Sixy.ca Terms and Conditions of Use
These Sixy.ca Terms and Conditions of Use (“Terms of Use”) comprise a legal agreement between Sixy Inc. (“Sixy Inc.”, “Company”, “we”, or “our”) and you, the person, who has legal capacity to enter contracts (“you”), accessing and/or using the Sixy.ca website, including when we provide any services or when you purchase, request, or obtain any services, including, but not limited to, from or on the Sixy.ca website (each a “Service”) (the foregoing, collectively the “Website”). For greater certainty, and without limiting the generality of the foregoing, the turnkey real estate website package subscription services available for purchase on the Sixy.ca website, including, but not limited to, “SIXY WEBSITE” and “SIXY WEBSITE PRO – IXACT CRM & EMAIL MARKETING” are each a Service.
These Terms of Use set forth the legally binding terms and conditions for the use of the Website that is owned, operated and maintained, directly or indirectly, by Sixy Inc., and all other sites owned and operated by Sixy Inc. that redirect to the Website, all subdomains provided through such other sites or the Website, and all downloadable applications, features, functionality, content or information that is made available or provided on this Website.
BY USING THE WEBSITE, YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, YOUR AGREEMENT TO BE BOUND BY, AND YOUR LEGAL CAPACITY TO BE BOUND BY, THE TERMS AND CONDITIONS OF THESE TERMS OF USE WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE WEBSITE.
IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS OF USE YOU MAY NOT ACCESS OR USE THE WEBSITE AND MUST EXIT THE WEBSITE.
In consideration of the mutual promises and agreements contained in these Terms of Use and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you and Sixy Inc. agree as follows:
- Purpose and Website Services
The Website is made available to you for the purpose of providing you with information and temporary access to personalized, turnkey realtor websites for your real estate business. From time to time, the Website may provide certain services (each a “Service”), which Services may be subject to the acceptance of the terms and conditions of use specific to that Service (“Service Terms”) and all other operating rules, policies, and procedures that may be published on the Website by Sixy Inc. from time to time and which will be made known to you prior to your use of any such Services. You understand and agree that any and all Service Terms apply in addition to, and do not replace, these Terms of Use. In the event of any inconsistency between these Terms of Use and any applicable Service Terms, these Terms of Use shall prevail, but only to the extent of such inconsistency and only when governing the use of the applicable Service. Sixy Inc. reserves the right to change the Website or change, eliminate or interrupt any of the Services upon thirty (30) days’ notice and for any reasons whatsoever.
- Acceptance and Modification of Terms
The Website and Services are offered subject to acceptance of all of the terms and conditions contained in these Terms of Use. Sixy Inc. reserves the right to modify or replace the Terms of Use, including sections 3 to 32. Should Sixy Inc. wish to modify or replace these Terms of Use, it will provide you with notice of such changes by posting an icon on the Website indicating same for 30 days prior to the coming into force of the changes. If you use the Website after receiving notice of any such modification or replacement, you are deemed to have read and are indicating your acceptance of, and you agree to be bound by, the modified or replaced terms of use, which modified or replaced terms of use shall be the Terms of Use.
- Minors
The Website and Services are not marketed or directed toward children or any person under the greater of: the age of 18 or the age of majority in the jurisdiction where you reside (the “Majority Age”). Children or any person under the Majority Age may use the Website and Services only with the involvement and consent of a parent or guardian. Such parent or guardian shall be the person deemed to be accessing and using the Website and Services and the proper contracting party under these Terms of Use. Such parent or guardian is deemed to have read, and agrees to be bound by, these Terms of Use.
- Registering for the Website Account
If you enrol in Sixy Inc.’s Services and consent to use the Website, you may have the option to create a profile on the Website that saves your Personal Information (as defined herein) (“Website Account”), which will be managed in accordance with Sixy Inc.’s information management policies and procedures including those pertaining to the collection, use and disclosure of Personal Information (as defined herein). Features and functions of the Website and Sixy Inc.’s policies and procedures for information handling may change without notice and it is your responsibility to ensure that you understand how to use the Website in accordance with these updated policies and procedures.
