for any individual or entity and should not be relied upon in that regard, and does not constitute an offer to buy or sell products or services of HomeFrog. HomeFrog and its officers, directors, employees and agents have no obligation to update the information. The information may be changed, withdrawn or terminated at any time without notice. HomeFrog makes no warranty or representation that (i) no virus or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system, and (ii) information available on or through the Website is appropriate, accurate or available for use in any particular jurisdiction.

 

Prohibitions on User Information
You will not: (a) transmit, upload, post or otherwise make available any information or materials that (i) constitutes or encourages conduct, that would constitute a criminal offence or give rise to civil liability; (ii) is protected by copyright, trade-mark or other proprietary right without the express permission of the owner of the copyright, trade-mark or other proprietary right; (iii) is libellous, slanderous, defamatory, harassing, threatening or is otherwise injurious to a third parties; (iv) is hateful, bigoted or racially offensive; or (v) is vulgar, obscene, discourteous, indecent or pornographic; (b) interfere with other users’ use of the Website or the Services, including, without limiting the generality of the foregoing, disrupting the normal flow of communication in a discussion group; (c) post, upload or transmit materials that contain a virus, disabling devices or other code that manifests contaminating or destructive properties; (d) post, upload or transmit materials for advertising or commercial solicitation; (e) post, upload or transmit materials that do not generally pertain to the designated topic of discussion; or (f) otherwise use the Website or the Services in a manner which would serve to restrict or inhibit any other user from enjoying the Website or the Services.

 

Indemnification
You agree that your use of the Web site, the Content and the Services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against HomeFrog and/or its suppliers. You agree, at your own expense, to indemnify and hold HomeFrog and its suppliers, and its and their respective directors, officers, employees, representatives, agents and licensors harmless against any claim, suit, demand, action or other proceeding brought against any of them by a third party as a result of your breach of these Terms and Conditions.

 

Governing Law and Jurisdiction
These Terms and Conditions and their performance will be governed by the laws in force in the Province of Ontario, Canada, without giving effect to any principles of conflicts of laws, and notwithstanding your domicile, residence or physical location. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Website and these Terms and Conditions. You may not use the Website in violation of Canadian export laws and regulations. If you access the Website from a location outside of Canada, you are responsible for compliance with all local laws. The United Convention on Contracts for the International Sale of Goods does not apply to this Agreement or any communication with or transaction through the Website.
The parties confirm that it is their express wish that this Agreement and all related documents be written in English.

 

Termination
HomeFrog may at its sole and absolute discretion cancel or terminate your right to use this Web site or any part of the Web site at any time, without notice or liability to you or any other person. In the event of termination, the terms and conditions of use shall continue to apply and be binding upon you with respect of your prior use of the Web site and of the Content.

 

Waiver/Severance
The failure by HomeFrog to require or enforce the performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Each provision of the Terms and Conditions is severable from the other Terms and Conditions and if any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the other Terms and Conditions will continue to have full force and effect.

 

Contests
HomeFrog, at various times, may have contests which are open to users of the Web site and others. All contests are governed by these Terms and Conditions and the applicable contest rules. Each time you participate in a contest through this Web site you agree and accept to be bound by these Terms and Conditions and the applicable contest rules.

 

Submission of Comments and Suggestions
HomeFrog welcomes your comments and suggestions on our services, including the Website. However, except for personal information we may collect from you, any ideas, suggestions or other material that you submit to HomeFrog shall become the property of Maybank Real Estate Ltd., Brokerage By submitting an idea or suggestion to HomeFrog, you are waiving any and all rights that you may have in the idea or suggestion, and HomeFrog shall be entitled to use the idea or suggestion as it so desires, as provided or as modified by HomeFrog, without any obligation to compensate you or others for the materials.

 

Data Protection
You shall have sole responsibility for the adequate protection (including protection against computer viruses) and backup of any data and/or equipment used in connection with the Website and shall not make a claim against HomeFrog for lost data, re-run time, data corruption, communication interception, inaccurate output, work delays or lost profits resulting from any use of the Website.

 

Severability
In the event that any provision of these Terms and Conditions is determined to be unenforceable or invalid in whole or in part, the affected portion of such provision will be deemed to be severed and the remaining provisions will continue to apply with full force and effect.

 

Headings
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

 

Copyright Notice
© HomeFrog.ca All rights reserved. No part of the Web site or the Content may be reproduced, modified, distributed, published, sold, licensed, broadcasted, retransmitted, circulated in any form or used in any way without the prior written consent of HomeFrog. To request such consent, please contact:

Maybank Real Estate Ltd., Brokerage
1200-251 Consumers Rd.
Toronto, ON M2J 4R3
1 800 989-5915
1 416 640-7805
Fax: 1 800 651-9577

 

Entire Agreement
These Terms and Conditions, together with the Privacy Policy constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral, or written) regarding such subject matter.