For Zenmatch Website
Terms and Conditions of Use of Website and Real Estate Matching Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR ANY SERVICE PROVIDED TO YOU BY ZENMATCH INC. AS THEY CONTAIN BINDING LEGAL TERMS AND OBLIGATIONS INCLUDING LIMITATIONS OF ZENMATCH INC.'S LIABILITY AND DISCLAIMERS.
This website (“Site”) is provided to you by Zenmatch Inc. (“Zenmatch”, “we”, “us” or “our”). Your access to and use (either by computer, e-reader, mobile or other electronic device now or hereafter devised) of this Site, its content and Zenmatch’s [real estate matching service] (the "Service"), are subject to these Terms and Conditions and the provisions of our Privacy Policy. By accessing and using this Site or the Service you (“you” or “your”) agree to be bound by these Terms and Conditions (the “Terms and Conditions”), whether or not you have read them, and you consent to the collection, use and disclosure of your personal information as set out in the Privacy Policy. If you do not agree to these Terms and Conditions, do not access or use this Site or the Service. Zenmatch may at its sole discretion modify these Terms and Conditions at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site or the Service will indicate your acceptance of these modified Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, you must immediately stop using this Site and the Service.
By accessing and using the Service, you represent and warrant that you (a) are thirteen (13) years of age or older; (b) have the power to enter into a binding agreement with us and are not barred from doing so under any applicable laws; and (c) are a resident in a country where the Service is available.
Zenmatch’s Service
You agree and understand that we do not perform, and are not licensed to perform, real estate brokerage services. All real estate brokerage activities are carried out by local real estate brokers that we have referred you to. We do not endorse, recommend or are made aware of the terms of any agreement between you and the real estate broker(s) we have referred you to.
Further, you agree and understand that we may receive payment for our Service(s), representing a percentage of the commission received by the real estate broker(s) involved in the real estate transaction. There is no charge to you. Any payment due to us is based on a separate agreement between us and the real estate broker(s) involved. Your use of our Service(s)constitutes your acknowledgment of, and agreement to, this fee arrangement.
Intellectual Property
This Site, the Service and the materials displayed on or contained within this Site and any other materials supplied to you by Zenmatch from time to time, including, without limitation, all software, tools, design, graphics, charts, data, databases, text, reports, publications, editorial materials, informational text, photographs, illustrations, maps, interfaces, artwork and other graphic materials, and names, domain name, logos, trade-marks and service marks and all information relating thereto (the “Materials”) are the property of Zenmatch and its affiliates or licensors and are protected by copyright, trade-mark and other intellectual property laws. [·] are trade-marks of Zenmatch. All rights reserved. Any use of Zenmatch’s names, domain name, logos, trade-marks or service marks is strictly prohibited.
You do not acquire any ownership rights or any implied right to this Site, the Service or any Materials displayed on, contained within or obtained through or as a result of this Site or the Service. Neither the disclosure of information nor the publication of information or content on this Site or elsewhere constitutes a waiver of any of Zenmatch’s rights in such information, content and Materials.
Zenmatch hereby grants you a personal, limited, non-exclusive, non-assignable, non-transferable and revocable license to access and view this Site, the Materials and the Service for a non-commercial and lawful personal use only. You may not, nor may you allow third parties to, produce, reproduce, republish, upload, post, transmit, modify, index, catalogue, merge with other data, mirror, frame, scrape, data mine, create derivative works from, display, perform, translate, distribute, sell, adapt, broadcast, communicate to the public by telecommunication, circulate, display or distribute (including, without limitation, on third-party websites), in whole or in part,this Site, the Service or any Materials displayed on, contained within or obtained from or as a result of this Site or the Service to any third party without express prior written consent of Zenmatch. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials, this Site or the Service, and that you will maintain in place all intellectual property and proprietary marks, notices and disclaimers displayed on or contained within this Site or on any Material.
For the purpose of rendering and improving the Service, we may ask you to provide us with contact information and information pertaining to your past real estate transactions. You hereby grant Zenmatch a non-exclusive, non-transferable, royalty-free, perpetual, worldwide right to use, copy, modify, distribute, reproduce, adapt, store, translate, publish, display, make derivative works from, transmit and process any information or data you submit to us (“Submissions”) through this Site or through any other medium, in any manner and by any means, method or technology, whether known or hereafter created, provided that such use or disclosure complies with our Privacy Policy. In addition, you agree to waive all moral rights in your Submissions in favour of Zenmatch, and acknowledge and agree that Zenmatch shall not be liable for any loss, injury or damage arising from or related to your Submissions, including, without limitation, any errors or omissions in any of your Submissions, or any loss or damage of any kind incurred as a result of the use of your Submissions.
This provision shall survive the termination of your right to use this Site or the Service.
