Terms of use

  1. INTRODUCTION

    Boss Agent by Casalova is a mobile real estate lead generation and CRM platform provided and made available by Casalova Inc. (“Casalova”, “we”,“us”or “our”) through a mobile application (the “Platform”).

    The following terms and conditions (the “Terms of Use”) are the terms and conditions for the Platform.

    PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM.

    These Terms of Use constitute a legally binding agreement between you and Casalova regarding your access to and use of the Platform, which includes, without limitation, registering for an Account on the Platform. By accessing or using the Platform, you agree to be bound by these Terms of Use. You should also read our Privacy Policy, which is incorporated by reference into the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use the Platform.

    If you are entering into these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms “you” and “your” shall refer to such entity and its affiliates and not to you personally. If you do not have such authority you must not accept these Terms of Use and may not use the Platform.

    These Terms of Use are effective as of May 1, 2018. Casalova may update or revise these Terms of Use from time to time. You agree that you will review these Terms of Use periodically. If you do not agree to the terms of these Terms of Use or any modified version of these Terms of Use, your sole recourse is to terminate your use of the Platform. If you breach any of these Terms of Use, your authorization to use the Platform automatically terminates and you must discontinue all use of the Platform.

  2. THE PLATFORM

    The Platform is a real estate platform that connects licensed real estate agents (each an “Agent”) with people seeking to rent or buy properties listed on Casalova.com (each a “Client”). The Platform allows Agents to grow their business with leads and to manage their client relationships. The Platform allows Clients to connect with nearby Agents.

  3. PROVISION OF THE PLATFORM

    Casalova grants you a non-exclusive, non-transferable limited license to use the Platform and only as permitted by these Terms of Use.

    You acknowledge and agree that the form and nature of the Platform may change from time to time without prior notice to you.

    You acknowledge and agree that we may stop (permanently or temporarily) providing the Platform (or any features within the Platform) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Platform at any time in accordance with the terms of this agreement.

  4. DISCLAIMER

    YOU UNDERSTAND AND ACKNOWLEDGE THAT THE PLATFORM IS A TECHNOLOGY PLATFORM THAT ALLOWS AGENTS TO CONNECT WITH CLIENTS SEEKING TO RENT OR BUY PROPERTIES. YOU UNDERSTAND AND AGREE THAT CASALOVA DOES NOT BROKER REAL ESTATE TRANSACTIONS. CASALOVA IS NOT A PARTY TO ANY REAL ESTATE TRANSACTION OR REAL ESTATE AGREEMENT ENTERED INTO BETWEEN USERS. CASALOVA DOES NOT ENTER INTO ANY FORM OF FIDUCIARY OR BROKERAGE RELATIONSHIP WITH YOU SOLELY BY YOUR USE OF THE PLATFORM.

    CASALOVA DOES NOT PROVIDE REAL ESTATE BROKERAGE, LEGAL, FINANCIAL, TAX OR ACCOUNTING ADVICE OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT CASALOVA IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN FROM AGENTS OR OTHER USERS ON THE PLATFORM. YOU ARE ADVISED TO CONSULT A QUALIFIED PROFESSIONAL BEFORE ACTING ON ANY INFORMATION.

  5. NO GUARANTEE

    CASALOVA DOES NOT GUARANTEE OR WARRANT THE CONDUCT OF ANY USER OF THE PLATFORM. BY USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO AN AGENT, CLIENT OR THIRD-PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. CASALOVA DOES NOT SUPERVISE OR HAVE ANY CONTROL OVER USERS. YOU AGREE THAT YOU ARE ENTIRELY RESPONSIBLE FOR THE ENTIRE RISKS ARISING FROM YOUR USE OF THE PLATFORM. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS IN YOUR INTERACTIONS WITH USERS AND THIRD PARTIES WHEN USING THE PLATFORM.