Your Website Account will be password protected and only you will have access to the Website using this account. Your Website Account consists of an online email address (“Email”), username (“Username”), and a password (“Password”). In order to receive a Website Account, you agree (i) to provide, true, accurate, current and complete information as prompted by a registration form about you; and (ii) to maintain and promptly update such information to ensure it remains true, accurate, current and complete. If Sixy Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sixy Inc. has the right to suspend or terminate your Website Account and your access to all or part of the Website.
To access and use certain features of the Website, you will need to provide Sixy Inc. with certain current, complete, and accurate information, including your first name, last name, and other names that identify you, your email address, your address, including shipping address and billing address, your telephone number, your website domain name, brokerage name, Real Estate Council of Ontario (RECO) license, credit card information (depending on payment method selected), and any other data or information that has been requested by Sixy Inc. and provided by you to Sixy Inc.
In these Terms of Use, “Personal Information” means any information about an identifiable individual, such as your first name, last name, and other names that identify you, your email address, your address, including shipping address and billing address, your telephone number, brokerage name, Real Estate Council of Ontario (RECO) license, any data about you that you elect to provide electronically through the Website, and any other information that identifies who you are. Personal Information will be used by Sixy Inc. solely in accordance with these Terms of Use and Sixy Inc.’s Privacy Policy (the “Privacy Policy”).
You are responsible for maintaining the confidentiality of the Password you use in association with your Website Account and are responsible for all activities that occur under your Username and Password. You agree to notify Sixy Inc. immediately of any unauthorized use of your Username and/or Password or any other breach of security, and to ensure that you log out from your Website Account at the end of each session. Sixy Inc. will not be liable for any loss or damage arising from your failure to protect your Username or Password from loss or inappropriate use.
- Content
The Website and Services may include images, text, works, visual files, audio files, sounds and other content, data, and services that are owned by third parties (“Third Party Content”). You agree that all of the terms and conditions of these Terms of Use relating to the Website and Services apply to your access to and use of any Third Party Content and you further agree to comply with any terms and conditions that are specific to the Third Party Content, including the terms and conditions specified under these Terms of Use. Sixy Inc. is not responsible, and assumes no liability, for any Third Party Content. Without limiting the generality of the foregoing, Sixy Inc. uses the following Third Party Content on the Website:
- Stripe, a payment processing software and application programming interface, owned by Stripe, Inc., whose terms can be found here or at https://stripe.com/en-ca/ssa;
- IXACT Contact, a real estate customer relationship management (CRM) and marketing automation system, owned by IXACT Contact Solutions Inc., whose terms can be found here or at https://www.ixactcontact.com/subscriber-agreement/; and
- Constant Contact, an email marketing software, owned by Constant Contact, Inc., whose terms can be found here or at https://www.constantcontact.com/ca/legal/terms.
All content and data made available by Sixy Inc. through the Website, including any Third Party Content, (the “Sixy Inc. Content”) is protected by copyright law and owned solely and exclusively by Sixy Inc. and/or third parties. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Sixy Inc. Content; (b) market, sell, re-sell or make commercial use of the Website or any Sixy Inc. Content; (c) systematically collect from the Website and use any Sixy Inc. Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Website or the Sixy Inc. Content.
If you make any information, data or content available to Sixy Inc., including by contacting Sixy Inc., or providing comments or ideas about Sixy Inc.’s Services or the Website (“User Content”), you are deemed to grant Sixy Inc. a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Website without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Website or that is made available using your Website account. If you make User Content available, you represent that you have the right to do so. You may not post violent, nude, partially nude, obscene, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive User Content on or through the Website. Sixy Inc. may remove any User Content that the Sixy Inc. deems objectionable. You understand and agree that Sixy Inc. cannot and will not be responsible for the User Content and you use the Website at your own risk.
