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Terms and conditions
TERMS AND CONDITIONS
URBANIMMERSIVE VISUAL CONTENT PROVIDER MARKETPLACE
*Urbanimmersive copyright 2017
The terms “us”, “our”, “UI”, and “Urbanimmersive” refer to Urbanimmersive Inc., its subsidiaries and successors. The terms “you” and “your” refer to the Client. A “site” refers to a website. The “CMS” and the “Marketplace”, “Marketplace Centris®” refers, either individually or collectively, as applicable, to Urbanimmersive’s Software.
Unless otherwise indicated in the text, or in case of inconsistency within the text, the words and expressions that are capitalized in this Agreement or in any document that is ancillary or subordinate to this Agreement, are to be interpreted as follows: “Client”: any client, existing or potential, of Urbanimmersive that uses the Marketplace, including, collectively and without limitation, real-estate brokers, builders, architects, designers, and real estate agencies;
“CMS”: “Content Management System,” “Urbanimmersive's CMS,” “CMS,” “CMS Solution,” and “CMS Software,” which is a software solution owned by Urbanimmersive that includes a web-based interface for the management of Written Content, providing on-demand text writing, translation, and revision services;
“Order”: purchase made by a Client in the Marketplace;
“Written Content”: any writing, revision, rewriting, or translation services, including the texts produced using the functionalities of the Marketplace or inserted into the Marketplace for the purpose of publication or sale, whether produced and provided by a Provider or by UI;
“Visual Content”: any type of Visual Content including, without limitation, photographs and 3D images, as well as Visual Content used in the creation of videos, Virtual Visits and other multimedia formats;
“Intellectual Property Rights”: all the copyrightable rights, titles, interests, goods, and materials, including, without limitation, any rights that are or could be recognized, granted, or conferred under Canadian or foreign laws related to copyright, neighbouring rights, patents, trademarks, industrial designs, confidential information, image rights, rights in or to an invention, and other intellectual property rights of any type or nature, both registered and unregistered, including the rights concerning any request related to the above;
“Provider”: collectively and without limitation, self-employed real estate photographers and real estate photography agencies using the Marketplace to, in particular, provide their Visual Content services;
"Authorized users (collaborators, affiliates) : A user who is authorized to make service orders on your behalf with your Client account.
“Working Hours”: between 9 a.m. and 5 p.m. on Working Days;
“Confidential Information”: any information or any material that, due to its nature or due to the circumstances surrounding its disclosure, must be treated as confidential, whether said information or material is in written, oral, or visual form, or in any other form;
“Working Days”: every day of the week except Saturday, Sunday, and legal holidays in the province of Quebec, Canada;
“Trademark”: all registered or unregistered brands, trade descriptions, service marks, and logos that are used to represent or describe UI’s products and services, as well as its technology;
“Affiliated Partner”: a real estate agency, chain, association, or any other business related to the real estate industry that has entered into an Agreement with Urbanimmersive and that uses the Marketplace under one or more personalized versions with its image and URL, whether or not it receives financial compensation for promoting Urbanimmersive’s software to its clientele;
“Parties”: individually and collectively, the Client and Urbanimmersive;
“Marketplace”: “Marketplace,” “Centris Marketplace” and any other name that identifies the Urbanimmersive marketplace is an online software solution owned by UI, which allows Clients to order Visual Content services online and allows Providers to receive Orders;
“Client Profile”: Web interface secured by a username and password that provide access to the features of the Urbanimmersive Marketplace;
“Virtual Visits”: collectively and without limitation, virtual visits, AVU3D® immersive visits, and any other virtual visit technology authorized in the Marketplace.
UI can, without prior notice, modify, update, replace, or revise the Agreement and/or any other content or information published for Clients, Providers, and Affiliate Partners on the Marketplace. Unless otherwise specified, modifications to the Agreement shall take effect upon their display on the Marketplace, by a notice sent to the Client Profile on the Marketplace or by email to the last known address of the Client. By continuing to use the Marketplace after such a notice has been displayed or sent, you accept these modifications and agree that these modifications are binding. If you do not agree with a modification made to the Agreement, you can decide at any time to cease use of the Marketplace in accordance with section 34 of this Agreement, which you must consult each time you use the Marketplace.