  6. ACCOUNTS

    In order to use the Platform, you must register for an Account. You must be over the age of 18 to register for an Account. You are solely responsible for ensuring that the use of the Platform in accordance with these Terms of Use in your jurisdiction of residence is permitted by law or regulation. If such use is not permitted by law, we prohibit all access to and use of the Platform.

    As part of the registration process, you will be required to provide us with certain information, such as your name, email address, phone number and a password. You may also be required to provide us with payment and banking information to facilitate payments to and from your Account. For more information about the information that we collect, please see our Privacy Policy. You agree that you will provide accurate, current and complete information about yourself and promptly update all information in your Account to ensure that your Account is accurate, current and complete. You may update or change your Account settings at any time. You are not permitted to provide any unauthorized person with access to your Account.

    If you are creating an Account(s) on behalf of a company, you represent and warrant that you have been authorized and have the necessary authority to create the Account and that you have shared all user names, passwords and access credentials with other authorized representatives of the company

    1. Account Confidentiality
      You are responsible for maintaining the confidentiality of your password. You must notify us if you become aware of a potential breach of security, such as the unauthorized disclosure of your password. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized use of your Client Account.
    2. Account Termination and Cancellation

      We may terminate, suspend or otherwise restrict or prohibit your access to and use of your Account or the Platform at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

      You have the right to close your Account at any time once all obligations associated with the Account have been completed. Please see Section 20, Termination and Cancellation, for more details.

      You acknowledge and agree that if we disable access to your Account, you may be prevented from accessing the Platform.

  7. USE OF THE PLATFORM BY YOU

    Your use of the Platform is subject to all applicable local, provincial and federal laws and regulations. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents (defined below) or any of our products and services for any purpose.

    You represent and warrant that you will not:

    • promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam;
    • promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, sexually explicit, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class;
    • upload, post or otherwise make available any material that contains viruses, malware or other malicious software
    • upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party;
    • engage in any activity that interferes with or disrupts the use of the Platform, including bypassing any measures we may use to prevent unauthorized access to the Platform;
    • engage in any activity that attempts to extract any proprietary software used to maintain the Platform;
    • track, trace or harvest any information on the Platform or any other person who visits the Platform; or
    • sell or otherwise monetize the Platform without our consent.

    You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which we may suffer) of any such breach.

  8. USE OF THE PLATFORM THROUGH MOBILE DEVICES

    You may access and use the Platform through a mobile device, including through a mobile application. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Platform through a mobile device.

  9. USER CONTENT

    We may permit you to submit, post, upload, publish or otherwise provide content, information, images, audio and video content, comments, feedback and materials (collectively, “User Content") to the Platform. You retain ownership rights in or to your User Content. By submitting User Content to the Platform, you grant Casalova and its affiliates a perpetual, non-exclusive, royalty-free, transferrable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, and publish the User Content for any purpose, without any further consent, notice and/or compensation to you or others.

    You further grant Casalova and its affiliates a non-exclusive, transferable, assignable, irrevocable, royalty-free, worldwide, perpetual licence to create aggregated, anonymized and de-identified User Content (“Aggregated Data”) and to use, store, display, modify, distribute and publish such Aggregated Data, and all modifications thereto and derivatives thereof (“Derivative Data”), for any purpose, including, without limitation, to improve the Platform, conduct research, develop new products and services and understand usage and for predictive analytics and insights. Casalova shall own all Derivative Data and may transfer or assign any of its rights in the Derivative Data to any third party.

    You agree and understand that any User Content you post or provide may be viewed by certain registered users on the Platform and will not be treated as private, proprietary or confidential.

    You are solely responsible for the User Content that you make available through the Platform and you represent and warrant that (i) you own or have all necessary rights to use the User Content and grant to us the rights granted above; (ii) the provision of the User Content will not infringe or violate any patent, copyright, trade-mark, or other intellectual property right of any third party; (iii) and the User Content does not violate any applicable law or regulation.

    We reserve the right to delete User Content that we, in our sole discretion, deem violates the law (including trademark and copyright law), these Term of Use, or is abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your User Content.

