Terms & Conditions
Last updated: December 2, 2016
Homenova Terms & Conditions
IMPORTANT: BINDING CONTRACT
By accessing, browsing, and/or using any of the websites and/or applications (“Platform” further defined in detail below) operated by Homenova Inc. (“Homenova”) you, the User, agree to be bound by all of the terms for use and agrees these terms constitute a binding contract between you, the User, and Homenova (and its affiliates).
- Combined Content. Collectively Member Content and Homenova Content.
- Content. Text, video, audio, music, sounds, software (other than the Platform) photographs, pictures, images, information, graphics, templates, illustrations, articles, and/or other materials accessible through the Platform
- Homenova. Homenova Inc., a corporation incorporated under the laws of Ontario, Canada and its affiliates shall be collectively referred to as “Homenova”
- Homenova Content. Any and all Content that Homenova makes available through the Platform, including any Content licensed from a third party, but excluding Member Content
- Platform. Homenova provides an online platform to be considered simply as a tool used by you to assist in the selling, buying, renting (as a tenant) or renting-out (as a landlord) of homes. The tool connects homeowners and those looking for a home and provides paid and/or unpaid goods and services which may include a search of the Combined Content, database for properties, access to listings, blogs, a marketplace, and other products and/or services which may available from time to time and in some locations. The provision of such goods and services is done through the website, http://www.homenova.com and other websites through which Homenova makes its products and/or services available. Homenova also provides content, products and/or services through mobile application(s), web application(s) database(s), computer(s), server(s), and/or web services(s). Collectively, the provision of any of the content, goods and/or services through the Homenova mobile application(s), web application(s) database(s), computer(s), server(s), and/or web services(s). described in this paragraph shall be referred to as the “Platform”.
- Member Content. Any and all Content that the User makes available, submits, uploads, posts, publishes, sends, transmits, or includes in the Users profile, listing, or communications to be made available through the Platform.
- User. You are the User of the Homenova Platform. “You”, “User” and derivations thereof will be used interchangeably throughout these Terms and Conditions. If you are interested in selling or renting-out (as a landlord, hereafter referred to as "renting out") your property, you are also considered a “homeowner” herein. If you are interested in buying or renting (as a tenant, hereafter "renter") a property, you are also considered a “home-seeker” herein.
TERMS AND CONDITIONS ARE SUBJECT TO CHANGE
- IMPORTANT! These Terms and Conditions govern your use of the Homenova Platform provided by Homenova. In order to keep the Terms and Conditions up-to-date, we may offer automatic or manual updates to the Terms and Conditions at any time, at Homenova’s discretion. When changes are made to these Terms and Conditions, we will post a new copy of the Terms and Conditions on the Platform, and will also update the “Last Updated Date” at the top of these Terms and Conditions. If we make any material changes to the Terms, and you have registered with us to create a Homenova account we will also send an-email to you at the last email address you provided to us pursuant to the Terms. These Terms and Conditions are subject to change by the Company at any time in its discretion. The User’s use of the Platform after such changes are implemented constitutes the User’s acceptance of the changes. Please consult these Terms and Conditions regularly. These Terms and Conditions were last updated: November 22, 2016.
- Any changes to the Terms and Conditions will be effective immediately for new Member, provided that any material changes shall be effective for Member upon the earlier of fifteen (15) days after posting notice of such changes on the Platform, or fifteen (15) days after the dispatch of an email notice of such changes to Members. Homenova may require you to provide consent to the updated Terms and Conditions in a specified manner before any further use of the Platform is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the Platform immediately. Otherwise your continued use of the Platform will constitute your acceptance of the modified Terms.
PLEASE CHECK THE PLATFORM REGULARLY TO VIEW THE THEN-CURRENT TERMS
UPDATES TO THE PLATFORM
- In order to keep the Platform up-to-date, we may implement automatic or manual updates to the Platform at any time and without notice to you.
- In the event that you meet, communicate to, or deal with anyone who you feel or suspect is acting or has acted inappropriately, including but not limited to anyone who:
- you suspect has stolen or steals from you, or intends to steal from you;
- you suspect is involved in any sort of fraudulent or otherwise criminal behaviour;
- engages in offensive, violent, or sexually inappropriate conduct; and/or
- engages in any other conduct which you find disturbing, offensive, or concerning
Homenova kindly asks that you immediately report such person or persons to the appropriate authorities immediately and then to Homenova with the police case number, and the contact information of the person in charge of the investigation at email@example.com; provided that your request will not obligate us to take any action beyond that required by law or have us incur any liability to you.
- The Platform is a copyright-protected work, which is owned or licensed by Homenova. All content, including the Content, text, software code, video, audio, photographs, images, information, graphics, illustrations, articles, and/or listing data is owned by Homenova, its affiliates, licensors, and/or by third parties, and is reproduced in this Platform under license. The Platform content is intended solely for the private, non-commercial use by individuals.
- Any content, including the Content, accessible through the Platform, irrespective of whether it is computer generated, uploaded by any Member, by Homenova, or by any Homenova affiliate, licensor, and/or by any other party, may not be exploited and/or used for any commercial use, other than Homenova, in whole or in part, directly or indirectly, and it is specifically forbidden except with the prior written authority of the owner of the copyright.
- Any photographs posted on the Platform and/or taken by Homenova, its employees, representatives, subcontractors, agents, and/or licensors, remain the intellectual property of Homenova and cannot be used on any other commercial application and/or website, including any real estate website.
- You may, subject to these Terms and Conditions, save and/or print web pages for exclusively limited private use. However, the contents of this Platform may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part.
