Terms of Use

Acceptance of the Terms and Conditions of Use

The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of, including any content, functionality, and services offered on or through, www.rew.ca, www.rew.one, and/or www.rew.works (collectively, “REW.ca") and create a binding agreement by and among you (the “user” or “you”) and REW Digital Ltd. and its subsidiaries and affiliates (collectively, “REW,” “we,” “us,” “our”).

BY ACCESSING AND USING REW.CA, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT WWW.REW.CA/PRIVACY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

REW provides you with access to REW.ca and the services available on it (collectively, the "Services") for use by bona fide consumers of real estate and market participants for the purpose of locating and purchasing real estate, or learning about neighborhoods, availability, and market trends in support of such purpose.

Modifications to the Terms of Use

REW reserves the right to revise and update the Terms of Use, and any policy or guideline of REW.ca, from time to time at its sole discretion. Any changes or modifications will be effective immediately upon disclosure on REW.ca, and you waive any right you may have to receive specific notice of such changes or modifications.

You agree to periodically review the Terms of Use in order to be aware of any such modifications and your continued use of REW.ca following the posting of such changes or modifications will confirm your acceptance.

Services

The Services include the functionality of REW.ca and other content, products and/or services available on REW.ca. The Services may also be located on third-party websites and/or applications either through links, add-on services, or otherwise in connection with websites and/or applications that such third parties control. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price, or a representation as to the performance of any given product or service (including, without limitation, reach, views, clicks, leads, and reception).

Services and products purchased on REW.ca are subject to these Terms of Use, REW’s Privacy Policy and any specific terms and conditions provided at point of sale which, collectively, form an agreement between the purchaser and REW effective upon purchase.

By purchasing products and/or Services through REW.ca, you grant REW a non-exclusive, worldwide, royalty-free license to use any information, content, materials, and listings (regardless of source) that you provide or direct the Company to use in connection with the Services, solely as necessary to perform and provide the Services. You expressly authorize and direct the Company to use the listing(s) and other materials you designate (“Designated Listing(s)”) in performing the Services and represent and warrant that you have all ownership rights, licenses, permissions, and authority necessary to grant this license and authorization, and that the Company’s use of the Designated Listing(s) and other materials as contemplated by the Services does not violate the rights of any third party.

REW reserves the right to modify or discontinue any Service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. REW shall not be liable to you or any third party should REW exercise its right to modify or discontinue the Service or part of it.

Advertising and Business Dealings

REW utilizes third-party and partnership advertising and provides marketing services, some of which are displayed on REW.ca. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, REW.ca may serve advertisements based on the information we collect from you or in relation to your interaction on our site, to the extent consistent with our Privacy Policy. REW may also provide information about, promotions, advertisements or links to third-party products or services on REW.ca. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party(ies).

REW is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser and is not responsible for and does not endorse any features, content, advertising, products or other materials on or available through third-party websites, even if originally accessed via a link on REW.ca. REW is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on REW.ca. If you have a dispute with one or more advertisers or other third parties, you release REW from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

User Submitted Content

You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (the "User Content") that you post, submit, publish, display or link to on REW.ca or send to other REW.ca users. You agree not to post, submit or link to any User Content or material that infringes, misappropriates or violates the rights of any third party, including without limitation the copyright, trademark, trade secret, patent, publicity, privacy or other intellectual property rights of any third party, or that is in violation of any Federal, Provincial or Municipal law, rule or regulation. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent or that is purposely false or misleading.

You agree that by posting content on REW.ca, you are granting REW and its affiliates a royalty-free, perpetual, irrevocable and fully sub-licensable license to publish, reproduce, distribute, display, adapt, and otherwise use this content in any manner on or in connection with REW.ca or in the course of offering the Services. You understand and agree that any User Content that you post or submit to REW.ca may be redistributed through the internet and other media channels, and may be viewed by the general public. Your provision of registration information and any submissions you make to REW.ca through any functionality such as applications, chats, e-mail, personal, or interest group web pages, profiles, forums, bulletin boards, and other interactive functions constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.

