[et_pb_section fb_built=”1″ custom_padding_last_edited=”on|phone” _builder_version=”4.20.2″ _module_preset=”default” custom_margin=”|0px||0px|false|false” custom_margin_tablet=”|0px||0px|false|false” custom_margin_phone=”-10px|0px||0px|false|false” custom_margin_last_edited=”on|phone” custom_padding=”7px||||false|false” custom_padding_tablet=”7px||||false|false” custom_padding_phone=”7px||||false|false” da_disable_devices=”off|off|off” locked=”off” global_colors_info=”{}” da_is_popup=”off” da_exit_intent=”off” da_has_close=”on” da_alt_close=”off” da_dark_close=”off” da_not_modal=”on” da_is_singular=”off” da_with_loader=”off” da_has_shadow=”on”][et_pb_row _builder_version=”4.20.2″ _module_preset=”default” width=”100%” max_width=”80%” max_width_tablet=”80%” max_width_phone=”90%” max_width_last_edited=”on|phone” module_alignment=”center” custom_margin=”|0px||113px|false|false” custom_margin_last_edited=”off|desktop” custom_padding=”0px|||2px||” locked=”off” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.20.2″ _module_preset=”default” global_colors_info=”{}”][et_pb_text _builder_version=”4.20.2″ _module_preset=”default” header_font_size=”29px” header_line_height=”1.3em” custom_margin=”40px||0px||false|false” header_font_size_tablet=”29px” header_font_size_phone=”17px” header_font_size_last_edited=”on|phone” header_letter_spacing_tablet=”” header_letter_spacing_phone=”” header_letter_spacing_last_edited=”on|phone” header_line_height_tablet=”1.3em” header_line_height_phone=”1.3em” header_line_height_last_edited=”on|phone” global_colors_info=”{}”]<\/p>\n
[\/et_pb_text][et_pb_text _builder_version=”4.20.2″ _module_preset=”default” text_font_size=”14px” custom_padding=”||0px|||” global_colors_info=”{}”]<\/p>\n
TERMS OF SERVICE<\/strong><\/span><\/p>\n Last updated: July 12<\/span>, 2023<\/span><\/span><\/p>\n \u00a0<\/span>\u00a0<\/span><\/p>\n These Terms of Service (as may be amended by Wahi from time to time) (these \u201c<\/span>Terms<\/b>\u201d) are entered into between Wahi Ontario Inc. (\u201c<\/span>Wahi<\/b>\u201d, \u201c<\/span>we<\/b>\u201d, \u201c<\/span>us<\/b>\u201d, \u201c<\/span>our<\/b>\u201d) and you or the company or legal entity that you represent (as the case may be, \u201c<\/span>Partner Realtor<\/b>\u201d, \u201c<\/span>you<\/b>\u201d and \u201c<\/span>your<\/b>\u201d), and together with:\u00a0<\/span><\/span><\/p>\n \u00a0<\/span><\/p>\n Please read these Terms carefully, as these Terms govern your access to or use of the Website or Services, and expressly set out your rights and obligations, and our disclaimers and limitations of legal liability, relating to such access or use.\u00a0<\/span><\/p>\n <\/span><\/p>\n <\/p>\n <\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.20.2″ _module_preset=”default” text_font_size=”14px” custom_padding=”||0px|||” global_colors_info=”{}”]<\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.20.2″ _module_preset=”default” text_font_size=”14px” custom_padding=”||0px|||” global_colors_info=”{}”]<\/p>\n (i) that we may contact you via voice call, text message and\/or email in relation to the Services; [\/et_pb_text][et_pb_text _builder_version=”4.20.2″ _module_preset=”default” text_font_size=”14px” custom_padding=”||0px|||” global_colors_info=”{}”]<\/p>\n 2. Relationships<\/b><\/p>\n You and Wahi mutually agree that each of you and Wahi are independent contractors in the performance of each and every part of these Terms. Nothing in these Terms is intended to create or will be construed as creating an employer-employee relationship or any partnership, agency, joint venture, franchise, employment or fiduciary relationship between the parties. Neither party will have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or otherwise bind the other party except as specifically provided herein.<\/span><\/p>\n <\/span><\/p>\n \u00a0<\/span><\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.20.2″ _module_preset=”default” text_font_size=”14px” custom_padding=”||0px|||” global_colors_info=”{}”]<\/p>\n 3. Obligations,<\/strong> Use of the Service.<\/b>\u00a0<\/span><\/p>\n \u00a0At all times during which you maintain an active Account or otherwise access or use any of the Services, you agree to:<\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.20.2″ _module_preset=”default” text_font_size=”14px” custom_padding=”||0px|||” global_colors_info=”{}”]<\/p>\n (i)\u00a0maintain your real estate<\/a> license in good standing, in compliance with all applicable real estate laws, including in respect of any required disclosures, documentation and anti-discrimination requirements, and all other applicable professional obligations and responsibilities; <\/span><\/p>\n (ii)\u00a0notify Wahi immediately if your real estate license is terminated or suspended, or, where applicable and in respect of any