Updated on April 8, 2020. Thank you for choosing Flex Immobilier.
The present document named “terms of use” is a contract between you and Estrietoît Inc. whose head office is located at 101-215 Bellevue Street in Sherbrooke, province of Quebec, J1J 3Z2 (“Flex Immobilier”) relating to the conditions of access, navigation and use of its website and services. Access, browsing and use of Flex Immobilier’s website (www.fleximmobilier.com) (“Flex Immobilier Website”) as well as any purchase of services are governed by these terms and conditions. IF YOU DO NOT WISH TO BE BOUND BY THESE CONDITIONS OF USE, PLEASE DO NOT ACCESS, NAVIGATE OR USE THE FLEX IMMOBILIER WEBSITE, NOR CONSULT ANY PAGE WHATSOEVER. Please read these terms of use in full, the provisions constitute a contractual agreement. These terms of use may be modified from time to time by Flex Immobilier at its sole discretion. Any access to the Flex Immobilier Website, any browsing or any use of the Flex Immobilier Website in any manner whatsoever by a person whether or not he has a user account (“User”) constitutes an acceptance of these terms of use and any subsequent modification; the User acknowledges being bound by these terms of use and their modifications.
IN ADDITION TO THE FOREGOING, BY ACCESSING, BROWSING OR USING THE FLEX IMMOBILIER WEBSITE AND ITS SERVICES, YOU ACKNOWLEDGE THAT FLEX IMMOBILIER IS NOT A REAL ESTATE AGENCY OR REAL ESTATE BROKER. FLEX IMMOBILIER DOES NOT PROVIDE ANY PROFESSIONAL ADVICE AND DOES NOT SUBSTITUTE, IN ANY WAY, FOR THE ADVICE OF PERSONS, EXPERTS OR PROFESSIONALS QUALIFIED IN THEIR FIELD. FLEX IMMOBILIER STRONGLY RECOMMENDS THAT USERS DO BUSINESS WITH QUALIFIED INDIVIDUALS, EXPERTS OR PROFESSIONALS TO ADVISE THEM IN THE PROCESS OF SELLING THEIR PROPERTY.
Introduction
The Flex Immobilier Website offers the possibility to any owner or holder of property rights or construction contractor to post advertisements in the process of selling real estate and to coordinate the services of professionals, experts and others (“Expert(s)”) (“Property(s)”). It is the responsibility of the parties involved to ensure that the process of selling a Property is completed, including the disclosure of all legal and other information and the preparation of related contractual documentation.
Excluded Users
The Flex Immobilier Website is offered only to Users with the legal authority to conclude transactions. Among others, the services are not available to minors or to users whose registration has been suspended due to a fraudulent use of the Flex Immobilier Website or contrary to the terms of use. If you do not qualify, please refrain from using our Flex Immobilier Website.
User account
The User is responsible for maintaining the confidentiality of his user account, (username and password) that he will have chosen when registering and it is forbidden to disclose it to any third party whatsoever. The User is entirely responsible for the activities carried out on his user account. The User agrees to immediately notify Flex Immobilier of any unauthorized use of his user account.
The User remains solely responsible for his User account created on the Flex Immobilier Website and for the information related to his Property registered on the Flex Immobilier Website, including the accuracy and truthfulness of its content. The User communicates any confidential information at his own risk and is required to take all necessary precautions to preserve the confidential nature of such information in order to ensure its security.
Personal Information
The User consents to the collection, use and retention of his/her personal information by Flex Immobilier or its suppliers on servers located in Canada, Province of Ontario, in accordance with the Privacy Policy. By accepting these Terms of Use, the User consents to the Privacy Policy. The User consents to receive promotional communications from Flex Immobilier, unless the User requests to unsubscribe.
Disclosure of information to the concerned authorities
Flex Immobilier may, from time to time, at its sole discretion, monitor its Flex Immobilier Website and disclose to the appropriate authority any information necessary to comply with any law, regulation or governmental or court order, to operate its Flex Immobilier Website properly or to protect itself or its Users under the protection of personal information.
Prohibited use of the Flex Immobilier Website
It is strictly forbidden for any User to use the Flex Immobilier Website to post information that is not authorized by Flex Immobilier.
The User may not use the Flex Immobilier Website to have a behaviour, to diffuse or circulate texts that are defamatory, obscene, pornographic, insulting, threatening, aggressive, violent, false, misleading, illegal or that would violate the intellectual property of others, under penalty of legal proceedings. The User may not use the Flex Immobilier Website in violation of the laws and regulations in force in the Province of Quebec and in Canada. The User may not display more than one Property on an advertisement.