- Copyright and Limited License
Sixy Inc. hereby grants you a limited, non-transferable, non-exclusive, non-sub-licensable and revocable right and license to (a) access the Website and the Sixy Inc. Content for the purpose of receiving the Services in accordance with these Terms of Use and (b) access, view and print any information and documentation made available on the Website and the Sixy Inc. Content, only to assist you in the access and use of the Website and the Services. Except for the limited licenses and rights expressly granted to you in the Terms of Use, these Terms of Use do not grant you any other right or license, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of Sixy Inc. or any third party. Sixy Inc. may terminate this license at any time for any reason whatsoever. You must also abide by any additional requirements governing the use of any special Content that may be set out in the Website.
- Suspension, Termination of Access, and Closing of Accounts
Access to and participation in the Website is entirely voluntary. You may discontinue your participation in the Website at any time by notifying Sixy Inc. Should you discontinue your participation in the Website, or if your access to the Website is discontinued or terminated for any reason, your Website Account Username and Password will be deactivated. Where a Website Account holder decides to discontinue participation in the Website, access by all Website Users linked under that Website Account will be terminated and their Usernames and Passwords deactivated.
Sixy Inc. may suspend or terminate your access to the Website or any Services immediately without prior notice and without further obligation or liability to you if, in Sixy Inc.’s sole, absolute, and unfettered discretion, we determine you have breached these Terms of Use. Sixy Inc. may also suspend your access to the Website or any Services or terminate these Terms of Use at any time without written notice to you for any reason whatsoever. If the Terms of Use are terminated for any reason, you are still bound by the Terms of Use as set out herein. Sixy Inc. has no liability of any kind or any nature whatsoever to you solely by reason of any change, modification, suspension or discontinuance of the Website or any Services in accordance with its terms. You agree that you shall not make any claim against Sixy Inc., including with respect to any lost revenue, profits or opportunities as a result of such change, modification, suspension or discontinuance or on account of any expenditures made or actions taken in reliance on the expected continuation of the Website, any Services or these Terms of Use.
For greater certainty, and without limiting the generality of the foregoing, if your access to any Services is terminated, regardless of the reason for the termination, you will no longer have any rights in or to, including access to, those Services.
The disclaimers, limitations on liability, termination, interpretative provisions, and your warranties and indemnities contained in these Terms of Use apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law. Furthermore, nothing herein shall be construed as Sixy Inc.’s agreement to the application of any such statutes conferring any such rights.
To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, interpretative provisions, and your warranties and indemnities shall survive any termination of these Terms of Use. Sixy Inc. shall not be required to refund to you any amounts prepaid, if any, for use of the Website or any Services if Sixy Inc. has terminated your account or your use of, or access to, the Website and/or any of the Services for breach of these Terms of Use. Sixy Inc. may also terminate your access to the Website without notice at any time for any reason whatsoever, and any fees or charges paid by you in advance, if any, shall be refunded on a pro rata basis.
- Use Restrictions
You agree that when using the Website you will not: (a) transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (b) transmit data or content which violates or infringes any third party rights, is false, misleading or inaccurate or is injurious to a third party or defames, libels or disparages any third party; (c) to the maximum extent permitted by applicable law, interfere with or circumvent any copyright or other technical protection mechanism or reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the Website or any software or technology or content forming part thereof; (d) transmit data which constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; (e) transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law; (f) use the Website or Services to harvest addresses, send spam or otherwise breach these Terms of Use or the Privacy Policy; (g) use any spider, robot or other automated or electronic agent to monitor or copy web pages or any content from the Website or for any other purpose in connection with your access to and use of the Website; (h) take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Website or to shut down, overload or overwhelm the Website; (i) copy, republish or redistribute any part of the Website, including by caching, framing or similar means, without the prior written consent of Sixy Inc.; (j) transmit any data or content that could be considered personally-identifiable information, except where requested by Sixy Inc., or personal health information; or (k) upload or make Postings (as defined in these Terms of Use) that exceed a reasonable amount of server usage for an ordinary real estate listings website, as determined by Sixy.ca in its sole, absolute, and unfettered discretion.
For greater certainty, Sixy Inc. may suspend or terminate your access to the Website or the Services, as described in section 7 of these Terms of Use, if you breach any of the foregoing use restrictions.