You understand that REW does not approve or control the User Content posted by others on REW.ca, and instead simply provides a service by allowing users to access information that has been made available by others. As a provider of interactive media services, REW is not liable for any statements, representations, or User Content provided by its users on REW.ca or in connection with the Services. REW assumes no responsibility for monitoring REW.ca or the Services for appropriate User Content or conduct and has no obligation to screen, edit, or remove any of the User Content. However, REW reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason. REW nonetheless assumes no responsibility for such User Content or for the conduct of the User submitting any such Content.

Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that REW.ca will not contain any content that is prohibited by these Terms of Use.

You understand that REW does not endorse or warrant any particular content or information available via REW.ca or guarantee the accuracy, integrity or quality of such content or information. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will REW be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via REW.ca or the Service. You use REW.ca and the Services at your own risk.

You are prohibited from attempting to circumvent and from violating the security of REW.ca including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting, or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner's ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of REW.ca.

Fees

You are responsible for the timely payment, using the currency and payment method indicated, of any fees incurred by your use and/or purchase of Services and any products available on REW.ca or via links to other websites, whether ordered through the REW.ca, REW’s sales team or otherwise. If applicable, you give REW express authorization to place a pre-authorization to hold such fees and initiate recurring charges to or debits from your electronic payment provider for all fees owed on the due date. If you owe any past due fees to REW or its affiliate pursuant to any prior agreement(s), you hereby authorize REW to charge to or debit from your electronic payment provider a one-time payment, or initiate recurring charges to or debits from such provider, in either case, to satisfy such past due fees.

The fees paid for services are non-refundable, regardless of whether the service is terminated, or recurring debits or charges are canceled, prior to the end of the then-current term or billing period. No mid-term cancellations will be permitted.

Loyalty or product bundle discounts are subject to cancellation.

It is your responsibility to keep current your contact and billing information (including phone number, email address, credit card numbers, etc.).

Feedback

You may give REW feedback, comments, and suggestions for improvements in connection with REW.ca and Services (collectively, “Feedback”). You hereby assign to REW all of your right, title, and interest in and to the Feedback. To the extent applicable law does not permit assignment of the Feedback, you hereby grant REW a perpetual, irrevocable, worldwide, exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use the Feedback in any manner in which REW sees fit. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to your Feedback.

Consent to Receipt and Recording of Communications

You hereby agree that REW, or a third party acting on behalf of REW, may email, call, and/or send text messages to the email address and telephone number(s) provided to REW, and further agree that calls between you and REW employees may be recorded for quality control, training, and other internal business purposes.

Brokers and Agents

Any person who identifies themselves as a broker or agent on REW.ca hereby represents and warrants that such person is validly licensed and is in compliance with applicable broker requirements in all jurisdictions in which such person is required to be licensed. REW may, in its sole discretion, but shall have no obligation to: (i) verify the licensure of such person as a broker or agent, (ii) verify the existence of applicable representation agreements, and (iii) remove from the list of brokers any person whom REW believes is not a licensed broker or agent in any applicable jurisdiction.

REW does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on REW.ca; it is your responsibility to confirm the licensed status of any brokers listed on REW.ca.

Copyright And License

All copyrighted and copyrightable materials on REW.ca, including, without limitation, the content, information, data, design, text, search results, graphics, images, pictures and other files, and the selection, arrangement and compilation of information ("Materials") are proprietary property of REW or its licensors, or users and are protected by Canadian and international copyright laws.

The listing content on REW.ca is protected by copyright and other laws, and is intended solely for the private, non-commercial use by individuals. Any other reproduction, distribution or use of the content, in whole or in part, is specifically forbidden. The prohibited uses include commercial use, “screen scraping”, “database scraping”, and any other activity intended to collect, store, reorganize or manipulate data on the pages produced by or displayed on this website.

You are granted a limited, non-sublicensable right to access REW.ca, use the Services and print the Materials for your personal, non-commercial, and informational use only.