of your applicable employees or agents who have an active Account, is transferred from your brokerage; <\/span><\/p>\n (iii)\u00a0use the Services in compliance with any and all applicable laws and regulations, and to not use the Services for any illegal purpose, or in violation of any applicable laws and, where applicable, any applicable MLS\u00ae rules and regulations; <\/span><\/p>\n <\/span><\/p>\n (iv)\u00a0use all affiliated real estate board forms, and to offer construction and perform pre-closing activities to the extent required under applicable real estate laws and regulations; <\/span><\/p>\n (v)\u00a0not use, or encourage any other person to use, the Website or Services in a manner that violates infringe upon, misappropriate or otherwise violate the rights of Wahi or any third parties, including any intellectual property rights for which you do not have the requisite authorizations, permits or licenses to use; <\/span><\/p>\n (vi)\u00a0not remove, obscure, or alter any proprietary rights or attribution notices in any content, including any legal notices displayed on, in, or in connection with the Website or Services; <\/span><\/p>\n (vii)\u00a0not post, upload, or distribute any content to the Website or through your use of the Services that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate; <\/span><\/p>\n (viii)\u00a0not interfere in any way with any security-related features or safeguards protecting any portions of the Website or Services, or otherwise access any content or data that is not intended for you; <\/span><\/p>\n (ix)\u00a0not interfere with the operation or any other user\u2019s enjoyment of the Services, including by uploading or otherwise disseminating any viruses, adware, spyware, worms, or other malicious code to any portions of the Website, making unsolicited offers or advertisements to other users without their consent or in a manner that otherwise violates any applicable laws (including Canadian anti-spam laws), or attempting to collect personal information about users or third parties without their consent; <\/span><\/p>\n (x)\u00a0not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works of, or in any way exploit any underlying software or services that make up or are otherwise used for the Website or the Services, other than as expressly authorized herein; <\/span><\/p>\n (xi)\u00a0not access, monitor or copy any content or information of the Website or otherwise produced by the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without Wahi\u2019s express prior written permission; <\/span><\/p>\n <\/span><\/p>\n (xii)\u00a0not sell, sublicense, share or otherwise transfer your Account or any of your access rights granted under these Terms; <\/span><\/p>\n (xiii)\u00a0not reproduce, duplicate, copy, sell or otherwise exploit for any commercial purposes any portions of the Website or the Services, without the express written consent of Wahi; <\/span><\/p>\n (xiv)\u00a0ensure, where applicable, and where any of your agents or employees are licensed to provide real estate services and have an active Account, that such agents and employees comply with the applicable obligations under these Terms; and <\/span><\/p>\n (xv)\u00a0to the extent you provide real estate services through the use of any Services, maintain records, including a record of all communications and correspondence with any client, customer or prospective client or customer, and, upon Wahi\u2019s reasonable written request, provide such records to Wahi where required for Wahi to comply with applicable law and any orders of any governmental or regulatory authority, or any court, tribunal or arbitrator of a competent jurisdiction, including, for illustrative purposes only, the Real Estate Council of Ontario (RECO). \u00a0<\/span><\/p>\n <\/span><\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.20.2″ _module_preset=”default” text_font_size=”14px” custom_padding=”||0px|||” global_colors_info=”{}”]<\/p>\n 4. Wahi Rights in Respect of Feedback and Data<\/b>. <\/span><\/p>\n To the extent that you provide or, where applicable, any of your employees or agents provide, any feedback, comments or suggestions in respect of the performance, functionality, operation, or enhancements in respect of the Services (collectively, \u201c<\/span>Feedback<\/b>\u201d), you agree that Wahi will be the sole and exclusive owner of all rights, title and interests in and to any Feedback that is disclosed to it pursuant to these Terms, and you hereby assign any and all rights, title or interests that you may have in or to such Feedback to Wahi. Notwithstanding the foregoing, to the extent that any such Feedback is not assignable or otherwise transferable to Wahi, you hereby grant to Wahi a non-exclusive, perpetual, irrevocable, fully paid-up, royalty-free license to use such Feedback, for any purposes whatsoever.