- Uses such as scrapping of screens, scrapping of databases, data mining, robots, and/or any other action intended to gather, save, analyze or modify data on the pages produced by, or displayed on the Platform are strictly prohibited. Any attempt to prevent access to the Platform is strictly prohibited.
- Homenova claims ownership of the trade-mark HOMENOVA. Other trade-marks and trade-names may also be used on the Platform. The use or misuse of any trade-mark or any other Content on the Platform except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Platform shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without Homenova’s prior written permission.
- You acknowledge and agree that submission of any suggestions, ideas, comments, documents, and/or proposals to Homenova through its customer service, suggestion, feedback, wiki, forum or similar pages (“Suggestion”) is at your own risk and that Homenova is under no obligations (including without limitation obligations of confidentiality) with respect to such Suggestion. You represent and warrant that you have all rights necessary to submit the Suggestion. You hereby grant to Homenova a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive (including any moral rights), and fully sublicensable right and license to use, store, copy, reproduce, perform, display, transmit, distribute, adapt, modify, re-format, public perform, create derivative works of, derive-revenues from, and communicate to the public, your suggestion and otherwise commercially or non-commercially exploit in your Suggestion, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Homenova Platform.
- MEMBER CONTENT
- Homenova does not claim ownership of Member Content. However, when you post, publish or otherwise make available Member Content on the Homenova Platform, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive (including any moral rights), and fully sublicensable right and license to use, store, copy, reproduce, perform, display, transmit, distribute, adapt, modify, re-format, public perform, create derivative works of, derive-revenues from, and communicate to the public, perform and display Member Content (in whole or in part) worldwide and/or incorporate it in other words in any form, media, or technology now known or later developed. You hereby grant to Homenova a worldwide, irrevocable, perpetual, non-exclusive (including moral rights), transferable, royalty-free license, with the right to sublicense through multiple tiers of sublicenses, to use, copy, modify, distribute, publicly display, publicly perform, digitally transmit, and otherwise exploit such Member Content on, through, or by means of the Homenova Platform.
TAXES AND OTHER LEGAL IMPLICATIONS
- GET INDEPENDENT LEGAL ADVICE
- IF YOU ARE UNSURE OF WHAT ANY OF THE CLAUSES COVERED UNDER THESE TERMS AND CONDITIONS MEANS FOR YOU, PLEASE CONSULT WITH A LAWYER.
- NOT LEGAL ADVICE
- The Platform and Combined Content offers ideas, templates, tools, opinions and information in regards to selling or renting out a property (collectively, “Information”). This Information is provided solely for educational purposes and under no circumstances shall be construed as legal advice and/or legal opinion. The Platform is not intended to replace the use of a licensed, professional lawyer with the appropriate expertise. In case of doubt, please consult with your lawyer.
- TAXES AND OTHER LEGAL IMPLICATIONS
- Selling, renting out, renting and/or buying real estate has various implications, conditions, laws, rules, regulations, demands, and exemptions in terms of your tax rights and/or obligations (collectively, “Tax Rules). Such Tax Rules may also vary between municipalities, cities, provinces, states, or otherwise per any other jurisdiction or tax authority. Such Tax Rules are also subject to modifications by the appropriate authorities any may be changed from time to time. The Platform and Combined Content offers ideas, templates, tools, opinions and information in regards to selling, renting-out, renting or buying a property (collectively, “Information”). This Information is provided solely for educational purposes and under no circumstances shall be construed as tax advice and/or tax opinion. The Platform and the Combined Content is not intended to replace the use of a licensed, professional accountant or lawyer with the appropriate expertise. In case of doubt, you should consult with your accountant or lawyer.
- Selling, renting-out, renting and/or buying real estate may have other legal implications and/or obligations, such as those related to marital homes, land-lord/tenant obligations, or many other possible legal implications. In case of doubt, you should consult with your lawyer.
- Homenova recommends that homeowners obtain appropriate insurance for their homes. Please review any insurance policy that you may have for your home carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of prospective home-seekers (and the individuals the prospective home-seekers invites to the homeowners home, if applicable) while at the homeowner’s home.
NOT A REAL ESTATE BROKER, BROKERAGE OR AGENT
- Homenova is not a real estate broker, brokerage or a real estate agent. We are not a licensed brokerage and are not licensed by any real estate broker association. Homenova solely provides a Platform, to be used by you independently to find a home or sell or rent-out your home. We do not represent either the homeowner or home-seeker in any real estate transactions. We do not make any warranty or representation in regards to the outcome of your property sale, lease and/or purchase. Any disposition or acquisition of, or transaction in, real estate by sale, purchase, agreement for purchase and sale, exchange, option, lease, rental or otherwise and any offer or attempt to list real estate for the purpose of such a disposition, acquisition or transaction, and any act, advertisement, conduct or negotiation, directly or indirectly, in furtherance of any disposition, acquisition, transaction, offer or attempt to is done solely and directly by you.
- The trademarks MLS®, Multiple Listing Service® and the associated logos are owned by The Canadian Real Estate Association (CREA) and identify the quality of services provided by real estate professionals who are members of CREA. Homenova has agreements with progressive brokerages that can access the MLS® system databases maintained by certain real estate boards and are members of the Canadian Real Estate Association (CREA). Homenova is not a member of or affiliated with CREA. The trademarks MLS®, Multiple Listing Service® and the associated logos are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. Any reference to any of these trademarks on the Homenova Platform are done so at the request and/or permission of such licensed brokerages.
CONDUCT AND PROHIBITIONS
- TERMINATION OF ACCESS
- Homenova may, at its sole discretion, cancel, terminate, suspend, revoke, and/or limit your access to the Platform, without notice, and without liability, for any reason whatsoever, including but not limited to your breach of these Terms and Conditions.