- Availability
Sixy.ca will use commercially reasonable efforts to make any Services available to you 95% of the time during Service Hours (as defined in these Terms of Use). “Service Hours” means 24 hours per day, seven days per week, 365 days per year during the term of your subscription to the Services other than during any Maintenance Period (as defined in these Terms of Use) or as otherwise provided for herein. “Maintenance Period” means: (i) Sunday 02:00 ET to 05:00 ET or such other time as Sixy.ca or the hosting provider of the Website or the Services may determine; and (ii) when access to the servers on which the Services or the Website is hosted is suspended by the hosting provider for any reason. For the purposes of this section 9, “available” means that you are able to access and use the Services, and availability is measured as follows: Service Hours (in minutes) during a calendar month during the term of your subscription to the Services, minus time (in minutes) during such month when the Services are not available to you, divided by Service Hours (in minutes) during a calendar month during the term of your subscription to the Services, with the result expressed as a percentage. The measurement for availability described above excludes all Maintenance Periods.
Sixy.ca shall not be responsible for a failure to meet the availability target set forth in section 9 of these Terms of Use to the extent that such failure is attributable to: (i) any circumstance or events beyond the reasonable control of Sixy.ca, including due to a Force Majeure Event (as defined in these Terms of Use); (ii) your acts, errors, omissions, or breaches of the terms of these Terms of Use, including due to any problems or errors with any computer equipment or network that is your responsibility; and (iii) any issues originating with, or failures of, computer equipment or networks that are not the responsibility of Sixy.ca or within its direct control, including public telecommunications services and services provided by a hosting provider. Sixy.ca does not guarantee or warrant continuous or uninterrupted availability of the Website or the Services. The hosting provider reserves the right to suspend its services, which may impact the access to the Website or the Services.
Your sole and exclusive remedy for any failure by Sixy.ca to meet the availability target set forth in section 9 of these terms shall be the provision of support services and any such failure shall not be a breach of the terms of these Terms of Use.
- Electronic Notices
Sixy Inc. will send you notifications, alerts and other communications by email (at the email address provided on your Website Account) and/or through the Website, including:
- Alerts and requests for information in relation to identity theft and other fraud or security-related activities;
- Requests for information that may be required in connection with Sixy Inc.’s legal obligations;
- Notifications containing legal disclosures;
- Communications arising from all manner of legal actions, causes of action, complaints, claims, applications to administrative tribunals, legal demands or otherwise;
- Notifications of corporate actions that require your attention;
- Alerts providing you with reminders or Account-related instructions; and
- Other Account-related alerts requested by you.
You agree that receipt of these notifications, alerts and other communications by email as determined by Sixy Inc. is a mandatory and integral part of your Account.
- Risks of Using Email
The security of email messages is not guaranteed. Messages sent to, or from, Sixy Inc. may be seen by others using the Internet. Email is easy to forge, may be accidentally forwarded, and may exist indefinitely. For this reason, it is recommended that you do not use email to discuss information you think is sensitive. If you decide to use email, please inform Sixy Inc. if there are certain types of information that you do not want to discuss by email. Do not use email in an emergency because email can be delayed.
- Rules Governing Postings Made to the Website
The Website may provide features which allow you to participate in discussion groups, to communicate with Sixy Inc., its agents and other third party users and to otherwise post/upload/communicate information, files, documents, or other materials (“Postings”). Sixy Inc. does not control the content of any Posting and has no obligation to monitor any Posting. While Sixy Inc. may attempt to delete insulting, offensive or inaccurate Postings, it cannot prevent them from being uploaded and is not responsible for their content or any damages resulting therefrom. However, Sixy Inc. reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to upload or to remove any Posting, in whole or in part, that, in Sixy Inc.’s sole, absolute, and unfettered discretion, are objectionable, inaccurate, misleading or in violation of these Terms of Use. For greater certainty, Sixy Inc. will fully cooperate with any legal obligation to disclose the identity of anyone posting threatening, libelous, obscene, pornographic, profane or otherwise offensive or illegal materials. You acknowledge that you alone are responsible for the content of Postings to the Website and the consequences thereof.