UI can, without prior notice, temporarily or permanently interrupt the functionalities and services of the Marketplace in whole or in part. UI also reserves the right to modify the name, brand, logo, and visual identity of its products, services, and functionalities at any time and at its sole discretion. In addition, UI has no obligation whatsoever to store, maintain, or provide you with a copy of information provided during your use of the Marketplace. The Client acknowledges and agrees that UI shall not be held responsible for any changes of this nature.
To use the Marketplace, you must first create a Client Profile, which is governed by this Agreement. You are responsible for updating your Client Profile and for keeping your username and password confidential. You are solely responsible for all of the activities that are carried out using your Client Profile and will be held responsible for any damages sustained by UI or a third party as a result of the use of your Client Profile or your password by anyone other than you, with or without your permission. The Client must immediately notify UI in the event of an unauthorized use of its Client Profile or of any other breach of security. In addition, the Client is at no time allowed to use the Client Profile of another Client.
Eligibility to Use the Marketplace
In addition to the conditions set out in this Agreement, you must at all times comply with the following conditions to be able to benefit from the right to use the Marketplace:
- Possess only one Client Profile at a time;
- Be a real estate professional (real estate broker, builder, architect, developer, etc.). The Urbanimmersive Marketplace is not open to individuals or real estate portals displaying properties for sale by the owner (FSBO);
UI reserves the right to terminate this Agreement immediately without prior notice in the event of a failure to comply with these conditions.
UI reserves the right to add, amend, or withdraw, in whole or in part, the services offered on the Marketplace, at any time and without notice provided to the Client.
Quality of Services Offered
Although UI does preselect Providers participating in the Marketplace, UI cannot guarantee the provision of their services. We recommend conducting due diligence on the Providers before placing an Order. Among other things, UI makes their portfolios, and a system for comments and evaluations by Clients who have previously used their services available to you so that you can do this.
Evaluations of Providers
After the provision of each service, you will be invited to evaluate the quality of your Provider’s services.
Urbanimmersive and its Affiliate Partners reserve the right to use, share, and display your evaluation, in any manner whatsoever, as part of the activities associated with the Marketplace, without being required to identify you as its author and/or without obtaining your prior consent. You acknowledge and agree that Urbanimmersive, its subsidiaries and its Affiliate Partners, will display your evaluation on the Marketplace without verifying its veracity. You acknowledge that Urbanimmersive has no control over the evaluations and has no obligation to verify them. However, Urbanimmersive reserves the right to modify or delete comments in cases where they contain obscenities or any other objectionable content, or where they contravene privacy laws or any other law or Urbanimmersive policy.
If you believe that a comment is offensive or hurtful or that it contains obscenities or any other objectionable content, you can contact Urbanimmersive (email@example.com) to request its modification or withdrawal.
Purchase on the Marketplace
The following terms apply to all Orders placed via the Marketplace:
- You must fill out all of the fields of the Order form and ensure that all of the required information is accurate;
- The address of the property to be photographed is used to perform geolocation of Visual Content Providers offering their services in that region;
- At the time an Order is placed, the Marketplace’s ordering system estimates the Provider’s travel time by car based on the distance between their previous meeting and their meeting with you. The Provider’s arrival time at the meeting place may vary depending on traffic conditions. It is the Provider’s responsibility to contact you if he/she will be late for a meeting. Urbanimmersive cannot guarantee that Providers will be on time for meetings and cannot be held liable for any damage, loss, or any other inconvenience caused by the Provider’s lateness;
- The time required for the performance of each service is specified at the time the Order is placed. You must allow enough time for the Provider to carry out the Service. It is impossible to cancel an Order because the Provider has not provided all of the services or because the quality of the services is insufficient due to a lack of time;
- All the prices displayed for the services offered by the Providers are in Canadian dollars and do not include sales taxes or goods and services taxes;
- All Orders must be paid for at the time they are placed;
Except for certain authorized Providers, the Marketplace does not allow you to order services after Working Hours for the following Working Day.