<\/span>\u00a0<\/span><\/p>\n <\/p>\n <\/p>\n 5. Third Party Content and Services.<\/b><\/p>\n The Website may contain links to third party websites. Wahi provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Wahi has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and will not be responsible or liable for the legality, accuracy, or appropriateness of any such third party content. Additionally, certain third party products, tools, or other types of services may be made available via the Services. To the extent any such third party products, tools or services are made available, you acknowledge that your use thereof may be subject to the applicable terms and conditions.<\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.20.2″ _module_preset=”default” text_font_size=”14px” custom_padding=”||0px|||” global_colors_info=”{}”]<\/p>\n 6. Complaints Procedures<\/b>.<\/span>\u00a0 <\/span><\/p>\n <\/span><\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.20.2″ _module_preset=”default” text_font_size=”14px” custom_padding=”||0px|||” global_colors_info=”{}”]<\/p>\n 7. Intellectual Property <\/span><\/p>\n <\/span><\/p>\n <\/span><\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.20.2″ _module_preset=”default” text_font_size=”14px” custom_padding=”||0px|||” global_colors_info=”{}”]<\/p>\n <\/p>\n 8. Protection of Confidential Information.<\/b> <\/span><\/p>\n Each party hereunder agrees not to disclose the other party’s Confidential Information and to protect its confidentiality using at least the same degree of care that party uses to protect its own Confidential Information, which shall under no circumstances be less than a reasonable degree of care, including not disclosing it to a third party unless there is a “need to know,” a “right to know,” and a written obligation by the third party to maintain its confidentiality. “Confidential Information” shall mean any information, written or oral, that relates to either party’s business, products, processes, or services that is designated as confidential or proprietary or that a reasonable party would understand to be confidential or proprietary, but excludes any information:<\/span><\/p>\n \u00a0<\/span><\/p>\n (i) that was already known to the receiving party; <\/span><\/p>\n (ii) obtained from public or published information; <\/span><\/p>\n (iii) received from a third party not known to be employed or affiliated with the disclosing party; and <\/span><\/p>\n (iv) which is or becomes known to the public other than through a breach of these Terms. For greater certainty, any portions of the Website, the Services, and any technical documentation related to the Services, that are not made generally available to the public shall be deemed to be the Confidential Information of Wahi. The obligation for each party to protect the other party\u2019s Confidential Information shall survive the expiration or termination of these Terms\u00a0and your termination of your Account or any Services or Supplemental Terms.<\/span><\/p>\n \u00a0<\/p>\n <\/span><\/p>\n <\/p>\n 9. Indemnification.<\/b>\u00a0<\/span><\/p>\n You agree that you will be solely responsible for your use of the Services, and any and all real estate services you provide to your clients or customers through the use of the Services. Accordingly, you agree to defend, indemnify, and hold harmless Wahi from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees and costs), arising out of or in any way connected with: <\/span><\/p>\n <\/span><\/p>\n \u00a0<\/span><\/p>\n (i) your access to, use of, or alleged use of your Account or the Services; <\/span><\/p>\n (ii) your violation of these Terms or any applicable law or regulation; <\/span><\/p>\n (iii) your violation of any professional standards, rules or regulations; <\/span><\/p>\n (iv) your violation of any third party right, including any publicity, confidentiality, property, or privacy right, or any infringement or misappropriation of any third party\u2019s intellectual property rights; or <\/span><\/p>\n (v) any disputes or issues between you and any third party. Wahi reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.<\/span><\/p>\n \n [\/et_pb_text][et_pb_text _builder_version=”4.20.2″ _module_preset=”default” text_font_size=”14px” custom_padding=”||0px|||” global_colors_info=”{}”]<\/p>\n <\/p>\n 10. Term and Termination.