The Website is used by multiple users and we ask each that each user respect the rights of each other user of the Website. It is a condition of your use of the Website that you do not:
- Restrict or inhibit another user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website or do anything which, in the sole, absolute, and unfettered discretion of Sixy Inc., imposes an unreasonable or disproportionately large burden on the Website infrastructure;
- Post or transmit any unlawful, abusive, defamatory or obscene information of any kind, including, without limitation, any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
- Post or transmit any information, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein or derivative works with respect thereto, without first obtaining permission from Sixy Inc. or rights holder;
- Post or transmit any information or material which contains a virus or another harmful component;
- Post or transmit “junk mail”, “chain letters”, unsolicited mass mailing or “spam”;
- “Mine” or otherwise use the Website for commercial purposes, including, without limitation, posting, or transmitting any information or material which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising and pyramid schemes; or
- Engage in any other behavior in connection with the Website which Sixy Inc. in its sole, absolute, and unfettered discretion determines is objectionable.
Subject to any applicable law, any Postings made using this Website or otherwise made to Sixy Inc. are made on a non-confidential basis. Any data contained in the Postings in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is non-confidential information. Sixy Inc. is under no obligation to refrain from reproducing, publishing or otherwise using them, and may use them, in any way or for any purpose. You agree to not assert any ownership right of any kind in such communications (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to Sixy Inc. to use, copy and display all Postings, and waive the right to receive any financial or other consideration in connection with such Postings including, without limitation, acknowledgement of yourself as the source of such Postings.
- Privacy of Personal Information
At the time of Website Account registration on the Website, by accepting these Terms of Use you provide Sixy Inc. with your express consent to collect, use and dispose of Personal Information that you provide to Sixy Inc. in accordance with our Privacy Policy, for the purpose of providing you, and any person you authorize, with consolidated online access to the Website.
You can permanently remove Personal Information from your Website Account at any time. In case you want to recover the deleted information, Sixy Inc. may be able, at its sole, absolute, and unfettered discretion, to retrieve a back-up copy of the Personal Information which was stored on the Website for up to 30-days after you instruct the Website to delete this information. Otherwise, Personal Information, including any that was paid for through the use of the Website, are permanently removed from the Website and must be recreated on the Website or repurchased.
In the event that you save, print, fax, or transmit copies of your Personal Information from the Website (“Downloaded Information”), you are responsible for maintaining the privacy and security of this information. Sixy Inc. will not be liable for loss, theft, or any consequences arising from misuse of Downloaded Information.
Any Personal Information placed on the Website or otherwise provided to Sixy Inc., in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered confidential information (“De-Identified Information”). You agree that in the event you delete Personal Information from the Website, Sixy Inc. may maintain a copy in the form of De-Identified Information. Sixy Inc. is under no obligation to refrain from reproducing, publishing or otherwise using this De-Identified Information, and may use them, in any way or for any purpose. You agree to not assert any ownership right of any kind on such information (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to Sixy Inc. to use, copy and display all De-Identified Information, and waive the right to receive any financial or other consideration in connection with such De-Identified Information.
- Cookies and Computer Data
You agree that Sixy Inc. has the right to monitor and review your use of the Website and Services from time to time, and to access, collect, store, and use your Internet Protocol address (IP address), type of device, device specifications, cookies, log files, and social network remarketing pixels for the purpose of your access to and participation in the Website, in accordance with the Privacy Policy.
- Support
Sixy Inc. may in its sole, absolute, and unfettered discretion, and subject to the limitations of these Terms of Use (or as may be posted on the Website from time to time), provide you with troubleshooting support concerning your use of the Website and any Services.
- Fees and Refund Policy
In consideration for the Services provided by Sixy Inc. to you, you agree to pay the fees for such Services as communicated to you via the Website, via email, via any contact information that you provide to us, or as otherwise communicated to you.
Any fees payable to Sixy Inc. for services are in Canadian dollars and considered final payments. If and where Sixy Inc. invoices you for any Services, any additional payment terms are stated: on the Website; at the point of sale, including via a third-party; in your agreement with Sixy Inc.; on the invoice; or in any other place or medium or media in connection with the provision of any such Services. You agree that you are bound to pay to Sixy Inc. all of the foregoing fees immediately upon receipt of any such invoice. No refunds will be given on fees paid except at the sole, absolute, and unfettered discretion of Sixy Inc.