We reserve the right, without notice and in our sole discretion, to terminate your license to use REW.ca, and to block or prevent future access to and use of REW.ca.

The foregoing license grant does NOT include the right for you to:

publish, publicly perform, display or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
use any site information for purposes of solicitation;
market, sell or make commercial use of REW.ca or any Materials;
systematically collect and use automated queries for any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
make derivative uses of REW.ca or the Materials; or
use, frame or utilize framing techniques to enclose any portion of REW.ca (including the images found at REW.ca or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of REW or any third party. Any unauthorized use of REW.ca will terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes.

If you believe that your work has been copied and has been posted to REW.ca in a way that constitutes copyright infringement, please provide REW's copyright agent with the following written information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed upon;
a description of where the material that you claim is infringing is located on REW.ca;
your address, telephone number, and e-mail address;
a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
before sending a notice to REW, you should confirm that you are the copyright owner or have rights to the copyright.

Contact information for REW's Copyright Agent for notice of claims of copyright:

FARRIS LLP

P.O. Box 10026 Pacific Centre South

Toronto Dominion Bank Tower

700 West Georgia Street

Vancouver

British Columbia V7Y1B3

Phone: 1.888.712.3607

Email: copyright@rew.ca

Indemnification

You agree to defend, indemnify, and hold REW and its affiliates, and such respective agents, employees, directors, officers and representatives, harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of (a) your failure to comply with applicable laws, regulations, these Terms of Use, any REW, REW.ca, and third party policies, if and as applicable to you; (b) User Content and/or Feedback; (c) REW’s use of User Content and Feedback as contemplated or permitted under these Terms of Use; or (d) any activity in which you engage in or through the Services; or (e) your violation of the rights of any third party. For greater certainty, if you cause a technical disruption of REW.ca or any Service, you agree to be responsible for any and all liabilities, costs and expenses (including reasonable attorneys’ fees, fines, and costs of enforcement) arising from or related to that disruption.

No Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF REW.CA, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH REW.CA IS AT YOUR OWN RISK. REW, ITS CONTENT, AND ANY SERVICES OR CONTRACTS MADE OR ITEMS FOUND OR ATTAINED THROUGH REW.CA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF REW.CA, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH REW.CA, IS AT YOUR SOLE RISK.

REW, ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, AFFILIATES, CONTRACTORS, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON REW.CA. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO DATA, INFORMATION, PRICING, TEXT OR PHOTOGRAPHY.

Limitation Of Liability

IN NO EVENT SHALL REW, ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AFFILIATES, CONTRACTORS, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF REW.CA, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Access, Passcodes, and Security

You must maintain the confidentiality of any passcodes assigned to you and may not share them with or allow them to be used by any other person.

REW may use passcodes as a means to authenticate your identity when you access and use REW.ca or attempt to purchase Services. REW is under no obligation to confirm the actual identity or authority of any party accessing the product or Services under any passcode or other authentication method.

Unauthorized attempts to defeat or circumvent passcodes or other security features, use REW.ca or any Service for other than intended purposes, or obtain, alter, damage or destroy information or otherwise to interfere with the system of its operation, are not permitted and may result in a loss of access to the Services and the immediate termination of any active products. Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution under the laws of Canada or such other jurisdictions as may apply.

No Reliance and Disclaimer of Responsibility for Third Party Content

The content on REW.ca is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site. Although we make reasonable efforts to update the information on REW.ca, we make no representations, warranties, or guarantees, whether express or implied, that the content on REW.ca is accurate, complete, or up to date. Your use of REW.ca is at your own risk and REW has no responsibility or liability whatsoever for your use of REW.ca.

REW may provide third party content on REW.ca and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. REW does not monitor or have any control over any Third Party Content or third-party websites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not REW. In many instances, the content available through REW.ca represents the opinions and judgments of the respective information providers or users. REW does not endorse or adopt any Third Party Content, and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third Party Content or any opinion, advice or statement made on the site by any third party. Users access and use such Third Party Content at their own risk.