<\/strong><\/p>\n If you violate any provision of these Terms, your rights to use the Website, your Account, and the Services will automatically and immediately terminate. To the extent you have registered an Account or have entered into any Supplemental Terms, you may terminate your Account or any such Supplemental Terms upon providing written request to us in respect of any such termination and completing any instructions we may provide to you in our response. If your Account terminates or your rights to use any Services terminates, any information or content previously provided by you to the Website or through your use of the Services will no longer be accessible through your Account. <\/span><\/p>\n <\/p>\n <\/p>\n 11. Non-Solicitation. <\/strong><\/p>\n <\/strong><\/p>\n <\/p>\n (i) solicit the business or patronage of any Wahi client or customer for itself or for any other person or entity in competition with the Services; <\/span><\/p>\n (ii) divert, entice, or otherwise take away from Wahi the business or patronage of any client or customer of Wahi, or attempt to do so; or <\/span><\/p>\n (iii) solicit or induce any customer or client of Wahi to terminate or reduce its relationship with Wahi.<\/span><\/p>\n \n <\/p>\n <\/p>\n 12. Disclaimers of Warranties.<\/strong><\/p>\n \u00a0The Website and the Services are provided on an \u201cas is\u201d and \u201cas available\u201d basis, without warranty or condition of any kind, either express or implied. Although Wahi seeks to maintain safe, secure, accurate, and well-functioning Services, we cannot guarantee the continuous operation of or access to the Services, and the Services may at times sustain inadvertent technical or factual errors or inaccuracies. In respect of the Website and Services, Wahi specifically (but without limitation) disclaims:<\/p>\n (i) any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment, or non-infringement; and<\/p>\n (ii) any warranties arising out of course-of-dealing, usage, or trade. You agree that you assume all risk for, and hereby waive and release Wahi from any\/all damages that may result from your use of or access to the Website or Services.<\/p>\n <\/p>\n <\/p>\n 13. Limitation of Liability.<\/strong><\/p>\n To the extent permitted under applicable law, in no event will Wahi be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Services however caused, regardless of the theory of liability (contract, tort, or otherwise), whether or not Wahi has been informed of the possibility of such damage. In no event shall Wahi\u2019s total liability to you for all damages (other than as may be required by applicable law) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.<\/p>\n <\/p>\n <\/p>\n 14. Governing Law.<\/strong><\/p>\n These Terms and the relationship between you and Wahi are governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles. Subject to Section 16, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Wahi agree to submit to the exclusive personal jurisdiction of the provincial courts and federal courts located within the City of Toronto<\/a>, Ontario, Canada, for the purpose of litigating all such disputes.<\/span><\/p>\n <\/p>\n <\/p>\n 15. Dispute Resolution by Binding Arbitration.<\/strong><\/p>\n In the interest of resolving disputes between you and Wahi in the most expedient and cost-effective manner, you and Wahi agree to resolve disputes through binding arbitration or, to the extent permitted under applicable law, small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party\u2019s claim(s). Any relief awarded cannot affect other users.<\/p>\n <\/p>\n <\/p>\n 16. Modification of the Services.<\/strong><\/p>\n Wahi reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that Wahi will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services. Your continued access and use of the Services after any such changes will constitute your acceptance of the change.<\/p>\n [\/et_pb_text][et_pb_text _builder_version=”4.20.2″ _module_preset=”default” text_font_size=”14px” custom_margin=”||8px|||” custom_padding=”||0px|||” global_colors_info=”{}”]<\/p>\n <\/p>\n\n
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You acknowledge and agree that we reserve the right, in our sole discretion, to revise and update these Terms from time to time. Any and all such modifications will be effective immediately upon posting and apply to all access to and continued use of the Website and Services. Accordingly, you agree to periodically review these Terms to ensure you are aware of any such modifications and that you understand the terms and conditions that apply to your access to and use of the Website and Services. We will make reasonable efforts to notify you of any material changes to the Terms, including by posting a notice to our website or by sending an email to any address you may have provided to us. By clicking \u201cI agree\u201d to these Terms or by otherwise accessing or using our Website or Services, you accept and agree to be bound by and to comply with these Terms (as may be amended from time to time). If you do not agree to these Terms, you must not access or use any portions of the Website or Services.<\/span><\/p>\n
