Terms of Use

Terms of Use

The following terms of use, together with any documents and/or additional terms they expressly incorporate by reference (collectively, the “Terms of Use“) govern your access to and use of: (a) our website available at www.sousasells.ca (the “Website“) including any content and functionality (collectively, the Website); (b) any text, pictures, media, data, information, materials and other content (collectively, the “Content“) contained on or provided through (a); and (c) all other products or services provided by us to youon or through [geturl] (collectively, the “Offering(s)“). References in these Terms of Use to SousaSells.ca will include where applicable the Content and the Offerings.

BY USING [geturl] IN ANY WAY OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH [geturl] IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT ACCESS OR USE [geturl] .

IF YOU ARE USING [geturl] ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any Offerings.

Changes to these Terms of Use and [geturl]

(a) Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change any element of these Terms of Use at any time. When we change these Terms of Use, we will: (i) place a notice on the [geturl] Website, send you an email, or notify you by some other means as required by applicable law; (ii) post a new version of the Terms of Use to [geturl] ; and (iii) update the “Last Updated” date at the top of these Terms of Use. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of [geturl] is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using [geturl] . Otherwise, your continued access to or use of [geturl] after any changes to these Terms of Use indicates your acceptance of such changes.

(b) We reserve the right to change [geturl] at any time, without notice. We may, at our discretion, suspend your access to or use of [geturl] or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; or (iii) to address any emergency security concerns. You may need to update third-party software from time to time in order to use [geturl].

User Account

(a) To access certain features of [geturl], you may be required to successfully sign up for a user account using the available interfaces of the services, and establish login credentials (the “User ID“). If you establish a User ID, you will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person. You must provide us with true, accurate, current and complete information for your User ID. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to [geturl] .

(b) We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing [geturl] (or any portion thereof).

(c) [geturl] Ventures is entitled to act on instructions received through your account. [geturl] Ventures is not responsible for any actions taken or transactions made to or from your account by any other party using your User ID. You are solely responsible for any and all use of your User ID and all actions and activities that occur under or in connection with the User ID. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of [geturl] and your account, including without limitation terminating your account or changing your password. You agree to be responsible for any act or omission of any users that access [geturl] under your User ID that, if undertaken by you, would be deemed a violation of these Terms of Use. If a username and password, or any other access credentials, are provided to you as the end user, it is your responsibility to keep such information confidential.

Electronic Communications

(a) When you use or view [geturl] or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, by text message, or by posting notices on [geturl] . You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

(b) If you elect to receive text messages through [geturl], standard data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of [geturl] .

(c) By creating an account to access [geturl] , you acknowledge and agree that [geturl] Ventures will send you service-related e-mails and text messages relating to your account, including service updates. These communications can be managed through user features made available through [geturl] from time to time. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must uninstall, delete and stop using [geturl]. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email, telephone number or contact information so that you continue to receive all communications without interruption.

User Data and Privacy

(a) By using [geturl] , you acknowledge and agree that [geturl] Ventures will be transmitting certain of your Personal Information electronically.

(b) You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to access, collect, store and use any data, information, records or files that you load, transmit to or enter into, or that we collect from, [geturl] , including your Personal Information (collectively, “User Data“): (i) to develop, enhance and make available [geturl]; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Data“). We and our affiliates and service providers, and each of their and our respective licensees, successors and assigns are free to create, use and disclose Aggregated Data during and after the Term for any purpose and without obligations of any kind. To the extent permitted by applicable law, [geturl] Ventures will not be liable for any failure to store, or for loss or corruption of your User Data.

(c) Please review our current privacy policy, which contains important information about our practices in Handling information about identifiable individuals (“Personal Information“), and which is hereby incorporated into and forms a part of these Terms of Use. The term “Handle” means to access, receive, collect, use, transmit, store, process, record, disclose, transfer, retain, dispose of, destroy, manage or otherwise handle.

(d) You represent and warrant to us that: (i) your User Data will only contain your own Personal Information or Personal Information in respect of which you have provided all necessary notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available [geturl] and Handle the User Data as contemplated under these Terms of Use; (ii) you own or control the appropriate rights in and to your User Data , including any intellectual property owned by third parties; and (iii) you will not submit, upload, or otherwise make available via [geturl] , any User Data that: (A) you do not have the rights necessary to use, transmit, publish, or to grant us the license as described herein; (B) infringe, misappropriate, or otherwise violate any intellectual property, publicity or other rights of any third party; or (C) breach or violate any applicable laws or these Terms of Use.

App Updates and Upgrades

You acknowledge that [geturl] Ventures may from time to time issue updated or upgraded versions of [geturl] , and may (subject to your device settings) automatically electronically update or upgrade the version of [geturl] that you are then currently using on your browser. You consent to receive updates or upgrades to [geturl] automatically without providing further consent each time. [geturl] (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in [geturl] description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Policy. We are not responsible if an update or upgrade affects how [geturl] works if this is caused by your own equipment or device not supporting the update or upgrade. You can withdraw consent at any time under certain conditions by contacting us in the manner described below.