- By using the Platform you agree that you will not do any of the following:
- Interfere with the Homenova Platform;
- Restrict or prevent any other Member from using and enjoying the Platform;
- Post or transmit any unlawful, illegal, false, fraudulent, libelous, defamatory, obscene, pornographic, profane, dangerous, hate speech, discriminatory, threatening, abusive, hateful, intimidating, racist, sexual, violent, offensive, or otherwise objectionable information of any kind, whatsoever, including any transmissions constituting or encouraging conduct that would constitute an illegal activity, criminal offense, allow for civil liability, or violate any national, state, local or foreign law, including but not limited to the Canadian and U.S. export control laws and regulations;
- Post or transmit any junk mail, surveys, unwanted information, mass messages, advertisements, chain letters, solicitations, pyramid schemes, investment opportunities or schemes or other unsolicited commercial or promotional communication (except as otherwise expressly permitted by Homenova) or engage in spamming or flooding
- Post or transmit any information or software which contains malware, virus, trojan horse, worm or other harmful component; or post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Platform for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
- Solicit another Member to sell, rent-out, rent and/or buy real estate outside of the Platform; and/or
- Post a listing that is not a private listing. For greater clarity, all listings on the Platform must be for private sale or renting-out privately, and as such, if the owner of the listing is under representation of a real estate agent, then the listing may not be posted on the Platform by the real estate agent.
- ACCOUNT RESTRICTED ACCESS
- When you use the Platform, you are responsible for maintaining the security and confidentiality of your account and password and to restrict access to your computer or other device which you use to access the Platform, and you agree to accept responsibility for all activities that occur under your account or password.
- When you use the Platform, you are responsible for maintaining the security and confidentiality of your account and password and to restrict access to your computer or other device which you use to access the Platform, and you agree to accept responsibility for all activities that occur under your account or password.
- NO REVERSE ENGINEERING
- You shall not and will not encourage, assist, help or authorize any other person to decompile, disassemble, copy, modify, reverse engineer, or otherwise tamper with, the Platform, in whole or in part, or create any derivative works from or of the Homenova Software or Content.
- SEARCH AND DESIRABILITY MANIPULATION
- You may not manipulate data in your listing to show up in more search results, ranking or relevancy using techniques such as repetitive listings, multiple listings, fraudulent features and/or other misleading information about your listing.
- You may not use multiple, fake, or fraudulent accounts to make fraudulent, phony, or deceitful offers on your property, or generate illegitimate, fake or fraudulent interest in your property. You may not direct, engage or encourage another person to issue multiple, fake, or fraudulent accounts to make fraudulent, phony, phantom, or deceitful offers on your property, or generate illegitimate, fake or fraudulent interest in your property.
- You may not use the Platform to mislead or confuse other users by pretending to be someone else or pretending to represent an organization you do not represent.
- USE OF MULTIPLE ACCOUNTS
- You may not create or use multiple accounts to evade the Homenova Terms and Conditions or bypass blocks, suspensions or otherwise subvert restrictions placed on your account.
Homenova reserves the right, at its sole discretion, to reject, refuse to post, or to remove any information or Content, in whole or in part, that is unacceptable, inappropriate, not aligned with the Homenova vision or in violation of these Terms and Conditions.
- LINKS TO THIRD PARTY WEBSITES
- The Platform may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided for convenience purposes only. Such Third Party Websites are not under the control of Homenova. Homenova does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Platform is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Homenova of any information contained in any Third Party Website. Homenova is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. In no event will Homenova be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms, conditions, and privacy policies that are different from those of Homenova. Homenova is not responsible for such provisions, and expressly disclaims any liability for them.
- LINKS FROM THIRD PARTY WEBSITE
- TThe Platform may contain links to third-party websites or resources. You acknowledge and agree that Homenova is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the products, services, or content on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Homenova of such websites or resources or the products, services or content available from such websites or resources. You acknowledge sole responsibility for and assume all risk relating to or arising from your use of any such websites or resources or the products, services, or content, on or available from such websites or resources.
- LINKS TO PLATFORM
- Users and Members may provide links to the Homenova Platform. However, Homenova reserves the right to refuse a link at its sole discretion. You agree to remove a link to the Platform at Homenova’s request immediately and without delays. /li>
- THIRD PARTY SERVICES
- In connection with your use of the Platform, you may be informed of services, products, offers and promotions provided by third parties, and not by Homenova (the “Third Party Services”). When you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You acknowledge and agree that the third party, and not Homenova, is responsible for the performance of the Third Party Services.
- USE OF THIRD PARTY SERVICES
- PERSONAL AND CONFIDENTIAL INFORMATION
- You may not distribute or transmit another person’s personal and confidential information, such as credit card numbers, confidential national ID numbers or copies, or account passwords, without his or her permission.
- You agree to indemnify, release, defend, and hold harmless Homenova, its affiliates and subsidiaries, and its officers, directors, employees, agents and licensors, including their successors and assigns, from and against all claims, liabilities, damages, demands, losses, costs and expenses, of any nature, including, without limitation, reasonable legal fees, disbursements and accounting fees, arising directly, indirectly, or otherwise in any way connected with (a) your access, use, operation or inability to access, use, or operate the Platform and/or the Combined Content; (b) your violation of these Terms and Conditions; (c) your use of publications, messages, distributions, forms, or other downloads of any kind, whatsoever; (d) Member Content; (e) your interaction with any Member; (f) your violation of any applicable legislation or regulations. You agree that you will assist, as required, in challenging any claims.