You may request, and will receive, a refund of the fees paid for a Service within thirty (30) calendar days of the purchase of, including subscription to, that Service. In all other circumstances, you agree that no refunds will be given on fees paid except at the sole, absolute, and unfettered discretion of Sixy Inc.
You agree that it is a breach of these Terms of Use if you file for, request, or obtain a chargeback from any third party, including but not limited to from any credit card provider, payment gateway, or financial institution, of any fees payable or paid to Sixy Inc. (“Chargeback Event”).
In the event of a Chargeback Event, you agree to pay to Sixy Inc. as liquidated damages for this breach of these Terms of Use the sum of: i.) the greater of the original purchase price and any amount that you recover; and ii.) our actual costs paid to any third party, including but not limited to from any credit card provider, payment gateway, or financial institution, in connection with the Chargeback Event; and iii.) the value of the time that our owners, directors, officers, employees, and agents spent in connection with the Chargeback Event as determined in our sole, absolute, and unfettered discretion; and iv.) our actual costs paid to a collections agency in connection with the Chargeback Event; and v.) our reasonable lawyers’/attorneys’ fees, including associated costs, expenses, and disbursements, in connection with the Chargeback Event (the sum being the “Liquidated Damages for a Chargeback Event”).
In the event of a Chargeback Event, Sixy Inc. also reserves the right to suspend your Website Accounts and access to the Services. It is at the sole, absolute, and unfettered discretion of Sixy Inc. to reverse a Website Account or Services suspension after Liquidated Damages for Chargeback Event has been paid by you to Sixy Inc.
Sixy Inc.’s rights and remedies provided in this section 16 in the event of a Chargeback Event are in addition to all other rights and remedies available to Sixy Inc. For greater certainty, and without limiting the generality of the foregoing, Sixy Inc. may also rely on sections 7, 18, and 19 in the event of a Chargeback Event.
- Website and Services Provided “AS IS”
YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND THE SERVICES, ANY COMPANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE WEBSITE OR PROVIDED AS PART OF THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY SERVICES OR COMPANY CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY COMPANY CONTENT (OR OTHERWISE ON THE SERVICES) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY. COMPANY SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES (INCLUDING THE PROVISION OF ANY COMPANY CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY SERVICES, COMPANY CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS.
YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE WEBSITE INCLUDING, BUT NOT LIMITED TO, THIRD PARTY CONTENT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF COMPANY IN OPERATING THE WEBSITE AND IN PROVIDING THE SERVICES YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE WEBSITE AND SERVICES.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ANY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “COMPANY PARTIES”), BE LIABLE TO YOU, OR TO ANY OTHER PARTY, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF (OR THE INABILITY TO USE) THE WEBSITE, SERVICES, OR ANY COMPANY CONTENT OR THIRD PARTY CONTENT (REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE AND REGARDLESS OF THE OCCURRENCE OF A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE) THAT EXCEEDS, IN THE AGGREGATE, THE AMOUNTS THAT YOU HAVE PAID COMPANY IN RESPECT OF THE SERVICES IN THE 30 DAY PERIOD THAT IMMEDIATELY PRECEDED THE DATE OF YOUR CLAIM OR IF YOU HAVE MADE NO SUCH PAYMENTS TO COMPANY, ONE HUNDRED CANADIAN DOLLARS (CAD $100).
IN NO EVENT WHATSOEVER SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF WEBSITE OR THE PROVISION OF THE SERVICES (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE WEBSITE OR THE USE OF, OR RELIANCE ON, ANY COMPANY CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE WEBSITE OR SERVICES, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE AND USE OF THE WEBSITE, SERVICES AND ANY PROVIDED SUPPORT IS ASSUMED BY YOU.
SIXY INC. SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE THE FAILURE RESULTS FROM ANY CAUSE BEYOND SIXY INC.’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.