    We do not guarantee to pre-screen User Content. We do not guarantee that the Platform will be free from User Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Even in the event that we choose to monitor any User Content, we assume no responsibility for, or any obligation to monitor or remove such User Content. We reserve the right to edit, remove, or refuse to post any User Content or terminate your account for any reason.

  10. COMMUNICATIONS, NOTIFICATIONS AND ALERTS

    You may receive communications on the Platform from other users. We may also need to provide you with certain communications, notifications and/or alerts such as service notifications and administrative messages. These communications are considered part of the Platform and you may not be able to optout from receiving them.

  11. LISTINGS

    All information displayed in listings on the Platform is believed to be accurate but is not guaranteed and should be independently verified. No warranties or representations are made of any kind.

  12. AGENT SPECIFIC TERMS
    1. Relationship with Casalova

      Agents acknowledge and agree that Agents are not employees or agents of Casalova or any of our affiliated companies or partners. Agents are solely responsible for and have complete control, authority and supervision over all services provided by Agents to Clients.

    2. Representations and Warranties Agent represents and warrants that

      Agent:

      • Has the authority to enter into these Terms of Use and perform the obligations hereunder;
      • While using the Platform, will at all times act in a professional manner;
      • Will not create a false or fictional profile;
      • Will not make any false representations to Casalova or any other person who uses the Platform, including impersonation of any person or entity or misrepresentation of affiliation with any person or entity;
      • Is registered and in good standing as a real estate salesperson or broker in the jurisdiction in which the Agent operates; and
      • Complies with, and will continue to comply with, all applicable guidelines, requirements and standards applicable to real-estate professionals.

    3. Documentation and Information

      Agents acknowledge and agree that Casalova may, from time to time, conduct certain background checks on Agents to verify their status as an agent. Casalova reserve the right, in our sole discretion, to deactivate or otherwise restrict Agents from accessing or using the Platform if they fail to meet our standards, or the standards required by law.

      Agents agree to provide Casalova with the following documentation and information in the form and frequency determined by Casalova:

      • A current and valid government issued identification document (e.g., driver’s license);
      • A current and valid licence(s) and/or registration(s) required to provide real estate services in the jurisdiction in which the Agent operates;
      • Registration number (RECO, RECBC, etc.); and
      • Current real estate brokerage name.

      Casalova reserves the right to review and verify an original of any of these documents in our discretion.

    4. Subscriptions and Payment
      1. Subscription Plans

        We offer Agents various subscription plans for the use of features on the Platform (each a “Subscription” or “Subscription Plan”). A description of each Subscription Plan and the monthly fee for each Subscription (“Subscription Fee”) is set out on the Platform.

        Subscription Fees will be charged in advance to you on a monthly recurring basis on the calendar day corresponding to the commencement of your Subscription (“Renewal Date”).

        Each Subscription will automatically renew and continue month-to-month unless and until you cancel the Subscription. You must cancel the Subscription before the Renewal Date to avoid being billed for the renewal.

        Upon cancellation of the Subscription, the Customer will continue to have access to the features of the Subscription Plan through the end of the monthly billing period.

      2. Leads

        We offer Agents the ability to claim and/or receive new sale and rental leads (each a “Lead”) on the Platform. A Lead is defined as a client inquiry relating to a listing, building, neighbourhood, city, or general inquiry. Please consult the Platform for the various options to claim and/or receive Leads and how to pay for Leads.

      3. Price and Plan Changes

        We reserve the right to adjust Subscription Plans, Subscription Fees, other fees and the pricing of any product or service provided on or through the Platform in any manner and at any time in in our sole discretion. Any price changes to existing Subscriptions will take effect following email notice to you.

      4. Billing and Taxes

        When you make a purchase on the Platform, you authorize us to charge the applicable fee(s) to your designated payment method. We will bill you for applicable taxes as a separate line item on each invoice. You are responsible for payment of all sales and use taxes, value added taxes or similar charges. We use Stripe to process payments.

