This terms and conditions of use agreement constitute a binding legal agreement between you the user of this website (hereinafter referred to as “you” or the “user”) and Immo axess regarding the real estate web site www.immoaxess.com
PLEASE READ CAREFULLY By visiting the website www.immoaxess.com, you accept to be bound by the terms and conditions of this agreement and that is as long as you are navigating or using this website or are related to this website with your user name or free member's number and/or with one of the packages that you have purchased or otherwise received on this website.
1. Acceptance of terms and conditions The site www.immoaxess.com offers the internet users access to available information at time of connection. Immo axess allows the user to have a differentiated access to the information, particularly to the properties' search engine, to the properties for sale or rent descriptive texts and to the other contents made available through this website regarding the real estate world or that we believe to be of interest to the users (nonexhaustive list). The terms and conditions contained in this agreement apply to all products and services provided by Immo axess. By using our service, the user declares that he/she is using the service provided by Immo axess in compliance with applicable laws and the terms and conditions contained herein.
2. Copyrights and trade marks All the content (texts, illustrations and images) of the site www.immoaxess.com is protected by copyright under international copyright law. Any partial or total reproduction of this site is strictly prohibited. You are prohibited from modifying, copying, distributing, transmitting, displaying, representing, reproducing, publishing, licensing, transferring or selling any information, software, product or service obtained on this web site and from creating works derived from such activities unless you have obtained the prior written consent of Immo axess.
3. User name and password You are responsible for the confidentiality of your user name and of your password and you shall keep confidential your user name and password. Immo axess shall not be held responsible for any unauthorized use of your account. Should you learn or suspect that the confidentiality of your user name or password be compromised, you shall immediately notify Immo axess. Immo axess shall not be responsible for any loss or damage resulting notably from non observance of the security rules stipulated in this section. You shall read carefully the LIMITATION OF LIABILITIES contained in these terms and conditions and the other sections of this agreement regarding your responsibilities in connection with the services provided on the site www.immoaxess.com.
4. Use of the serviceYou are the only one responsible for the content of the advertising that you post via our service and of the consequences of your advertising content. You must use the site www.immoaxess.com only to promote and advertise the property or properties or services that you wish to sell or rent. You shall not use this service to carry out or send any study, survey, contest, pyramidal sale, chain letters, spam letters or to “hack” or to promote or advertise other sites with offending and/or illegal content or to do any other act or thing deemed inappropriate or illegal. You are also prohibited from doing any act which could affect or conflict with the rights of others or their enjoyment of the service. Although Immo axess reserves its rights to delete certain date and/or to restrain or prohibit the access to certain users, the whole at its sole discretion, that remains a faculty and not an obligation. Immo axess does not make any warranty or representation regarding the control of the content and of the information available on this site taking into account in particular the volume and transmission speed of the data of the service.
5. Withdrawal of advertisement It is the user responsibility to withdraw his/her advertisement posted on the site www.immoaxess.com. For the buy/sell and rent sections, the advertisement may be withdrawn in the two following ways: by using the function “out of the market” or by using the function “sold”. In both ways, the withdrawn advertisement may remain posted on the site www.immoaxess.com, at Immo axess sole discretion, for an additional period of one (1) month with the indication “out of the market” or “sold” and then be automatically withdrawn from the site. All the advertisements will remain on the server for an additional period of six (6) months and the user will be able to reactivate his/her advertisement by purchasing a new package. Following this six (6) months period, the advertisement will be automatically deleted from the server. As for the service advertisement, it will be automatically deleted from the server on user demand by using the “delete” function. It will then be impossible for the user to reactivate the advertisement and the user will have to purchase a new package to post a new advertisement.
At the end of the posting period for a package, all the advertisements will be automatically withdrawn from the site www.immoaxess.com . They will remain on the server for an additional period of six (6) months to be automatically deleted thereafter. During this six (6) months period, the user will be able to reactivate his/her advertisements by purchasing a new package.
At all times Immo axess reserves its right to withdraw any advertisement of which the content , in whole or in part, is determined by Immo axess to be of offensive character, illegal or heinous (see also section 7 of this agreement) without prior notification and without refund of any fees paid by the user to Immo axess, without prejudice to any other recourses available to Immo axess.
At all times, Immo axess reserves its right to withdraw any advertisement for which the fees payable to Immo axess have not been paid or for which fees the payment have been refused or contested afterward by the user or a financial institution or the provider of electronic business service.
6. Legal age The site www.immoaxess.com does not specify age restriction for navigating through its pages by its general public content but the purchase of any package is reserved to users aged eighteen (18) or older unless the user aged less than eighteen (18) years old is expressly authorised by law.
7. Illegal content It is prohibited to post on the site www.immoaxess.com text of a defamatory, violent, racist, obscene, or offending nature or illegal material which violate the intellectual property of others, under penalty of legal action. The user undertakes to use the service provided by Immo Axess in compliance with laws in force.
8. Security of personal information and network efficiency Immo axess does not guarantee in any way whatsoever total efficiency or security. It is possible that a computer pirate penetrate into the network or server. It is thus important to keep in mind that it is always possible that an individual with bad intentions reach the server of the site www.immoaxess.com and use for its own purposes certain personal information communicated by the users to Immo axess. In no event shall Immo axess nor any of its directors, employees, or agents be held responsible for any damage or loss caused or suffered in relation with acts of pirating or hacking. The site www.immoaxess.com can undergo occasional breakdowns and may contain programming errors independently of the will of its managers.
