Please read these Agent Terms of Use (the “Terms”) carefully. By using or signing up for an account, you’re agreeing to these Terms. The Terms are a legal agreement (“Agreement”) and affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Service. We’ll start with the basics, including a few definitions that should help you understand this agreement. Estate Waves™ (“Estate Waves” or the “Service”) is an all-in-one suite of real estate agent business tools offered through the URL www.EstateWaves.com (we’ll refer to it as the “Website”) that allows you to run your real estate business. Estate Waves is owned and operated by Home Investment Advisors Ltd, ("SCS CANADA CORPORATION ", "Our", “Us”, such definition being inclusive of HIA’s directors, officers, agents, employees, affiliates, independent contractors, representatives, successors and assigns ). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “You”).
These Terms, including our Agent Acceptable Use Policy, Privacy Policy, Client Terms of Use, and other terms that will be displayed to You at the time You first use certain features, (as may be amended by SCS CANADA CORPORATION from time to time) define the terms and conditions under which you’re allowed to use Estate Waves and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.
By using Estate Waves, you represent and warrant that you meet all the requirements listed above, and that you won’t use Estate Waves in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) SCS CANADA CORPORATION may refuse service, close accounts of any users, and change eligibility requirements at any time. You agree that any decision or choice you are making to use any of Our Services or information provided is your sole responsibility and SCS CANADA CORPORATION has no liability with respect to this decision.
The Term begins when you sign up for Estate Waves and continues until You cancel the Service or the Service is terminated by Us in accordance with these Terms (the “Term”). Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Estate Waves on behalf of an agent or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
You or SCS CANADA CORPORATION may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it, including your contacts from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
We may change any of the Terms by posting revised Terms on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Estate Waves. We may change the Website, the Service, or any features of the Service at any time.
You’re responsible for keeping your username and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don't have access to your current password, and for security reasons, we may only reset your password.
We don’t know the inner workings of your organizations or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party.
Our charges for monthly plans are posted on our Website and may be changed from time to time (“Monthly Fee”). If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your limit and reach another pricing level, then you have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level. Failure to pay these fees may result in the temporary suspension of your account until all due payments are paid in full. Interest shall accrue on any unpaid Monthly Fee from the Pay Date, at a rate of twenty percent (20%) per annum, calculated daily, compounded semi-annually.
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). Taxes are calculated based on the billing information that you provide us at the time of purchase. Any payment processed and declined may be subject to a service fee.
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Agent Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
We grant you a license to use Estate Waves during the Term of this Agreement.
You will respect out proprietary rights in the Website and the software used to provide Estate Waves (proprietary rights include trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets according to our Brand Guidelines.
You represent and warrant that you either own or have permission to enter and use all of the material you input into the Service and that your content does not violate the law nor anyone's rights. You warrant that you have consent, where applicable, to enter this information into SCS CANADA CORPORATION, and are following local real estate board rules and regulations. We may use or disclose your content only as described in there Terms and our Privacy Policy. SCS CANADA CORPORATION is not responsible or liable for any actions taken by you which may violate your local real estate board rules by entering any real estate data, and you expressly agree to indemnify SCS CANADA CORPORATION, its officers, directors and affiliates for a breach of this section.
We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
You agree that we may view, access, store and use any information that you provide in accordance with the terms of the Privacy Policy. By submitting suggestions or other feedback regarding our Services to SCS CANADA CORPORATION, you agree that SCS CANADA CORPORATION can use and share (but does not have to) such feedback for any purpose without compensation to you.
Our Services allow messaging and sharing of information in many ways, such as your profile, links to news articles, Internal Messaging, Forums and email communication. Information and content that you share or post may be seen by only those members you wish. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., sharing to a homeowner instead of to all of your homeowners).
Estate Waves is not a storage service, however Estate Waves does offer the ability for you and your Clients to store real estate related data and files on the Service. You agree that we have no obligation to store, maintain or provide you a copy of any content stored by your Clients such that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy. We strive to keep the Service up and running; however, all online services suffer occasional disruptions and outages, and SCS CANADA CORPORATION is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your content or data that you have stored.
If you violate any of these rules, then we may immediately suspend or terminate your account, without prior notice to you.
If you think anyone is violating any of these Terms, please notify us immediately
SCS CANADA CORPORATION reserves the right to limit your use of the Services, including the number of Your Clients and Your ability to contact other Members. SCS CANADA CORPORATION reserves the right to restrict, suspend, or terminate your account if SCS CANADA CORPORATION believes that you may be in breach of this Agreement or law or are misusing the Services.
TO THE EXTENT ALLOWED UNDER LAW, HOME INVESTMENT ADVISORS LTD. (AND THOSE THAT SCS CANADA CORPORATION WORKS WITH TO PROVIDE THE SERVICES)
(A) DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT);
(B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND
(C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, SCS CANADA CORPORATION MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES IN RESPECT OF THE SERVICE.
TO THE EXTENT PERMITTED UNDER LAW, SCS CANADA CORPORATION (AND THOSE THAT SCS CANADA CORPORATION WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY LOSS, CLAIM, ACTION, INJURY, OR DAMAGES, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SCS CANADA CORPORATION AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF SCS CANADA CORPORATION HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU. If you have any basis for recovering damages (including, but not limited to the breach of these Terms), you agree that your exclusive remedy is to recover from SCS CANADA CORPORATION an amount equal to the Monthly Fee for the month during which the breach occurred. This section shall survive the termination or cancellation of these Terms.