The « My Team » feature enables Client to manage other Customer accounts and to make purchases on their behalf. To take advantage of this option, you must provide on demand proof to UI that you have the consent of the Clients’ accounts you want to manage and that they (other Clients) have authorized you to use their credit cards as a means of payment in their names.
At any time before the delivery of Visual Content, the Client may add new services by placing a new Order on the Marketplace.
Delivery on the Marketplace
The following delivery terms apply to all Orders placed via the Marketplace:
All types of Visual Content are delivered in the form of a file or an URL link on the Marketplace;
Unless otherwise agreed with the Provider, the delivery by the Visual Content Provider (excluding videos, Virtual Visits, and 3D images) will be made within 24 Working Hours after the photography session. UI cannot guarantee that Providers will deliver the content on time and cannot be held liable for any damage, loss, or any other inconvenience caused by the Provider’s lateness;
UI provides you with a feature allowing you to pre-select images before final delivery. You will receive a notification when the images are ready for preselection. It is your responsibility to perform the preselection within a reasonable timeframe, as established beforehand with the Provider, in order to allow the Provider to carry out photo retouching, if applicable, prior to final delivery.
Payment for Services
Payment for Services is made at the time the Order is placed. At all times, you must ensure that your credit card in your Client Profile is valid until all of the Services ordered are fully paid for.
In your Client Profile, you can consult a detailed invoice for each of the Services ordered. If an error or omission is found in the invoice, you must send a request for correction within three Working Days of the issuance of the invoice by sending an email to Urbanimmersive at firstname.lastname@example.org. In the absence of such notice or beyond this deadline, Urbanimmersive will not be able to have such errors or omissions corrected or to obtain reimbursement from the Provider if applicable.
There are no service charges billed to Clients for the use of the Marketplace. All service charges are billed to the Providers and are determined on the basis of a percentage of the amount of the Orders, among other things.
Payment of Visual Content Providers
Visual Content Providers receive payment from the Urbanimmersive Marketplace for the services they have rendered to you during a given period of time. You do not need to pay them directly and you do not need to pay any additional fees beyond the amount set via the Marketplace. If applicable, the web hosting fees are already included in the services fees for a period of twelve (12) months.
Refunds & Refusal of the Visual Content by the Client
Orders may be modified and cancelled without costs through your Client Profile at any time before their delivery in your Client Profile so long as this is done at least 12 hours before the photo session. If you modify or cancel an Order less than 12 hours before the session, you will be charged a $50.00 modification or cancellation fee.
If you refuse the Visual Content delivered by the Provider because it does not meet the desired quality criteria, and if UI also deems that the Visual Content does not meet the expected level of quality, you will not have to pay for said Visual Content and you may choose to either require the Provider to conduct the photography session again at his or her own expense or to cancel your Order without fees and choose another Provider.
There are no refunds for services delivered by Marketplace Providers after the services have been delivered to Centris®. However, if you wish to make a request to this effect, it must be made to Urbanimmersive customer service by email at email@example.com. The Urbanimmersive team will assess your request and will reply within 30 Working Days of the receipt of your request.
In the case that an Order is refunded, you will not have the right to use the content delivered to you. Uses of unpaid images will constitute a copyright violation.
Credit Line And Annual Interest Rates
The Marketplace offers a credit line that you can use to buy your services. The annual interest rate on the amount used on your line of credit is 24%.
Your Credit Limit
Your initial or current credit limit appears in the information box for this purpose in the Marketplace. This is the maximum amount we authorize you (and your authorized users, together) to carry to your account to cover your service and content orders and interest. As the amounts in your account increase, the available credit decreases. We calculate the available credit by subtracting the amount due to your credit limit. If you happen to make your payments late - or not to do them at all - we can reduce your credit limit or remove it completely.