The User agrees not to adopt the following reprehensible behaviour: disseminate spam or propose multi-level marketing systems and pyramids; disseminate viruses or other technologies likely to harm Flex Immobilier or the interests and property of other Users; give false information or mislead the recipient; infringe upon the rights held by third parties; impose an unreasonable load on the Flex Immobilier Website or interfere with the proper operation of the Flex Immobilier Website; copy, modify or distribute any content belonging to others; use a robot, spider, scraper or any other electronic means to access Flex Immobilier and to collect content from the Flex Immobilier Website for any purpose whatsoever, without the written permission of Flex Immobilier; collect or otherwise obtain information about others, in particular e-mail addresses, without having been authorized to do so.
Advertising services offered
Subject to the types of services chosen and to the payment of applicable fees, the Flex Immobilier Website allows the User to display one advertisement per Property and/or to submit messages, data and texts in order to sell the Property and to interact with Flex Immobilier representatives and other Users for a period of twelve (12) months from the activation of the advertisement. In the event that the User’s Property is sold, the User agrees that the advertisement of the Property shall be posted with the word “sold” for a period of at least 30 days following the signing of the sale. The advertisement, including but not limited to the accuracy, content and quality of the language is the responsibility of the User both at the time of activation and after any modification of the advertisement; Flex Immobilier may at its sole discretion remove content from the advertisement.
Upon activation of an advertisement, the services are offered on a continuous basis until the expiration of the subscription or until the Property is sold. The advertisement cannot be put on hold.
At the time the advertisement of the Property is activated and only for the purposes of its posting, Flex Immobilier grants the User a limited, free (without royalties in addition to the applicable fees of the package, if any) and non-exclusive licence to use, reproduce, transmit, broadcast on the Flex Immobilier Website and communicate to the public the content of the advertisement of the Property for the duration of the advertisement. In addition, the User (owner or construction contractor) agrees that his name, address, telephone number and email address may appear on the Flex Immobilier Website and, if applicable, on the sign to allow any potential buyer to communicate directly with the User. Flex Immobilier is not responsible for any loss, modification or corruption of the content of an advertisement. Flex Immobilier shall not be held responsible for any unauthorized use of a User’s profile, except in case of gross negligence or misconduct.
During the period of a service package and the respect of the present conditions of use, Flex Immobilier authorizes the User to use the sign “FOR SALE” and its accessories from Flex Immobilier on their Property. The sign and its accessories installed on the User’s property or on the periphery of the Property remain the exclusive property of Flex Immobilier in order to recover and reuse them (eco-responsible). It is the responsibility of the User to (i) ensure compliance with municipal by-laws with respect to the signs on his Property; Flex Immobilier disclaims any responsibility in this regard, and (ii) to maintain and ensure that the signs are not damaged, lost or stolen. Otherwise, Flex Immobilier reserves the right to remove the signs without notice. The costs related to any negligence on the part of the User in this regard shall be assumed by the User. At the time of the sale of the Property or before, Flex Immobilier shall proceed with the uninstallation and recovery of the signs in order to reuse them.
Subject to the rules more fully described below or otherwise and for educational purposes, the Flex Immobilier Website may or could offer blogs and discussion forums related to the sale of Properties or other related subjects allowing the User to participate or intervene (i) the information found on the blogs and discussion forums shall in no way be interpreted as an opinion, advice or recommendation of Flex Immobilier, (ii) any comment published on the Flex Immobilier Website may be supervised, modified or archived by Flex Immobilier, at its sole discretion, without obligation and despite any request to this effect, (iii) any comment that does not comply with the usual rules of netiquette may be removed from the Flex Immobilier Website, at its sole discretion, without obligation and despite any request to this effect, (iv) no advertising, in any form whatsoever, will not be tolerated by Flex Immobilier and/or, (v) any comments that contravene any law or regulation or that are not in accordance with the section “Prohibited Use of the Flex Immobilier Website” or that take the form of a private discussion between two Users will not be tolerated by Flex Immobilier.
Price and payment
The prices of the services offered on the Flex Immobilier Website are indicated in Canadian dollars, are in addition to the goods and services tax and the Quebec sales tax and are payable in Canadian dollars. Flex Immobilier may modify the prices at any time without notice. No refund will be made for any purchase on the Flex Immobilier Website.
Intellectual Property
Subject to the information used under licence or the hyperlinks displayed on the Flex Immobilier Website, the intellectual property rights on all the contents of the Flex Immobilier Website, including but not limited to articles, texts, illustrations, images, photographs, audio and video material, software and any file or image contained in or generated by such software, available codes, data and databases and any arrangement thereof (“Intellectual Property”) are the exclusive property of Flex Immobilier or third parties who have authorised it to use them on the Flex Immobilier Website. The Intellectual Property is protected by the laws in force, in particular as regards copyright and trademark. Any use, copy, reproduction, in any manner whatsoever, modification, publication, downloading, sale, transmission or distribution of the content of the Flex Immobilier Website or the software or computer applications integrated therein is strictly prohibited. Nevertheless, any visualization or printing of the elements contained in the Flex Immobilier Website is authorized if it is done for personal and non-commercial use and in accordance with these terms of use.