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like CASL, HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce or are specifically noted below.
(1) Canadian Anti-Spam LegislationBy using any of our services, in the context of outbound marketing or prospecting communications, you are representing and agreeing that you have received the express consent to contact the individuals, as required under Canadian Anti-Spam Legislation. A misrepresentation under this provision can lead to civil liability to you and a suspension of your account. You agree to indemnify and hold harmless SCS CANADA CORPORATION for any and all actions or causes of action, including costs, which may arise of any nature whatsoever, including administrative actions by a governmental body, by virtue of your breaching any statute or law. This section shall survive the termination or cancellation of these Terms.
(2) If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”) and/or distribute Campaigns or other Content through the Service to anyone located in the EEA (each such Member an “EEA Member”) in creating your Client Database, sending emails via the Service, and/or otherwise collecting information as a result of creating or sending emails, you represent and warrant to SCS CANADA CORPORATION. that:1. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Estate Waves and to enable such data to be lawfully collected, processed, and shared by Estate Waves for the purposes of providing the Service or as otherwise directed by you.
2. You will comply with all laws and regulations applicable to email sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully send emails, (b) the Content of email, and (c) your email deployment practices.
3. You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Estate Waves to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the Service.
In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses that result from your breach of this Section 23.
24. IndemnityYou agree to indemnify and hold SCS CANADA CORPORATION harmless from any losses, including, but not limited to, attorney fees (on a solicitor-client, full indemnity basis) that result from any claims you make that aren’t allowed under these Terms due to the “Limitation of Liability” or other provision. You also agree to indemnify and hold SCS CANADA CORPORATION harmless from any actions, claims, damages and losses, including, but not limited to, attorney fees (on a solicitor-client, full indemnity basis), in consequence of claims by any third party for any loss, injury or damage to them, their business or their property in connection with this Service and this Agreement, for which SCS CANADA CORPORATION are claimed or made liable. This section shall survive the termination or cancellation of these Terms.
To use the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a personal computer, laptop, tablet or cellular phone. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
You agree that the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the provincial courts of Alberta, Canada and we each agree to personal jurisdiction in those courts.
You agree that SCS CANADA CORPORATION is not responsible for content or information or for any damages as result of Your use of or reliance on such content and information, and you agree to indemnify and hold harmless SCS CANADA CORPORATION its directors, officers, employees, agents, consultants, successors and assigns for damages that result to your pursuant to this provision.
As a condition of your use of any of our services, you warrant to us that you will not use any of our services for any purpose that is unlawful, or is prohibited by this Agreement. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our website.
The Services may allow you to access or acquire products, services, web sites, links, content, material, or applications from third parties (companies or people who are not SCS CANADA CORPORATION ) ("Third-Party Sites and Services"). The linked Third-Party Sites and Services are not under SCS CANADA CORPORATION’s control and SCS CANADA CORPORATION is not responsible for the content of any Third-Party Sites and Services. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Website or any association with its operators. These Third-Party Apps and Services may also allow you to store your content or data with the provider, or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use the Third-Party App or Service. You should review any additional terms and privacy policies before acquiring or using any Third-Party Sites and Services. Any additional terms do not modify these Terms. SCS CANADA CORPORATION does not license any intellectual property to you as part of any Third-Party Sites and Services. You agree to assume all risk and liability arising from your use of these Third-Party Sites and Services and that SCS CANADA CORPORATION is not responsible for any issues arising out of your use of them. SCS CANADA CORPORATION is not responsible for information provided by third parties.
In some cases, the services may offer features that are restricted to only a licensed real estate professional in good standing at the respective real estate board. In these cases, if you are not a licensed real estate professional in good standing at the participating board in question, you will not be granted access to this feature.
Unless otherwise agreed in a separate writing, you agree that no joint venture, partnership, employment, or agency relationship exists between you and SCS CANADA CORPORATION as a result of the use of any of SCS CANADA CORPORATION available services. SCS CANADA CORPORATION performance is subject to existing laws and legal process, and nothing contained herein is in derogation of SCS CANADA CORPORATION right to comply with governmental, court and law enforcement requests or requirements relating to your use of our services or information provided to or gathered by SCS CANADA CORPORATION with respect to such use.
All images, copy and layouts contained in the SCS CANADA CORPORATION products are copyrighted by SCS CANADA CORPORATION, and may not be reproduced, edited or altered in any form. Also, you DO NOT have permission to re-design, or use part of any of our design to make another design (such as, but not inclusive of, a sign or logo).
You agree to keep your contact information up to date.
You will not transfer any of your rights or obligations under this Agreement to anyone else without our express written consent. We may assign our rights to any other individual or entity at our discretion.
If you want to send us notice, please contact us:
ONLINE at: https://estatewaves.com
OR BY EMAIL at: support@EstateWaves.com
The headers and sidebar text are provided to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this agreement is interpreted.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that SCS CANADA CORPORATION has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that SCS CANADA CORPORATION may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 34.
Failure to adhere or comply with any of the above terms may result in the unilateral termination of Your right to use Our Services, at Our sole discretion, and of Your account, and we further reserve all available legal remedies against You to pursue a damage claim, or any other legal remedy that is available in law, should one arise by virtue of Your breach of this provision or any other provision contained in these terms.
Unless otherwise specified herein, these terms constitute the entire agreement between you and us with respect to the Website and Service, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website and Service. The terms and conditions contained in this Agreement will apply to you regardless of the jurisdiction of your residence or where you are accessing the Websites or any of SCS CANADA CORPORATION services from.