- NO MONITORING
- DISCLAIMER AND LIMITATION OF LIABILITY
- NO WARRANTY
- YOU ACKNOWLEDGE AND AGREE THAT HOMENOVA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, AVAILABILITY, CORRECTNESS, SAFETY, FUNCTIONALITY, HOMENOVA CONTENT, MEMBER CONTENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE WITH THE PLATFORM.
- HOMENOVA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HOMENOVA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PLATFORM, PRODUCTS OR SERVICES.
- HOMENOVA PLATFORM IS “AS IS” AND “AS AVAILABLE”
- YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- LIMITATION OF LIABILITY
- YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL RISKS ARISING OUT OF THE USE OF PLATFORM, CONTENT AND SERVICES, INCLUDING THIRD PARTY SERVICES, ARE BORN SOLELY BY YOU, AND IN ARE BORN IN FULL BY YOU. HOMEOVA ASSUMES NO LIABILITY FOR THE OCCURRENCE OF SUCH RISKS, INCLUDING WITHOUT LIMITATION THE RISKS THAT:
- THE PLATFORM MAY CONTAIN ERRORS, OMISSIONS, MISTAKES, MISLEADING INFORMATION AND INCORRECT LISTINGS AND INACCURATE CONTENT;
- THE COMBINED CONTENT ON THE PLATFORM MAY CONTAIN ERRORS, OMISSIONS, MISTAKES, MISLEADING INFORMATION, INCORRECT LISTINGS, AND INACCURATE CONTENT;
- THE COMBINED CONTENT ON THE PLATFORM MAY BE OUTDATED;
- THE PLATFORM AND/OR THE COMBINED CONTENT, IN PART OR IN FULL, MAY BECOME OFFLINE, INACCESSIBLE, SLOW, UNRESPONSIVE, CORRUPT, LOST, DELETED, COMPROMISED, MODIFIED, INFECTED AND/OR STOLEN;
- THE PLATFORM MAY BE COMPROMISED BY MALICIOUS VIRUSES, MALWARE, HACKS, CRACKS;
- THE PLATFORM MAY RESULT IN COMPUTER DAMAGE, SYSTEM FAILURE, AND/OR LOSS OF DATA ON THE DEVICES WHICH YOU USE TO ACCESS THE PLATFORM;
- YOU MAY NOT BE ABLE TO OPERATE THE PLATFORM AND/OR ACCESS THE COMBINED CONTENT, AND/OR DISSEMINATE YOUR CONTENT WITHOUT PROBLEMS OR SERVICE INTERRUPTIONS;
- THE PLATFORM MAY CONTAIN SOFTWARE ERRORS, BUGS, DESIGN FLAWS, AND OMISSIONS;
- YOUR INTERACTION, COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM, OR THIRD PARTY PROVIDERS, WHETHER ONLINE OR IN PERSON MAY RESULT IN A NEGATIVE OR DETRIMENTAL EXPERIENCE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, BODILY INJURY, EMOTIONAL DISTRESS, OR LOSS OF ENJOYMENT;
- YOUR USE OF THE PLATFORM, WHETHER ONLINE OR IN PERSON MAY RESULT IN A NEGATIVE OR DETRIMENTAL EXPERIENCE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, BODILY INJURY, EMOTIONAL DISTRESS OR LOSS OF ENJOYMENT;
- YOUR ACCESS TO THE COMBINED CONTENT MAY RESULT IN A NEGATIVE OR DETRIMENTAL EXPERIENCE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, BODILY INJURY, EMOTIONAL DISTRESS OR LOSS OF ENJOYMENT; AND / OR
- YOUR USE OF THE PLATFORM MAY NOT RESULT IN YOU PURCHASING A PROPERTY, YOU SELLING A PROPERTY, YOU RENTING-OUT A PROPERTY, YOU RENTING A PROPERTY OR YOU COMPLETING A REAL ESTATE TRANSACTION.
- YOU ACKNOWLEDGE AND AGREE THAT HOMENOVA DOES NOT ASSUME LIABILITY FOR ANY NEGATIVE OR DETRIMENTAL EXPERIENCE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, BODILY INJURY, EMOTIONAL DISTRESS OR LOSS OF ENJOYMENT, RELATED TO THE USE OF THE PLATFORM.
- YOU ACKNOWLEDGE AND AGREE THAT HOMENOVA DOES NOT ASSUME LIABILITY FOR ANY FAILURE TO SELL A PROPERTY, RENT-OUT A PROPERTY, PURCHASE A PROPERTY, FIND A PROPERTY, RENT A PROPERTY AND/OR COMPLETE THE SALE OF A PROPERTY USING THE PLATFORM.
- YOU ACKNOWLEDGE AND AGREE THAT HOMENOVA WILL NOT PROVIDE TO YOU THE COST OF SUBSTITUTE PRODUCTS TO THE PLATFORM OR ANY OTHER PRODUCTS YOU HAVE PURCHASED FROM HOMENOVA UNDER ANY CIRCUMSTANCES, EXCEPT AS LISTED IN THIS AGREEMENT PER THE ORDERING PRODUCTS SECTION.