      5. Refunds

        All payments are non-refundable and there are no refunds

    5. Accepting Leads

      When an Agent accepts a Lead, the Agent must contact a Client through the Platform. We reserve the right to reassign a Lead.

    6. Estimated Commissions

      Estimated commissions on the Platform are only estimates of what we think Agents could earn on the sale of a property. We do not guarantee that an Agent will earn the estimated amount. Agents are advised to conduct their own due diligence prior to accepting or paying for Leads.

  13. DISPUTES

    All disputes between users on the Platform are between the users and not with Casalova. However, if you are unhappy with an Agent, you can register a complaint against the Agent. We will investigate and review all complaints within a reasonable period of time. After reviewing the complaint, we may, in our sole discretion, allow you to connect with a new Agent.

  14. LINKS TO THIRD-PARTY SITES

    Use of certain links on the Platform will direct you away from the Platform to third party websites. Such third party websites are not under the control of Casalova, and Casalova is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Platform are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk. You acknowledge and agree that Casalova shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.

  15. PRIVACY AND PERSONAL INFORMATION

    By accessing or using the Platform, you understand that we will collect and use certain information about you, including personal information. For more information about our collection, use, disclosure and protection of your personal information, please read our Privacy Policy at www.casalova.com/privacy-policy. Questions or requests with respect to your personal information may be sent via email to hello@casalova.com.

  16. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

    The contents of the Platform include, without limitation, all information, data, products, materials, services, software applications and tools, APIs, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term Platform includes all of the Contents.

    The Platform together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Platform, is the exclusive property of Casalova, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with Casalova, nothing in these Terms of Use gives you a right to use any of the Contents, Casalova’s trade-marks or other intellectual property of Casalova. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Platform to any party.

    No information or statement contained in these Terms of Use or the Platform shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of Casalova or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Platform, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Platform.

    Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

    The limited rights granted to you under these Terms of Use may be revoked by us at any time for any reason whatsoever.

  17. THIRD-PARTY INFORMATION

    Any third-party content, data or publications made available through the Platform are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s) and not of Casalova. CASALOVA DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

  18. WARRANTY DISCLAIMER

    SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES (INCLUDING THE PROVINCE OF QUEBEC). IN THESE PROVINCES AND TERRITORIES, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW.

    IN ALL OTHER PROVINCES AND TERRITORIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE PLATFORM IS PROVIDED TO YOU "AS IS" AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE PLATFORM, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE PLATFORM AT ANY TIME.

  19. LIMITATION OF LIABILITY

    SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN THOSE PROVINCES, WE WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.

    IN ANY OTHER CASE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CASALOVA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.

    THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

  20. TERMINATION AND CANCELLATION

    We may terminate your use of the Platform and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

    If you want to terminate your Account, you may do so by closing your Account, where we have made this option available to you. Your Account will be closed provided that (i) any disputes in which you have been involved have been satisfactorily resolved; (ii) you have met all outstanding payment obligations associated with your Account; and (iv) you have completed any other obligation(s) associated with your use of the Platform.

    When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and Casalova have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.

  21. GENERAL

    These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and Casalova relating to your use and our provision of the Platform.

    You agree that Casalova may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Platform.

    You agree that if Casalova does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to Casalova.

    If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

    The parties hereto confirm that they have requested that these Terms of Use and all related documents be drafted in English. Any French translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties. Les parties aux présentes ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais. Toute traduction de celle-ci est non-officielle, est fournie à des fins d’information seulement et ne crée aucun lien contractuel entre les parties.

    The laws of the Province of Ontario and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles. No e-mail address found on the Platform may be harvested or otherwise used for purposes of solicitation.

  22. OBTAINING CASALOVA’S CONSENT

    To request the consent of Casalova for any of the actions for which such consent is required under these Terms of Use, please send an e-mail to hello@casalova.com. Casalova reserves the right to refuse any such requests in its sole discretion.