Among other things, REW facilitates the connection of REW.ca users to real estate professionals. REW makes no representation or warranty regarding any connection made through REW.ca or the regulatory standing or licensing of any real estate professional found on or through REW.ca and disclaims all liability from any interaction, agreement or transaction including or relating to individuals connected through REW.ca, including subsequent fraud or negligence.

Third Party Terms and Disclaimers

The Canadian Real Estate Association

CREA is the owner of the REALTOR® and MLS® trademarks: “REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to The Canadian Real Estate Association (CREA). These certification marks identify real estate professionals who are members of CREA and who must abide by CREA’s By-Laws, Rules, and the REALTOR® Code. The MLS® trademark and the MLS® logo are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA.

The information contained on this site is based in whole or in part on information that is provided by members of The Canadian Real Estate Association, who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members and assumes no responsibility for its accuracy. Listings and content provided through CREA’s data distribution facility are subject to CREA’s policies and rules, which are incorporated by reference hereto with respect to CREA listings.

REW.ca operates in connection with REW’s brokerage that is a member of The Canadian Real Estate Association.

Google

REW.ca uses content and services ("Maps API") provided by Google and/or its subsidiaries and affiliates (collectively, "Google"). The use of Maps API is subject to the Google Terms of Use. By using the website, users agree to be bound by Google's Terms of Use, found here: https://maps.google.com/help/terms_maps.html.

Pillar 9™ MLS® System

Certain listing data displayed on REW.ca is used under license and supplied by Pillar 9™ MLS® System (“Pillar 9™”). Pillar 9™ is the owner of the copyright in its MLS® System. Data is deemed reliable but is not guaranteed accurate by Pillar 9™. All rights are reserved to such data by Pillar 9™.

Realtors Association of Edmonton

Certain listing data displayed on REW.ca is used under license and provided under copyright by the REALTORS® Association of Edmonton (“RECA”), all rights reserved. Data is deemed reliable but is not guaranteed accurate by RECA.

Greater Vancouver REALTORS®

Certain listing data displayed on REW.ca is used under license and provided under copyright, in whole or in part, by the Chilliwack & District Real Estate Board, Fraser Valley Real Estate Board or Greater Vancouver REALTORS® (together, the “BC Boards”), all rights reserved. The BC Boards assume no responsibility for the accuracy of data generated by the BC Boards and displayed on REW.ca.

Victoria and Vancouver Island Real Estate Boards

Certain listing data displayed on REW.ca is used under license and provided under copyright by the Victoria and Vancouver Island Real Estate Boards, respectively (together, “VIVA”). The information provided by VIVA is from sources deemed reliable, but should not be relied upon without independent verification.

Toronto Real Estate Board

Certain listing data displayed on REW.ca is provided through data license agreements with the Toronto Regional Real Estate Board (“TRREB”) and subject to copyright by TRREB. Such listing data is deemed reliable but is not guaranteed accurate by TRREB.

Information Technology Systems Ontario

Representations regarding listing information provided through Information Technology Systems Ontario (“ITSO”) is based in whole or in part on data generated from a Canadian real estate association which assumes no responsibility for its accuracy. IDX information is provided exclusively for personal, non-commercial use, and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Information is deemed reliable but not guaranteed by ITSO.

Whistler Listing Service

Certain listing data displayed on REW.ca is used under license and generated by the Whistler Listings System which assumes no responsibility for its accuracy.

Rental Listing Providers

Certain rental listing data displayed on REW.ca is used under license and generated by Rhenti Ltd., RentBoard Canada Inc., and RentSync, respectively, the aforementioned rental data providers assume no responsibility for the accuracy of such rental listing information or data.

No Assignment

You are not permitted to assign your rights and obligations under these Terms of Use.

Interpretation

These Terms of Use shall be interpreted without regard to which party drafted these Terms of Use.

Choice Of Law, Waiver, And Claims

These Terms of Use shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. REW’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.