Your Obligations
Your use of this Site and the Service will at all times comply with all applicable laws. You will not use this Site or the Service to (a) engage in any unlawful, improper or illegal purpose or activity; (b) engage in denial of service attacks, transmit disabling mechanisms or take actions designed to impair network access; (c) infringe the copyright, trademark, intellectual property or proprietary rights of Zenmatch (including any of its affiliates) or any third party; (d) transmit or disseminate content that you do not have the right to transmit or disseminate under law or contractual or fiduciary relationships; or (e) transmit or disseminate content that contains personally identifiable information not belonging to you.
When providing information to Zenmatch, whether through this Site or otherwise, you agree to provide true, accurate, current and complete information, and to promptly update us if any such information no longer is true, accurate, current or complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your current and future use of this Site and the Service. Zenmatch will not be liable for any loss or damage arising from your failure to comply with this Section.
Changes to, or Suspension or Termination of, this Site
Zenmatch may in its sole discretion (a) change the information, names, text, software, images, pictures, logos, trade-marks, products, services and any other material displayed on, offered through or contained on this Site, or (b) change the availability of, restrict the access to, suspend or terminate, temporarily or permanently, this Site (or any part thereof) or the Service at any time without notice or liability to you or any other person.
Information posted on this Site is current only as at the date it is first posted and may no longer be true or complete when viewed by you. It may include inaccuracies or typographical errors that may be corrected as they are discovered at Zenmatch’s sole discretion without notice.
Site Privacy and Cookies
Zenmatch’s personal information practices are governed by our Privacy Policy.
This Site does not automatically gather any personal information from you, such as your name, phone number or email address. We would obtain this type of information if you supplied it voluntarily, through this Site or by sending us an email or other communication separate from this Site.
Zenmatch may employ cookies, software programs and other methods on this Site. These cookies, programs and methods may receive and record the Internet Protocol (“IP”) address of the computer that has contacted our Site, the date and time of the visit and the pages visited. Cookies can usually be disabled by changing your browser preferences.
Please refer to our Privacy Policy for further details on Zenmatch’s collection, use and disclosure of personal information, and the cookies, programs and methods employed on this Site.
Links
This Site may contain links or references to third-party websites, including affiliates of Zenmatch. These links are provided for your convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Zenmatch even if such third party is a Zenmatch affiliate. Zenmatch will incur no liability for any information, service, material or content displayed or offered through any linked website. Your use of such third-party websites is subject to the terms and conditions of use and the privacy policies of such websites, and you access third-party websites at your own risk.
Disclaimer of Warranties
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE OR DOCUMENTATION CONTAINED HEREIN OR OTHERWISE SUPPLIED BY US TO YOU ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. ZENMATCH MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE, DOCUMENTATION AND LINKS CONTAINED HEREIN OR OTHERWISE SUPPLIED BY US TO YOU, AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED ACCESS, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, SOFTWARE OR DOCUMENTATION PROVIDED THROUGH THIS SITE OR OTHERWISE SUPPLIED BY US TO YOU. IN ADDITION, ZENMATCH DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE INFORMATION ACCESSIBLE VIA THIS SITE OR OTHERWISE IS ACCURATE, COMPLETE OR CURRENT, NOR DOES IT ASSUME ANY OBLIGATION TO UPDATE IT. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE OR THE SERVICE.
Limitation of Liability
IN NO EVENT SHALL ZENMATCH, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INCOME, GOODWILL OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD-PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR THE SERVICE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE OR OTHERWISE SUPPLIED BY US TO YOU; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES CONTAINED OR REFERRED TO ON THIS SITE OR OTHERWISE SUPPLIED BY US TO YOU; ANY LINK PROVIDED ON THIS SITE; WHETHER OR NOT ZENMATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE OR THE SERVICE.
THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE OR THE SERVICE.
Indemnification
You agree to indemnify and hold harmless Zenmatch and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions; and (b) your use of this Site, the Materials and the Service.
This provision shall survive the termination of your right to use this Site or the Service.
Termination
Zenmatch may at any time and at its sole discretion terminate your right to use this Site or the Service.
Governing Law
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the Province of Québec and the laws of Canada applicable therein and the parties irrevocably attorn to the jurisdiction of the courts of the Province of Québec.
This provision shall survive the termination of your right to use this Site or the Service.
General
These Terms and Conditions together with the Privacy Policy constitute the entire agreement between you and Zenmatch with respect to your use of this Site and the Service and supersede all previous agreements, understandings and representations relating thereto. No failure by Zenmatch or you to exercise any rights, powers or remedies hereunder, or any delay in such exercise, shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms and Conditions or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms and Conditions, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms and Conditions and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
This provision shall survive the termination of your right to use this Site or the Service.