Welcome to the Mississauga Real Estate Board eCommerce Website (the "Site"). The Site provides data and other information including, without limitation, articles, publications, videos, products, graphics, video, sound, images, icons, software, pictures and other materials ("Content") of interest to its members as well as other services such as membership and other payment services including the online purchase of MREB products or offerings (collectively "Services"). The Site, Content and/or Services are provided to you subject to your agreement to be bound by these terms and conditions of purchase and use ("Terms and Conditions"). BY ACCESSING OR USING THE SITE OR THE SERVICES OR PURCHASING OUR PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES OFFERED.
By accessing this Site or sending electronic mail to the Mississauga Real Estate Board, you offer your consent to communicate electronically with us. In doing so, you agree to receive communications from the Mississauga Real Estate Board electronically. We will communicate with you by electronic mail at the electronic mail address provided by you or that may be generally designated in advance for such purpose. You consent to receiving electronically all agreements, notices, disclosures and other communications that could be subsequently sent.
Login Names and Passwords
User accounts on the Site require the use of a unique login name and password. Passwords should not be obvious and should be changed regularly. You hereby agree not to share your login name and password with any other person. You agree that you shall keep your login name and password confidential and that you shall not disclose the user login name and password to any person or allow any person to use it unless you obtain the express written consent from the Mississauga Real Estate Board.
You shall immediately notify the Mississauga Real Estate Board if there has been any unauthorized use of your login name and password, if it has become known to another person or if it has been lost or stolen or otherwise compromised. You agree to respond promptly to all complaints and concerns relating to the use of your login name or password or your use of the Site. You agree that you are solely responsible and liable for any use or misuse of your login name and password and for all transactions or other activities that occur under your login name and password.
The security and privacy provided by using login names and passwords is not absolute and can be compromised. Your use of the login name and password is at your own risk and the Mississauga Real Estate Board cannot be held liable for the consequences arising from misuse or theft of your login information.
Use of the Site
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use the Site and the Services and the material provided hereon, for your use, being internal use within your business, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of the Site and/or our Services. You understand that only you may use your user account and password and that your use of our Services is only valid for your personal use and may not be shared with others outside your business or beyond the number of individuals within your business to which the license relates. You agree to be financially responsible for all usage or activities of any Services.
By using the Site and/or our Services, you agree to be legally bound and agree to abide by this Agreement. If you do not wish to comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to the Site (or any part thereof) and/or our Services. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Site or Services, including, but not limited to, (i) restricting the time the Site and/or Services are available, (ii) restricting the amount of usage permitted, and (iii) restricting or terminating any user's right to use the Site and/or Services. You agree that any termination or cancellation of your access to, or use of, the Site and/or Services may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you consent that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Site (or part thereof) and/or our Services. Further, you consent that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of the Site and/or our Services. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Site and/or our Services, or any policies or practices by us in providing the Site and/or our Services, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your use of the Site and Membership with Mississauga Real Estate Board.
From time to time, the Mississauga Real Estate Board reserves the rights to supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
Charges and Fees for Services
Use of the Site and/or Services by an individual who is an employee of a business, whether incorporated or not, constitutes a contract between us and both the individual or individuals using the Site and/or Services and the business for which they work. Any individual so accessing or using the Site and/or Services represents that by doing so he/she can bind the business for which he or she works in connection with this contract.
Certain portions, components, content and features of the Site are exclusive to individuals or businesses that are Members of the Mississauga Real Estate Board or obtain our explicit consent. By using the Services, you agree as follows:
A. You agree to pay, using a valid credit card accepted by the Mississauga Real Estate Board (or other form of payment which we may accept from time to time), the charges and fees set forth on the Site or other means agreed to between us, applicable taxes, and other charges and fees incurred in connection with your membership and/or the Services. The charges and fees on the Site are expressed in Canadian dollars and your credit card or other account will be charged in Canadian dollars. We reserve the right to increase charges and fees, or to institute additional charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Site or electronic media or any similar means as we may deem appropriate from time to time (including electronic mail or regular mail by Canada Post). Each time you use our Services you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we do not receive payment, we reserve the right to terminate your access to the Site and/or the Services.
B. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to the Site and our Services, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access the Site and Services.
C. For purposes of your usage of our Site and its ancillary Services including identification and billing, you agree to provide us with true, accurate and complete information as required by us, including your legal name, corporate or business name, address, telephone number, email address and all applicable billing information (e.g., credit card number and expiration date). You agree to maintain and promptly update your membership data to keep it accurate. Without limiting any other provisions of this Agreement, if any information provided is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that that this was done willfully, we reserve the right to suspend and/or terminate your user account or Membership and refuse any and all current or future use by you of the Site (or any portion thereof) or any of our Services.
You hereby confirm that the information provided to The Mississauga Real Estate Board is true, accurate, complete and current. You shall immediately notify us of any changes in the information you have provided including registration, billing, payment, shipment and other transaction related information. The Mississauga Real Estate Board will rely on the information you provide to be true, updated and accurate. We assume no responsibility or liability for any damages that may result from any false, inaccurate or incomplete information provided by you or your failure to update your information. You agree that you will be solely liable for all costs, losses and damages that you or The Mississauga Real Estate Board or any other third party incurs as a result of your submission of any false, misleading, inaccurate, or incomplete information or your failure to update your information.
D. If you fail to satisfy limitations set forth or if we terminate your access to the Site and/or one or more of our Services prior to the end of the applicable period, you hereby agree that all fees and charges assessed by us are non-refundable.
Renewal and Cancellation of Access
You can cancel your access at any time by contacting us. We will attempt to process all cancellation requests within 48 hours after your request has been received. However, we do reserve the right to collect fees, surcharges, or costs incurred prior to your cancellation taking effect.
Availability of Services
The availability and use of our Services may be limited based on criteria that we may establish from time to time. You understand and agree that we may disallow you from accessing our Services or may terminate your access to the Site and/or Services at any time based on these criteria.
Third Party Products, Services and Hyperlinks
You may order services, merchandise or other products through the Site from other parties (collectively, hereinafter referred to as "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no representations or warranties whatsoever with regard to any services, merchandise and other products provided by Third Party Sellers on our website. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to transactions with the Third Party Sellers.
The Site may contain links to Third Party Websites. The Mississauga Real Estate Board does not endorse the content contained in any of these Website(s) nor do we make any representations, warranty or condition, express, implied or statutory of any kind regarding any Third Party Websites, including without limitation any representation or warranty regarding the legality, accuracy, reliability, quality, completeness, timeliness, non-infringement, security, or suitability of any content on a third party Website. We do not make any representation or warranty regarding the merchantability and fitness for a particular purpose of any content, goods or services on or made available through any Third Party Websites. As well, The Mississauga Real Estate Board does not make any representation, warranty or condition, express, implied or statutory that the operation of any Third Party Website(s) will be uninterrupted, free of error, viruses or any other harmful components. The content, goods and/or services available on or through any Third Party Website(s) is not under our control and if you choose to access any Third Party Website, you do so entirely at your own risk.
Modifications to Services and Terms
Whenever new products or services are introduced on the Site as part of the Services, your use of such Services will be subject to these Terms and Conditions unless The Mississauga Real Estate Board notifies you otherwise. We reserve the right to change the terms and conditions of use at any time. Access or usage after such changes would automatically indicate your acceptance of these modified terms and conditions. You agree to review the terms and conditions of use on a regular basis.
By using the Site and/or Services after such changes, you accept these modified terms and conditions. You agree to read the terms and conditions each time you use the Site and/or Services.