You have a minimum interest-free period of 21 days for new purchases. Your new purchases for each month are those listed under the transaction description for the current month's statement (your current statement). You can avoid paying interest on these new purchases by fully paying the new balance on or before the due date for payment of the current statement. Your new balance represents all your purchases and interest until the date that your current statement was prepared. If you do not fully pay your new balance on or before the due date of your current statement, you must pay interest on the balance on the statement until the date we process your full payment for these purchases . Your next monthly statement will include interest accrued on the balance until the date we prepare this next monthly statement. We will continue to charge interest on the unpaid portion of the balance until your next full payment of the new balance on or before the due date of payment. We do not charge interest on interest. The amount of interest we charge you is calculated by multiplying the balance by the applicable daily interest rate (which we get by taking the annual interest rates and dividing by the number of days in the year). We then multiply this figure by the total number of days in the statement period to determine the interest we charge you.
PAD - pre-authorized debit
You can ask us to process your minimum payments on the Payment Due Date each month as a pre-authorized debit (“PAD”) from a credit card. You may choose to pay the Minimum Payment or your New Balance. If you ask us to automatically process payments as a PAD, you will be bound by the terms and conditions set out in Rule H1 of the Rules of the Canadian Payments Association, as amended from time to time, as well as this Agreement. You also waive any prenotification requirements that exist where variable payment amounts are being authorized. You may notify us at anytime that you wish to revoke your authorization for a PAD. A PAD may, under certain circumstances, be disputed for up to ninety (90) days. To obtain more information on our rights against you under a PAD, you may review the Rules at www.cdnpay.ca.
Each month, you must make at least the minimum payment. Your monthly statement will indicate the minimum payment amount. This will normally be the highest amount between the interest on your monthly statement, 10% of your balance or $ 10. Minimum payments in arrears from previous months, if any, will also be included in the minimum monthly payment amount. You must make the minimum payment on or before the due date indicated on your monthly statement. If you do not make the minimum payment on the Required Date, we will increase your interest rates of 5% on your standard interest rates and you will not be able to make a purchase on the Marketplace until the minimum payment is made using your Marketplace credit line. From time to time, you may be exempt from the minimum payment requirement. If applicable, interest will continue to be charged at the rates shown on your monthly statement. This waiver will not affect our right to require you to make your minimum payment on another date.
Fee for Payment Declined
If a payment is not processed because a bank has returned a check or refused a pre-authorized debit, a $ 45 fee will be charged to your account on the date that the record of the refused payment is posted to your account. These fees are in addition to the insufficient charges received by this financial institution.
Your Monthly Statement
Every month, we will send you a monthly statement by email. We will prepare your monthly statement about the same date each month. If the date on which we normally prepare your monthly statement coincides with a date when we do not process the statements (for example, a holiday or weekend), we will prepare your monthly statement on the next open Day of treatment. The due date of your payment will be modified accordingly. It is your responsibility to review your monthly statement and verify all transactions. If you think you have detected an error on your monthly statement, you should contact us. If you do not report an error within 15 days of the last day of the relevant statement period, we will assume that your monthly statement and records are accurate, and you will not be able to claim reimbursement of erroneously account.
Allocation of Payments
When you make a payment, we will allocate the amount first to the interest and second to the purchase balances. If you pay more than your minimum payment, we will apply the amount that exceeds the minimum payment to the balance of your new balance. If you have paid more than your new balance, we will post any payment that exceeds the new balance to the amounts not yet on your monthly statement, using the method outlined above. Amounts credited as a result of repayments or adjustments are generally allocated first to interest and then second to balances.
Our company uses responsible outstanding account collection practices. If you are unable to make your minimum monthly payments, our collection agents can terminate your minimum remittance plan and will use different methods to recover the money that is due. Outstanding payments will accrue interest. The Client (borrower) is responsible for all legal fees required to obtain the balance owing. Uncollected claims are prosecuted with all the rigour of the law.