- YOU ACKNOWLEDGE AND AGREE THAT HOMENOVA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR PRODUCT REQUESTED IN CONNECTION THEREWITH FROM A THIRD PARTY PROVIDER, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- YOU ACKNOWLEDGE AND AGREE THAT HOMENOVA, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS, INCLUDING THEIR SUCCESSORS AND ASSIGNS, DISCLAIM ANY LIABILITY FOR THE ACTS, OMISSIONS, CONDUCT OR INABILITY TO USE OF ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES OFFERED THROUGH THE HOMENOVA PLATFORM AND SHALL UNDER NO CIRCUMSTANCE BE LIABLE FOR ANY HARM, DEMANDS, LOSSES, COSTS AND EXPENSES OF ANY NATURE, REASONABLE LEGAL FEES, DISBURSEMENTS AND ACCOUNTING FEES, OR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATIONS DIRECT DAMAGES, INDIRECT DAMAGES, FORTUITOUS DAMAGES, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT ANY LEGAL CLAIMS OR CIVIL CLAIMS YOU HAVE AGAINST THIRD PARTY PROVIDERS WILL BE MADE DIRECTLY AND EXCLUSIVELY WITH THE THIRD PARTY PROVIDERS.
- YOU ACKNOWLEDGE AND AGREE THAT HOMENOVA, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS, INCLUDING THEIR SUCCESSORS AND ASSIGNS, DISCLAIM ANY LIABILITY FOR ANY OUTCOME OF YOUR INTERACTION, COMMUNICATION, MEETING OR EXPOSURE TO WITH ANY OTHER USER OF THE PLAFORM, IN PERSON OR THROUGH THE HOMENOVA PLATFORM AND SHALL UNDER NO CIRCUMSTANCE BE LIABLE FOR ANY HARM, DEMANDS, LOSSES, COSTS AND EXPENSES OF ANY NATURE, REASONABLE LEGAL FEES, DISBURSEMENTS AND ACCOUNTING FEES, OR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATIONS DIRECT DAMAGES, INDIRECT DAMAGES, FORTUITOUS DAMAGES, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT ANY LEGAL CLAIMS OR CIVIL CLAIMS YOU HAVE AGAINST OTHER USERS OF THE PLATFORM WILL BE MADE DIRECTLY AND EXCLUSIVELY WITH THE OTHER USERS.
- NO ALTERATION OF APPLICABLE LAW
- THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
- NO BACKGROUND CHECKS
- IF YOU CHOOSE TO USE THE PLATFORM, PRODUCTS, OR THIRD PARTY SERVICES YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT HOMENOVA DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND, CRIMINAL OR REGISTERED SEX OFFENDER CHECKS ON ANY USER OR THIRD PARTY PROVIDER, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETIO
- YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR THIRD PARTY SERVICE PROVIDERS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OTHER USERS. YOU UNDERSTAND THAT HOMENOVA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR THIRD PARTY SERVICE PROVIDERS OR TO REVIEW OR VISIT ANY HOMES. HOMENOVA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM, OR THIRD PARTY SERVICES PROVIDERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND THIRD PARTY SERVICE PROVIDERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY HOMENOVA. NOTWITHSTANDING HOMENOVA’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE USERS OR THIRD PARTY PROVIDERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM USERS ON BEHALF OF THE USERS, ANY SCHEDULING TOOL TO SCHEDULE HOME VISITS, AND THE USE OF A RENTAL LOCKBOX TO SECURE A KEY FOR PROPERTY ACCESS, HOMENOVA EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER, THIRD PARTY SERVICE PROVIDER, OR OTHER THIRD PARTY.
- NO WARRANTY CREATED
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HOMENOVA OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- AGGREGATE LIABILITY
- YOU ACKNOWLEDGE AND AGREE THAT NOTWITHSTANDING ANY OTHER CLAUSE IN THESE TERMS, HOMENOVA’S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY OF THESE TERMS AND CONDITIONS, IN CONNECTION WITH YOUR ABILITY OR INABILITY TO USE THE PLATFORM, AND/OR IN RELATION TO ANY RISKS OF USING THE PLATFORM, INCLUDING THE ONES NOTED IN THIS SECTION “LIMITATION OF LIABILITY”, SHALL BE LIMITED TO THE AMOUNTS YOU PAID TO HOMENOVA IN THE TWELVE (12) MONTHS PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED CANADIAN DOLLARS (CAD 100), IF NOTHING WAS PURCHASED FROM HOMENOVA, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE A MATERIAL PART THESE TERMS, AND A BASIS FOR YOUR INTERACTIONS WITH HOMENOVA AND ITS PLATFORM.
- LIABILITY FOR SALES CONTRACTS
- WITH RESPECT TO SALES CONTRACTS (AS DISCUSSED BELOW), EXCEPT FOR FRAUD OR FRAUDULENT MISREPRESENTATION AND TO THE EXTENT PERMITTED BY LAW, HOMENOVA WILL ONLY BE LIABLE FOR ANY LOSS OR DAMAGE WHICH IS A REASONABLE FORESEEABLE CONSEQUENCE OF A BREACH OF THE SALES CONTRACT. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND HOMENOVA AT THE TIME THAT THE SALES CONTRACT WAS ENTERED INTO. HOMENOVA IS NOT RESPONSIBLE FOR LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHICH IS NOT FORESEEABLE BY YOU AND US (SUCH AS LOSS OF PROFITS OR LOSS OF OPPORTUNITY OR MISUSE OF ANY ITEM RESULTING IN DAMAGE OR THEFT).
- ORDERING PRODUCTS FROM THE PLATFORM
- The steps required to create a legally binding contract of sale (“Sales Contract”) between you and Homenova are as follows:
- You place an order on the Platform by selecting the products or services you would like to purchase, entering the quantity, and completing the online checkout process whereby you will provide your name (and shipping address and billing address and valid credit card for purchase, along with other required details per the checkout form(s). Other payment methods may be available.
- When your order is placed with us at the end of the online checkout process (e.g. when you click on the ‘order’ button), we will email you to acknowledge that we have received your order. This order acknowledgement does not, however, mean that your order has been accepted by us.