It is recommended that the user be vigilant when communicating its personal and financial information on the internet. Despite all the security measures put forward by Immo axess to ensure the security of the personal and financial information of the user, it is the user sole responsibility to make sure that the site used is indeed the securized site of Immo axess and that the use being made is secured and to secure its own installations. Immo axess shall not be held responsible for any damage caused to the user by misuse of the site or the internet.
Immo axess nor any of its directors, employees, or agents shall be held responsible if the user is not able to navigate on the site www.immoaxess.com for any reason whatsoever (bad understanding, defective phone or modem line, incompatible modem, broken cable or wire, bad configuration, bad browser,…).
9. External links Immo axess or any third party may make a link with other sites or sources. Immo axess does not have any tool to control such sites or sources and does not warrant in any way the content or the availability of such external sites or sources. Immo axess does not endorse nor approve the contents to which such sites or sources give access and Immo axess exclude any warranty or responsibility regarding such contents.
10. Payment and methods of payment 1. Price
The price for our products are indicated in Canadian dollars and applicable taxes are not included and will be added. All orders, no matter their origin, are payable in Canadian dollars. Immo axess reserves its right to change its prices at any time, without prior notice. The products are always billed in function of the prices in force at the time of the registration of the order.
The payment of your purchase is to be made by credit card. The accepted credit cards are those identified by our electronic business service provider. The price shall be paid in accordance with the payment procedure described at the time of registration of the order. The user agrees to pay the total price and additional charges related to the purchased product, including taxes. Immo axess may change the price following user notification. The user is the sole person responsible of the effective payment of the purchased product. ONLY THE USER IS RESPONSIBLE FOR THE PAYMENT BY CREDIT CARD OF THE PURCHASED PRODUCT. IMMO AXESS IS NOT RESPONSIBLE FOR PAYMENT PROBLEMS RELATED TO THE OPERATION OF THE ELECTRONIC BUSINESS SERVICE.
3. Transaction security
Immo axess is trying to make its site as secure as possible in order to protect its users, to the best of its knowledge. The financial transactions are secured by a security certificate and SSL crypting procedure to protect the most effectively possible the information transmitted. The users' financial information are not kept on the server used by Immo axess in order to avoid robbery of such information.
11. LIMITATION OF LIABILITIES Immo axess, its directors, employees and agents are not responsible and shall not be held liable for any damage, including incidental, consequential, indirect, special or punitive damages, or any loss whatsoever being caused to the user for any reason whatsoever.
Immo axess is a classified real estate advertising site and is a meeting point for the sellers or rentors of real estate properties and for potential buyers and renters and Immoaxess does not intervene in any way whatsoever in the process of selling or renting real estate properties. Immo axess, including its directors, employees and agents, shall not be held liable for any loss, claim or damage, direct or indirect, arising out of the use of the site, of the service provided on the site or of the transactions made between users of the site. The tools and information provided in the site www.immoaxess.com are for informative purpose only and does not constitute in any way whatsoever legal councils or forms. IT IS RECOMMENDED TO CONSULT LEGAL AND FINANCIAL ADVISERS BEFORE OFFERING TO BUY OR RENT A PROPERTY.
12. Choice of law and jurisdiction This agreement shall be governed by the laws in force in the Province of Quebec, Canada. You accept that any claim or litigation in connection with this agreement and the service and site of Immo axess shall be submitted to arbitration in accordance with the Code of civil procedure of Quebec (Canada), subject to the right for Immo axess to be able to resort to the courts of the judicial district of Montreal, Province of Quebec, to obtain an injunction.
13. Indemnification You agree to indemnify and hold harmless Immo axess, including its directors, employees and agents, from and against any liability, damage or loss in the event of any claim or legal proceeding following or related to the violation of these terms and conditions by you or any user of you access to the site www.immoaxess.com.
Without limiting the generality of the foregoing, you undertake to indemnify and hold harmless Immo axess, its affiliates, directors, employees and agents from and against any liability, claim, demand, damage, loss, action, legal procedure, including all attorneys' fees and judicial fees, arising out in any manner whatsoever of your fault or your failure to respect this agreement.
14. Superior force (“force majeure”) Immo axess shall not be held responsible for the non performance, in whole or in part, of any of its obligations toward you, nor for the damages or loss that you may suffer or incur, if such non performance is due to a superior force (“force majeure”) or from any event out of its will.
15. Solicitation Immo axess is a service intended to individuals looking for real estate properties and not to businesses willing to make client prospection. All communications with agents, brokers and owners, including email contacts and phone contacts, are reserved to request for information in connection with the properties for sale or rent. It is prohibited to solicit any agent, broker or owner for any other service.
16. Modification Immo axess reserves its right to amend this agreement at any time. You are bound by any such amendment and should therefore periodically refer to the link “terms and conditions” to take notice of any such amendment. IF AT ANY TIME YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, YOU MAY NOT USE THE SERVICE AND SHALL LEAVE THE SITE.