NOTHING IN THESE TERMS OF USE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE TERMS AND CONDITIONS OF THESE TERMS OF USE THAT LIMIT LIABILITY REFLECT AN INFORMED VOLUNTARY ALLOCATION OF RISK; SUCH ALLOCATION REPRESENTS A MATERIAL PART OF THESE TERMS OF USE. YOU AGREE THAT THE LIMITATIONS OF LIABILITIES SET OUT IN THESE TERMS OF USE ARE FAIR AND REASONABLE IN THE CIRCUMSTANCES AND THAT YOU AND SIXY INC. WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE BUT FOR THE APPLICATION OF THE PROVISIONS OF THESE TERMS OF USE THAT LIMIT LIABILITY.
- Indemnity
You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all damages (whether direct, indirect, incidental, consequential, punitive, or otherwise), losses, liabilities, and costs and expenses (including, without limitation, legal and accounting fees) alleging or resulting from any and all claims, actions, demands, suits, and proceedings (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party) relating to or arising out of your: (a) breach of these Terms of Use; (b) access to the Website or use of the Services; and (c) provision of User Content or other disclosure to Sixy Inc. of any other information or data and the use of same by Sixy Inc. or other Company Party as contemplated hereunder, except to the extent caused by Sixy Inc.’s willful misconduct or gross negligence.
- Trademarks
All product, brand and company names and logos and trademarks displayed on the Website or used in connection with the Services are the trademarks of Sixy Inc. (or its suppliers, partner businesses or third party licensors). Any use of any of the marks appearing on the Website or in connection with the Services without the express written consent of Sixy Inc. or the owner of the mark, as appropriate, is strictly prohibited.
- Links
Sixy Inc. provides links on the Website to other websites or resources, including those operated by parties other than Sixy Inc. These links are provided for your convenience and Sixy Inc. is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any third party websites or resources is conducted at your own risk. You are strongly advised to check the terms of use and the privacy policies of these external websites or resources before making use of them. You acknowledge that Sixy Inc. may remove any link to an external website or to resources at any time for any reason whatsoever.
- Jurisdiction and Choice of Law
The Website is administered by Sixy Inc. from a site that is located in Ontario, Canada. You acknowledge and agree that your use of the Website and all of the communications, transmissions and transactions associated with the Website and the provision of the Services shall be deemed to have occurred in the Province of Ontario, Canada. You agree that these Terms of Use shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, and that the law of the Province of Ontario is the proper law, without regard to conflict of laws rules or to private international law principles. The laws of any other jurisdiction shall not apply to these Terms of Use.
All disputes, disagreements, controversies, questions or claims arising out of or relating to these Terms of Use, or in respect of any legal relationship associated with or arising from these Terms of Use, including, but not limited to, with respect to the formation, execution, validity, application, interpretation, performance, breach, termination or enforcement of these Terms of Use, will be determined by litigation in the Courts of the Province of Ontario sitting in Toronto, to the exclusive jurisdiction of which you irrevocably attorn.
If you live outside of the Province of Ontario, you may also be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. However, nothing herein shall be construed as Sixy Inc.’s agreement to the application of any such consumer protection laws.
You expressly agree that, in the event that there is a dispute under these Terms of Use and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial and you hereby waive any right to trial by jury.
- Force Majeure.
Sixy.ca shall not be liable for delays in or for failures to perform hereunder due to causes: i.) beyond our reasonable control; ii.) that could not reasonably have been foreseen by Sixy.ca at the time of the effective date of the Website or the Services (as applicable); and iii.) the effects of which could not have been commercially reasonably avoided or overcome by Sixy.ca, where such causes include acts of God, acts or omissions of you or a third party, service failures, Internet or telecommunications outages, acts of civil or military authorities, fire, strikes, power surges or power outages, pandemics or epidemics, public health emergencies, climate change, flood, earthquakes, riot, or war.
- Entire Agreement
These Terms of Use, together with any applicable Service Terms any documents incorporated by reference herein, constitute the entire agreement between you and Sixy Inc. as it relates to the access to, and use of, the Website and Services and the subject matter of these Terms of Use and supersede all prior or contemporaneous agreements, proposals, proof of concepts, understandings, letters of intent, representations, negotiations and discussions, whether written or oral, between Sixy Inc. and you. Unless superseded by subsequent written agreement, these Terms of Use will continue to govern the relationship between you and Sixy Inc. in respect of the matters contained herein.