- We may send you an email to say that we do not accept your order. This is typically for the following reasons:
- the products are not available;
- we cannot obtain authorization of your payment;
- you are not permitted to purchase the products;
- there has been an error by us on the pricing or description of the products; or
- the service is unavailable for the requested date and time, or location;
- We will only accept your order, or part of your order, when we send you an email that confirms this (Confirmation email). At this point, a legally binding Sales Contract will be in place between you and us and at this point we will dispatch the products to you. If you have ordered a service, following a confirmation email, the service will be made available or performed at the scheduled time.
- When placing an order on the Platform, you should take care to ensure that all of the information that you provide to us is correct although we appreciate that from time to time errors might be made. Therefore, please ensure that you take enough time to read and check your order before submitting it to us. If you need to correct any errors you can do so before submitting it to us.
- If you are under the age of 18 you may not purchase any products or services from the Platform.
- Homenova may offer products for rent. The terms of the Sales Contract herein govern rental agreements. Should you seek to rent a product, you will be required to pay for the product as described above. An initial deposit may also be required. You will receive the product in the same way you will receive the product if you had purchased it. You will be required to return the product to homenova in the sameaccording to the specified date and by the specified method in the same condition at which you received it. If you do not comply, your deposit will not be refunded.
- Homenova will specifically state if an item is a product or service. Unless otherwise stated, products include containers, lock boxes, and other non-personalized goods. Services include brochures, advertisements, and services from third party vendors, such as photographers, appraisers, professional home stagers, etc. Should you have any uncertainty as to whether an offering is considered a product or service, you must inquire with Homenova. Failure to inquire will result in Homenova determining if an offering is a product or service.
- NATURE OF THE PRODUCTS AND FAULTY PRODUCTS
- The law gives you certain legal rights if any of our products are faulty. You have rights relating to refunds and to have such products repaired or replaced if realistically possible. Nothing in these Terms affects these legal rights. If you want us to repair or replace the products or want a refund please email us at firstname.lastname@example.org as soon as reasonably possible. In the event that a call is required and we provide to you a phone number to reach us, please note that all calls may be recorded for quality and training purposes.
- The packaging of the products may vary from that shown on the Platform.
- If we experience difficulties in supplying certain products we may need to substitute them with alternative products of equal or better standard and value. We will try to email to let you know if we intend to do this but this may not always be possible. You may refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open.
- Homenova will make every effort to ensure that the quality of the products and services provided by third party providers is acceptable. However, if you purchase products or services which are supplied by a third party provider, such as photography services, appraisal, etc. and you have a dispute concerning the price or quality of the services, only that service provider may provide you with a refund.
- To return any items to Homenova please, follow these steps:
- Request a Return Products Authorisation Number (RGA). Contact our service team to obtain your RPA. When requesting your RPA, provide your order reference number and which items you wish to return. Returns cannot be processed without a RPA. To get your RPA, please contact us at email@example.com
- Return items. Send the items you wish to return to Homenova following the instructions you would have received from us, including your unique RGA. Wrap items securely in the same or similar packaging in which you received them. The item is your responsibility until it reaches us. We recommend you return your package by Recorded Delivery or using a delivery service that insures you for the value of the products as Homenova is not liable for lost and/or damaged returned parcels. We are not liable for the cost of returning any products. The Retail Service Team will issue you with instructions on how to complete the return and will request that you print out a RGA document that must accompany your products. This is to ensure swift processing during the return Process.
- Refund. We will process your return as quickly as possible and will notify you by email once your refund has been processed. Your refund will be made by the original or agreed payment method, no later than 14 working days after we have received the products.
- Please note that delivery charges are not refunded. If your order value after returning your items no longer qualify for free shipping, delivery charges will be deducted from your refund. If you used a discount voucher and your order no longer qualifies, the voucher value will be deducted from your refund. If you received a free gift and your order no longer qualifies, the free gift must be returned or its value will be deducted from your refund.
- e.Homenova reserves the right to monitor customer cancellations or returns, and charge administration fees, payment processing fees and refuse returns if a customer is repeatedly found to be buying and returning products. Each return is assessed on an individual basis taking the customer history into consideration.
- In order to ensure timely delivery and service, we encourage our providers to provide services as fast as possible. Certain services, such as lockbox rentals (which involve PIN customization for your security) and brochures printing (specifically for your property) will be customized for you. We will allow for a period of 4 hours for you to contact us and cancel your order. After the 4 hours window, your order will become non-refundable.
- Please note that Homenova will not refund services provided by third party providers if not cancelled 48 hours prior to appointment. Should you cancel beyond this timeframe and request a refund, you must do so to the third party provider.
- Homenova will also not provide refund services in the event that you have failed to reasonably cooperate with the third party provider. Failing to cooperate may include reasonable situations such as (but not limited to):
- Failing to stage or clean your property prior to a photographer showing up.
- Restricting access to certain areas of the property in the event of an appraisal or an inspection.
- Failing to provide access to the property on the scheduled time.
- The estimated date for delivery of the products will be set out in the Confirmation email. If the products are in stock, shipping is estimated to occur within 2-5 business days. If something happens which is outside of our control and which affects the estimated date of delivery, we will let you have a revised estimated date for delivery of the products. Unless you and Homenova agree otherwise, if we cannot deliver your products within 30 days of the Confirmation email, we will email you to let you know, will cancel your order and provide you with a refund.
- Delivery of the products will take place when we deliver them to the address that you gave to us. We use a reliable third party provider to deliver our products; if nobody is available to take delivery of the products, please email or at firstname.lastname@example.org. In the event we provide to you a phone number, please note that all calls may be recorded for quality and training purposes. You will be responsible for the products when delivery has taken place (including ensuring that you follow any instructions or manuals provided with the products) and you will own the products when we receive payment in full for them and any respective delivery charges. Please note that we do not make deliveries to any addresses outside of Canada.