Product Availability, Prices, Orders, Misprints and Errors
The Mississauga Real Estate Board cannot guarantee that the Services on the Site will be available to you or that the information contained on the Site will be free of misprints or other errors. We reserve the right, at any time, without notice or liability to you or any other person, to no longer make Products and/or Services available, change Products, prices, fees, shipping, service and other charges and to limit quantities of Mississauga Real Estate Board Products. We reserve the right to reject any orders submitted.
The advertisements on the Site are invitations to submit orders and are not offers to sell. The fully and properly completed and submitted order constitutes your offer to purchase Products identified in your submitted order. Your submitted order shall be deemed to be accepted only if and when the website sends an acceptance notice to your e-mail address. Should you not receive a response from The Mississauga Real Estate Board regarding a submitted order request, or if you experience a service interruption or error display, or other problem, it is your responsibility to confirm whether your order has been submitted. The Mississauga Real Estate Board will not be responsible for any losses attributable to an assumption by you that an order was not submitted because no response or acceptance was received by you.
The Mississauga Real Estate Board will accept certain items for exchange or refund within 30 days of date of purchase. Returns must be new, unused and in saleable condition accompanied by the original packaging and proof of sale. Refunds will be given using the same method as original payment. Note there are no returns on lockboxes or opened software. Shipping charges are non-refundable. However, The Mississauga Real Estate Board will refund your original shipping cost if you are returning an item due of an error on our part, or if we have determined that the product is defective or damaged. Items to be returned are the responsibility of the sender. The Mississauga Real Estate Board will not be responsible for returned items that are lost in transit.
You agree to pay for all purchased items or Services, including all applicable taxes and shipping charges. All prices, payments, shipping and associated costs are in Canadian dollars.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF CONDITIONS AND WARRANTIES:
THE PRODUCTS, SERVICES, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, PRODUCTS) ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER THE MISSISSAUGA REAL ESTATE BOARD, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SITE OR ANY FUNCTION CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCTS, SERVICES, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, PRODUCTS) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE MISSISSAUGA REAL ESTATE BOARD PRODUCTS).
NEITHER US, NOR ANY OF OUR AFFILIATES, OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, SERVICES, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE PRODUCTS) IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
SHOULD THERE BE A DISCREPANCY BETWEEN THE AMOUNTS AND BALANCES SHOWN ON THE SITE AND THOSE MAINTAINED IN OUR INTERNAL SYSTEM AND RECORDS, THOSE CONTAINED WITHIN OUR INTERNAL SYSTEM WILL SUPERSEDE AND TAKE PRECEDENCE.
FURTHERMORE, PLEASE BE ADVISED THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SITE SHALL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE (INCLUDING, WITHOUT LIMITATION TO OUR PRODUCTS); (B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, TO OUR PRODUCTS) ON THE SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE (INCLUDING, WITHOUT LIMITATION, OF OUR PRODUCTS); (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (F) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU DURING THE MOST RECENT 6 MONTH PERIOD, IF ANY, FOR ACCESSING THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITE.
You agree to indemnify, hold harmless and, at our option, defend The Mississauga Real Estate Board and our affiliates, and our officers, directors, employees, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable legal fees and expenses) arising from your improper use of the Site and/or Services, your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
Advice or opinions are not provided
The Content displayed is for information purposes only. It is not intended for the Content to be relied upon as professional or expert advice or opinions. You should seek professional advice, opinions and recommendations before acting or omitting to act based on any Content found on or through the Site.
You agree that only you are authorized to access and view the Site and its Content and make use of the Services solely for your own use and benefit and not for the benefit of any other person or entity unless you are authorized in writing to act as a representative of a Member Firm. You further agree that it is only where permission is specifically and expressly accorded on the Site pages or items comprising the Content or Services that you may retain a copy of those pages of the Site or items comprising the Content or Services for your use, provided that you maintain all copyright and all other notices contained therein and that you do not modify all or any portion of those pages or items. You are permitted to retain a copy of the Site Terms and Conditions.
You agree that you shall not use the Site, Services or Content for any commercial purpose or benefit, except as expressly permitted herein.
Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Site, in the Content or with the Services may constitute official marks, trade-marks or trade names of The Mississauga Real Estate Board or its licensors. The Site, Content and Services are protected under Canadian and international copyright laws and intellectual property laws and treaty provisions.
Title to the Site, Content and Services and the official marks, trade-marks or trade names displayed on the Site are owned by and shall remain with The Mississauga Real Estate Board and/or its suppliers. Nothing contained in these Terms and Conditions or on the Site shall be construed as conferring by implication, estoppel or otherwise any license or right to use any official marks, trade-marks, trade-names, copyright or other intellectual property rights of The Mississauga Real Estate Board or its suppliers. Any unauthorized use of the Site, Content or Services or the official marks, trade-marks, trade names, copyright or other intellectual property rights of The Mississauga Real Estate Board or its suppliers is strictly prohibited, and we reserve the right to take such steps as we deem necessary, including legal action, to enforce such rights.
Customer Data Protection
To ensure that customer data transmission is secure and protected, data is transmitted between a customer browser client and the ecommerce website using SSL (Secure Socket Layer) certificate with 128-258 bit of data encryption. The ecommerce service provider also remains fully compliant to the Payment Card Industry – Data Security Standards (PCI-DSS) at all time.
Content Provided by User
By sending electronic mail, messages, content or information to The Mississauga Real Estate Board you hereby grant a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license, including the right to sublicense to others, to use, reproduce, distribute, publish, modify, edit, translate, transmit, adapt, display, incorporate into other works or otherwise use the information and/or materials provided by you (in whole or in part) and/or incorporate such information and/or materials in any form, media or technology now known or developed in the future, with no compensation of any kind. By submitting or sending electronic mail, messages, content or information, you represent and warrant that you have the full right and authority to do so and that any use by The Mississauga Real Estate Board of the electronic mail, message, content or information will not violate the intellectual property rights of any person.
Prohibitions on User Information
You will not: (a) transmit, upload, post or otherwise make available any information or materials that (i) constitutes or encourages conduct, that would constitute a criminal offence or give rise to civil liability; (ii) is protected by copyright, trade-mark or other proprietary right without the express permission of the owner of the copyright, trade-mark or other proprietary right; (iii) is libelous, slanderous, defamatory, harassing, threatening or is otherwise injurious to a third parties; (iv) is hateful, bigoted or racially offensive; or (v) is vulgar, obscene, discourteous, indecent or pornographic; (b) interfere with other users' use of the Site or the Services, (c) post, upload or transmit materials that contain a virus, disabling devices or other code that manifests contaminating or destructive properties; (d) post, upload or transmit materials for advertising or commercial solicitation; or (e) otherwise use the Site or the Services in a manner which would serve to restrict or inhibit any other user from enjoying the Site or the Services.
Governing Law and Jurisdiction
All matters relating to your access to or use of the Website or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, notwithstanding conflict of laws principles. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Site.
The Mississauga Real Estate Board may at its sole and absolute discretion cancel or terminate your right to use the Site or any part of the Site at any time, without notice or liability to you or any other person. In the event of termination, the Terms and Conditions shall continue to apply and be binding upon you with respect of your prior use of the Site and of Content.
The failure by The Mississauga Real Estate Board to require or enforce the performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Each provision of the Terms and Conditions is severable from the other Terms and Conditions and if any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the other Terms and Conditions will continue to have full force and effect.
©2017 The Mississauga Real Estate Board. All rights reserved. No part of the Website or the Content may be reproduced, modified, distributed, published, sold, licensed, broadcasted, retransmitted, circulated in any form or used in any way without the prior written consent of The Mississauga Real Estate Board. To request such consent, please contact:
The Mississauga Real Estate Board
1-3450 Ridgeway Drive
Mississauga, ON L5L 0A2
These Terms and Conditions were last updated on: June 30, 2021.