- Electronic Documents
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree to waive any right to object to the introduction of any copy of electronic communications in evidence.
- Conformance with Law
In addition to complying with these Terms of Use, you agree to use the Website and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and laws related to Personal Information. The Website and any Services shall not be used where, and to any extent, such use is prohibited by law. Your use of the Website from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Website is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Website due to any restriction whatsoever and that you have obtained all necessary consents and approvals required or reasonably necessary.
- Contact/Notices
If you have any questions about the Terms of Use, or need to provide notice to, or communicate with, Sixy Inc. under the Terms of Use, please contact Sixy Inc. in writing via either email or at the address specified below:
Sixy Inc.
557 Millwood Road
Toronto ON
M4S1K7
Canada
E-mail: info@www.sixy.ca
Phone: (416) 831-3100
Sixy Inc. may provide notices or communications to you on the Website and you agree that such notices shall constitute notice to you whether or not you actually access the notice.
- Language
It is the express wish of the parties hereto that the Terms of Use and all related documents, including notices and other communications, be drawn up only in English. La volonté expresse des parties aux présentes est que les présentes modalités / ces “Terms of Use” et tous les documents s’y rattachant, y compris les avis et les autres communications, ne soient rédigés qu’en anglais.
- Waiver
No delay or omission by Sixy Inc. to exercise any right or power it has under these Terms of Use or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Sixy Inc. must be in writing and signed by an authorized representative of Sixy Inc.
- Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms of Use, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms of Use shall be valid and enforceable to the extent permitted by law. You agree to negotiate in good faith to replace the invalid or unenforceable provision with a valid and enforceable provision that has the effect nearest to that of the provision being replaced.
- Assignment
These Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with Sixy Inc.’s prior written consent. Sixy Inc. may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
- Interpretation
In these Terms of Use: (a) words denoting the singular include the plural and vice versa; (b) all usage of the word “including” means “including, without limitation,” throughout these Terms of Use; (c) all dollar amounts, if any, are expressed in Canadian currency unless expressly provided otherwise; (d) the division of these Terms of Use into separate sections, subsections and the insertion of headings is for convenience only and shall not affect the construction or interpretation of these Terms of Use; (e) words or abbreviations which have well-known or trade meanings are used herein in accordance with their recognized meanings; and (f) you and Sixy Inc. agree that these Terms of Use shall not be construed in favour of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of these Terms of Use.
Affiliate Terms of Use
As an authorized affiliate (Affiliate) of Sixy Inc. Real Estate Agent Website, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Sixy Inc. Real Estate Agent Website as an Affiliate.
Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Sixy Inc. Real Estate Agent Website by your own website or personal referrals.
By signing up for the Sixy Inc. Real Estate Agent Website Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
Commissions
Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 31 days.
You cannot refer yourself, and you will not receive a commission on your own accounts.
Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.
Termination
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. Sixy Inc. Real Estate Agent Website reserves the right to require license agreements from those who employ trademarks of Sixy Inc. Real Estate Agent Website in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Sixy Inc. Real Estate Agent Website, however, is acceptable.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, Sixy Inc. Real Estate Agent Website reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the Sixy Inc. Real Estate Agent Website site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.
Coupon and Deal Sites
Sixy Inc. Real Estate Agent Website occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:
- Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
- Affiliates may not bid on Sixy Inc. Real Estate Agent Website Coupons, Sixy Inc. Real Estate Agent Website Discounts or other phrases implying coupons are available.
- Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
- User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
- Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.
Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
Liability
Sixy Inc. Real Estate Agent Website will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Sixy Inc. Real Estate Agent Website. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Indemnification
Affiliate shall indemnify and hold harmless Sixy Inc. Real Estate Agent Website and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Sixy Inc. Real Estate Agent Website to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Sixy Inc. Real Estate Agent Website affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Sixy Inc. Real Estate Agent Website application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
Posted: 26/04/21
Last Updated: 26/04/21
Effective Date: 26/04/21