- We have a range of delivery options and timescales and charges will vary depending on the delivery option selected. Any delivery timescales are indicative only and do not constitute binding obligations on us. Please note that we do not dispatch and deliver on Saturdays, Sundays or holidays.
- Services will be considered delivered when you receive the result of requested service outcome (for example: pictures, report, rental item).
- Some products and/or services may be provided to you in an electronic format. Such products and/or services will be considered delivered when you can access them through the Platform.
- You may pay for the products by using the following credit cards: Visa and MasterCard. You may also pay using Paypal.
- We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the products is secure by using an encrypted secure payment mechanism but in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorized access to any information that you provide to us.
- Your credit card or Paypal account will only be charged when the products are dispatched.
- All payments by credit card or Paypal need to be authorized by the relevant card issuer. If your payment is not received by us and you have already received the products that you ordered from us, you must pay for such products within 14 days or must return them to us as soon as possible. You must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals provided with the products) and not use them before you return them to us. If you do not pay for the products or return them to us in accordance with this clause we may collect the products from you at your expense. We will email to let you know if we intend to do this.
- Nothing in this clause affects your legal rights to cancel the Sales Contract during 14 day after our order-confirmation email.
- The price of the products:
- includes HST, PST, GST and/or QST at the applicable rate;
- does not include the cost of delivering the products unless specified otherwise. You will be offered a selection of shipping price options; and
- is quoted in Canadian dollars ($).
- TERMINATION OF A SALES CONTRACT
- If the Sales Contract is terminated it will not affect our right to receive any money which you owe us under the Sales Contract.
- GOVERNING LAW
- The use of the Platform and these Terms and Conditions is exclusively governed by and is to be exclusively construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and treated in all respects as an Ontario contract, without regard to principles of conflicts of law.
- DISPUTE RESOLUTION
- You and Homenova agree that any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including without limitation the formation, interpretation, breach, termination, enforcement, or validity thereof, or pertaining to the use of Platform shall, unless amicably settled between You and Homenova, be settled by binding arbitration to be conducted in accordance to the laws of the province of Ontario, except specifically that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's trademarks, trade secrets, copyrights or intellectual property rights. You acknowledge and agree that you and Homenova are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Furthemore, unless agreed by you and Homenova in writing, an arbitrator may not consolidate more than one person's disputes, claims, and controversies, and may not otherwise preside over any form of any class or representative proceeding. In the event that a court of competent jurisdiction finds this clause unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms and Conditions. This clause supersedes the No Waiver clause contained elsewhere in these Terms and Conditions. You and Homenova agree to the arbitration process outline hereafter:
Arbitration NoticeYou must direct a written notice of arbitration (“Arbitration Notice”) to the following address and addressee: 9225 Leslie Street, Unit #7, Richmond Hill, Ontario, Canada L4B3H6 Attention: Homenova Legal Department.
Selection of ArbitratorYou and Homenova will take all the necessary steps to ensure that the arbitration is heard and determined by a single, neutral, unbiased and experienced arbitrator. The arbitrator shall be selected in the following manner:
- You may select any retired judge in Ontario, whom has served as a judge of the Ontario Superior Court of Justice, Ontario Court of Appeal, or Supreme Court of Canada, to act as the suggested arbitrator and in your Notice to Homenova, you will set out the name (and credentials, if available) of the suggested arbitrator. Homenova will agree to your selection, provided that the arbitrator is prepared to act, and there is no conflict of interest, or bias, in Homenova’s sole opinion, acting reasonably;
- Homenova shall maintain a list of qualified arbitrators, and will provide the list to you within 15 days of receipt of your Arbitration Notice. Should you select any arbitrator from the list of qualified arbitrators, who is available and prepared to act, Homenova shall agree to any such arbitrator.
- If a dispute arises over the selection of an arbitrator, and is not resolved within 30 days from Homenova’s receipt of the Arbitration Notice, either you or Homenova may bring an Application forth to the Ontario Superior Court of Justice requesting the court appoint an arbitrator. The court must appoint an arbitrator who is either a retired judge of the Ontario Superior Court of Justice, Ontario Court of Appeal or Supreme Court of Canada, or appoint a lawyer with at least 10 years experience and a record of at least 10 years as a member with good standing of the Law Society of Upper Canada.
Place of ArbitrationUnless you and Homenova otherwise agree, the arbitration will take place in the Ontario municipality in which you reside. If you reside outside Ontario and you and Homenova are unable to agree to a place of arbitration, the arbitration shall take place in Toronto, Ontario.
Procedure of Arbitration
- For claims valued under $100,000, the arbitration shall consist of the following simplified procedure (“Simplified Process”):
- Pleadings (Notice of Claim; Statement of Defence within 30 days of Notice of Claim; Reply to be submitted within 30 days of submission of Statement of Defence); a case management conference (which may be held by telephone conference at the election of either party); and exchange of documents on which the parties will rely; and an arbitration hearing.
- If the arbitrator finds it necessary to establish further procedures, they shall be consistent with the Small Claims Rules of Ontario.
- At no time shall oral discoveries be permitted as part of the Simplified Process.
Arbitrator JudgementThe arbitrator will render a judgment within a reasonable time frame under the Ontario Arbitration Legislation. The judgment will include the important findings and conclusion on which the judgment is based. Enforcement of the arbitration award may be filed in any court of competent jurisdiction.
Your RepresentationYou may elect any person to represent you in the arbitration.