By accessing and using this Website or the Services, you represent and warrant to us that you: (i) are the older of: (a) eighteen (18) years of age; or (b) the legal age of majority under applicable law to form a binding contract; (ii) have not previously been suspended by Wahi from the access to or use of the Website or Services (or otherwise had your access to or use of the Website or Services revoked by Wahi); (iii) are able to form a legally binding contract online; and (iv) are duly authorized to bind the company or other legal entity that you represent to these Terms, if you are entering into these Terms on behalf of a corporation or other legal entity.<\/span><\/p>\n\n
<\/span>You understand and agree that a user account (each, a \u201cAccount\u201d) may be required for you to access and use the Website and any of the Services. You may register for an Account by completing the Application and following our review and acceptance of your Application, your Account thereafter will be activated. As a condition for the continued activation of your Account, and your continued access and use of the Services and the Website, you must ensure that, at all times while your Account remains active, any information that you provide or have provided in the Application in connection with the creation of your Account (your \u201cRegistration Information\u201d) remains true, accurate, current and complete. By registering for and maintaining an Account, you agree:<\/li>\n<\/ol>\n
(ii) that you may not impersonate any other person, misrepresent any affiliation, use false information, or otherwise conceal your identity from Wahi for any purpose;
(iii) to treat your username and password as confidential, and that you are solely responsible for maintaining the confidentiality and security of, and will not share with or disclose to any other person, your username, password and Registration Information, and will not share or disclose such information to any other person;
(iv) that you will be fully responsible for all activities that are associated with your Account (including, any use of any Services or any communications made from your Account), whether you or another person performed such activities; and
(v) to notify us immediately if you have reason to believe or otherwise become aware that there has been any unauthorized access to or use of your username, password or Account. We reserve the right, at any time and from time to time, to suspend, disable or terminate your Account, and any of your usernames or passwords, in our sole discretion and for any reason whatsoever, including as a result of your violation of these Terms.<\/p>\n
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Wahi maintains procedures for the effective consideration and handling of client complaints.\u00a0To the extent that you have any complaints, we agree that all such complaints will be considered promptly by an appropriate Wahi representative who is not personally involved in the subject matter of the complaint. Where appropriate, the complaint will be passed to Wahi\u2019s Broker of Record. In order to make a complaint, you must submit your complaint to Wahi\u2019s Chief Privacy Officer at privacy@wahi.com<\/a>, and provide with sufficient and reasonably detailed information such complaint. Following Wahi\u2019s receipt of such complaint, Wahi will endeavor to provide a response for any such complaint within 24 hours of its receipt of such complaint.
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As between you and Wahi, you agree that Wahi is the exclusive owner of all rights, title and interests in and to the Website, Services and any data used therein or therewith. Provided that you maintain an active Account, we hereby grant to you a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. To the extent you provide any Feedback, or post, upload, or distribute any content to the Website or through your use of the Services, you represent and warrant to us that, you have the necessary rights, permits and authorizations to provide such content or Feedback to us and for us to exercise our rights in respect thereof under these Terms. If you believe that or otherwise become aware that any such content or Feedback breaches the foregoing representation and warranty, you will provide prompt written notification to us at <\/span>agentsupport@wahi.com<\/span><\/a>. <\/span>
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To the extent you have registered an Account, for the duration that your Account remains active and for a period of two (2) years after the termination of your Account, Partner Realtor<\/a> shall not directly or indirectly, on Partner Realtor’s own behalf or in the service or on behalf of others, in any capacity: <\/span>
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