At no time does Flex Immobilier grant to the User a title, license, right of use, interest or any other right in the Intellectual Property, software or computer applications being integrated into its Flex Immobilier Website other than a restricted, free and non-exclusive license on the display of the advertisement of the Property, and this, in accordance with the paragraph provided above.
The names, other names, logos, drawings, graphics, slogans, distinctive signs or any other element (“Trademarks”) displayed on the Flex Immobilier Website are trademarks used by Flex Immobilier or third parties. Without limiting the generality of the foregoing, Flex Immobilier is the sole and exclusive owner of the Trademarks used on the Flex Immobilier Website or, if not, they belong to their respective owners. In no event may the Trademarks appearing on the Flex Immobilier Website be used without the written permission of their respective owners. The User agrees not to use the Trademarks without the prior written consent of Flex Immobilier or the respective owner.
Liability and Indemnification
No representation and warranty is made by Flex Immobilier (i) as to the security and operation of the Flex Immobilier Website, (ii) as to the absence of viruses or other harmful elements or acts of hacking or other types of computer malevolence, (iii) as to the content of the Flex Immobilier Website, the accuracy, validity, quality, security and legality of the content of the advertisements or communications of Users, (iv) the use of hyperlinks to other sites or to the Flex Immobilier Website, (v) the erroneous information posted, the conduct of another User or the conduct and advice of any Expert referred and/or offering services on the Flex Immobilier Website, (vi) the capacity or ability of the User to sell and/or buy his Property; (vii) as to the title to the Property and the quality of the Property, and/or (viii) as to the access, navigation or use of the Flex Immobilier Website. The User agrees to hold Flex Immobilier harmless from any damage that may result therefrom.
Under no circumstances may Flex Immobilier be held liable (i) if no sale results from the advertisement of a Property on its Flex Immobilier Website or via other sites; (ii) for any other defect, failure, omission or false declaration relating to a Property registered on the Flex Immobilier Website, whether before, during or after its registration; (iii) title to and quality of the Property; (iv) for the acts, services, omissions or conduct of any third party, expert, advisor or sponsor of the Flex Immobilier Website (“Third Parties”); (v) for any prejudice, loss, damage (direct, indirect or incidental) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any Third Party; and (ii) the use or inability to use any software, content, goods or services of a website or offered through a website linked to the Flex Immobilier Website and, or (vi) any damage of any kind, direct, indirect, special or incidental, including consequential damages, resulting directly or indirectly from access, navigation, use or performance of the Flex Immobilier Website and its content and services.
Everything that is offered on the Flex Immobilier Website is provided “as is” without representation and guarantee, express or implicit, of any nature whatsoever.
Any User shall indemnify and save harmless Flex Immobilier, its directors, officers, shareholders, employees, representatives and advisors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, damages or expenses of any kind, direct or indirect, including, without limitation, legal fees and disbursements, arising out of (i) the User’s violation of the Terms of Use, (ii) the User’s access to the Website, his browsing, use or inability to access, browse or use the Flex Immobilier Website and/or the services or any external website through hyperlinks, (iii) his use of publications, communications, distributions or downloads of any kind through the Flex Immobilier Website and/or the services, or the fact that he has relied on them, (iv) his violation of the applicable legislation or regulations and, or, (v) his unauthorized or illicit use of the Flex Immobilier Website. The User undertakes to cooperate with Flex Immobilier in contesting any claim.
Laws
The conditions of use, access, use and navigation of the Flex Immobilier Website and/or services are subject to the laws applicable in the Province of Quebec and in Canada, without regard to principles of conflict of laws. Any claim or legal proceeding that may arise therefrom for any reason whatsoever must be filed in the judicial district of Saint-François, Province of Quebec, to the exclusion of any other judicial district that may have jurisdiction over such litigation as prescribed by law.
Termination / Deactivation
Flex Immobilier may modify, at its sole discretion and without notice, its Flex Immobilier Website. Flex Immobilier may terminate, at its sole discretion and without prior notice, the terms of use, including access, navigation and use of the Flex Immobilier Website or any part thereof or of the services or any of them by the User.
Advertisements and User accounts are the property of Flex Immobilier. Flex Immobilier may, without notice, deactivate or suspend the advertising of a User, in particular if the User acts in contravention of the Terms of Use.
Notice
Notices required under the Terms of Use must be made in writing by email with acknowledgement of receipt, email: info@fleximmobilier.com.