Costs of ArbitrationFor claims under $100,000, Homenova shall pay all costs, fees or expenses of the arbitrator, as well as all costs or expenses associated with the use of any facilities required for the actual arbitration session. The only exception to this paragraph is if the arbitrator determines that that you have acted unreasonably, frivolously, improperly or in bad faith in proceeding with the arbitration, at which point the arbitrator may award costs against you, including costs of the arbitration and legal costs.
Award of Costs
- The arbitrator shall have discretion to award legal costs and damages against Homenova if you are successful in the arbitration. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section in these Terms and Conditions as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in your favour, and only to the extent necessary to provide relief warranted by your individual claim.
- To the extent provided under the applicable law, Homenova will not seek, and hereby waives all rights it may have under applicable law to recover legal fees and expenses if it prevails in arbitration. The only exception to this paragraph is if the arbitrator determines that that you have acted unreasonably, frivolously, improperly or in bad faith in proceeding with the arbitration, at which point the arbitrator may award costs against you.
- Any costs awarded shall not exceed the amount of costs that could reasonably be awarded in court proceedings, in the jurisdiction in which the arbitration is conducted.
Appeal RightsThe parties shall have rights of appeal provided for in the applicable arbitration legislation in the jurisdiction in which the arbitration is conducted.
ModificationsHomenova may modify this arbitration process at any point by modifying these Terms and Conditions and posting them to the Platform. In the event that you disagree with these new terms, you may reject such change by sending an email to Homenova at email@example.com with your request within 30 days of such modification. By sending us such notice, the Terms and Conditions effective for you will be the latest ones to which you have not contested within 30 days, as dated by the “last updated” section on the top of these Terms and Conditions. In the event that there were no modifications since you have registered, and you reject the latest changes, then the Terms and Conditions effective as of the date of your registration shall apply.
- ENTIRE AGREEMENT
- These Terms and Conditions constitutes the entire and exclusive agreement and understanding between you and Homenova pertaining to the Platform, and supersedes all prior, contemporaneous and post-use agreements, understandings, negotiations and discussions, whether oral or written, between you and Homenova.
- Homenova reserves the right to assign or transfer, at its option, these Terms and Conditions, without restriction. The User may not assign or transfer these Terms or Conditions, by operation of law or otherwise, to any other party, without the express prior written approval of Homenova. Any act in derogation of the foregoing shall be null and void.
- All notices, consents, and other communications hereunder including those regarding modifications to these Terms and Conditions, will be in writing and provided by Homenova:
- By email (to your registered email address); or
- By posting on the Platform. For notices sent by email the date of receipt will be deemed the date at which the email was transmitted to the recipient.
- If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable in whole or in part, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible.
- NO WAIVER
- No delay or failure by Homenova in exercising any right or provision of these Terms shall be deemed to constitute a waiver of such right, provision or any other rights hereunder. No waiver is effective unless made in writing and signed by an authorized representative of Homenova and explicitly waiving the right(s), and no wavier of a breach of any express or implied term of these Terms and Conditions shall be deemed to constitute a waiver of any other breach.
- CONTACTING HOMENOVA
- Please send us any questions in regards to these terms and conditions to firstname.lastname@example.org
- FORCE MAJEURE
- Homenova shall not be liable for any failure to perform or delay in the performance of any obligation under this Agreement caused by circumstances beyond its reasonable control including acts of God, epidemics, political unrest, fire, floods, accidents, strikes, labour difficulties, war, terrorism, riots, embargos, acts of governments, acts of civil or military authorities, shortages of transportation facilities, fuel, energy, labour or materials.
- CONTRA PROFERENTEM
- Should any provision of these Terms and Conditions require judicial interpretation, mediation or arbitration, it is agreed that the rules of contra proferentem shall not apply.
- These Terms and Conditions shall be interpreted is in the English language, which language shall be controlling in all respects, and in the event of a conflict with any version hereof in any other language the Terms and Conditions in English shall govern and rule.
- ASSIGNMENT & NOVATION
- At its sole discretion, Homenova may novate or assign these Terms and Conditions to any of its affiliates. However, you may not assign these terms to any person. Any act in derogation of the foregoing will be null and void, and the User who performs such an act shall remain obligated under these Terms and Conditions.
- ELECTRONIC COMMUNICATIONS
- When you use the Platform, or send e-mails, text messages, and other communications from any device to Homenova, you are communicating with Homenova in an electronic format. You consent to receive communications from Homenova in an electronic format as well. Homenova will communicate with you electronically in a variety of ways, such as by e-mail, text, notifications, messages, push notices, or by posting notices and messages on the Homenova Platform. You agree that all agreements, notifications, texts, information, notices, messages, disclosures, and other communications that Homenova provides to you in an electronic format satisfy any legal requirement that such communications be in writing.
- EXPORT CONTROL
- Homenova, its Platform, or its technologies may not be downloaded or exported or re-exported as follows: (a) into (or to a resident or national of) Myanmar (Burma), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to Canadian or United States of America (“US”) embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List or any Canadian equivalent list(s); and (c) to any prohibited country, person, end-user, or entity specified by US and Canadian Export Laws; (d) to any country which is deemed restricted as per Canada’s or the US export restricted lists. When using the Homenova Platform, you are responsible for complying with trade regulations and both foreign and domestic laws (in the event that you are not located in a country that is subject to a US or Canadian Government embargo, or that has been designated by the US or Canadian Government as a "terrorist supporting" country, and you are not listed on any US or Canadian Government list of prohibited or restricted parties).
- The titles and headings of the various sections and paragraphs in this Agreement are intended solely for ease of reference and are not intended for any other purpose.