Preparation of the premises and required authorization
In order for the Visual Content Provider to conduct the photo shoot ordered on the Marketplace, you are responsible for:
- Obtaining the required permission from the owner(s) for the photography session to be conducted;
- Insuring the preparation of the premises, including, if applicable, the home staging and improvement of the property and the cleaning of the property;
- Managing the premises, including obtaining the keys to the property and requesting that the residents be absent from the premises during the photo shoot, if possible;
- Removing any photographs, images, or paintings that make it possible to identify an individual or which consist of a third party’s intellectual property.
Protection of Banking Information
The Marketplace is owned and operated by Urbanimmersive Inc. UI is subject to Canadian provincial and federal laws regarding the protection of personal information and it takes all measures required for compliance with the best international practices in the protection of personal information.
UI does not save your credit card information that it collects via the Marketplace or via the online payment system after it has been sent to the payment services provider for the processing of the transaction. When you place an Order on the Marketplace, you must provide your credit card information, including the expiry date, security code, and any other information required for the payment to be processed. While the payment is being processed, this information is temporarily stored on a secure page, and then it is deleted after being sent to the payment services providers in order to process the transaction or to the bank that issued the credit card in order to confirm the payment for the Order.
You may choose the method of payment ahead of time for your future transactions on the Marketplace. When you perform a transaction, you will have the option of choosing this method of payment. Since your credit card information is not stored by Urbanimmersive, the Marketplace will send a digital key to the online payment services provider or to the bank that issued the credit card in order to process the transaction and confirm the payment for the Order.
UI takes the utmost care in the handling of your credit card information. Among other things, access to the Marketplace and the online payment system is secured in HTTPS mode and the information transmitted is encrypted using Secure Socket Layer (“SSL”) technology during the transfer.
Withdrawal of Visual Content and/or articles about properties for sale
The Visual Content offered by Providers in the Marketplace, in particular the Visual Content associated with Virtual Visits and video links (YouTube), is delivered to the Client in the form of a file or in the form of an URL link providing, in certain cases, access to the content, or in another form. In compliance with certain applicable regulations and the real estate industry’s generally accepted practices, the Client must inform the web services provider that he or she wishes to withdraw the files, links, or web pages after the sale of the property or the termination or expiration of the brokerage contract associated with the property. The Client acknowledges that he or she is solely liable in the event that the files, URL links or web pages are not withdrawn and for any violation of the applicable regulations in this regard. The provisions of this Agreement will take effect in the event of a claim against UI.
The Client is only permitted to use the Marketplace for legitimate purposes. The Client may not introduce to the content, in any way whatsoever, any material that violates or infringes, in any way whatsoever, the copyright, intellectual property rights, or other rights of any third party, that is illegal, threatening, inappropriate, offensive, abusive, or defamatory, that breaches privacy rights or public decency, that is vulgar, obscene, blasphemous or otherwise objectionable, that encourages conduct that would constitute a criminal offence, that leads to a civil law suit, or that violates any law. If such content is introduced to the Marketplace, UI, at its sole discretion, may remove the content or close the page, without prior notice.
UI Intellectual Property
UI retains all its rights, titles, and interests, including all of its Intellectual Property Rights, in and to the services and any ensuing product or work, including, in particular, the AVU3DTM photographs that are the subject of this Agreement, as well as its products and its software. This Agreement does not grant any Intellectual Property Rights of any nature whatsoever to the Client with respect to the products. The products may not be copied, reproduced, published, downloaded, displayed, transmitted, distributed, or used to create derivative works, without the prior written consent of UI.
Transfer of Visual Content Intellectual Property Rights
Upon receipt by the Client of the final payment, in accordance with article 10 above, the Provider assigns to the Client all of his or her Intellectual Property Rights in or to the Visual Content. This transfer grants a sub-licensable, exclusive, worldwide, unlimited, and assignable, in whole or in part, licence. This transfer is free of any additional licensing fees and allows the Client and his or her assigns and successors to use, assign, or modify any document, file, or Visual Content. This licence also allows the Client to copy, transfer, create derivative works from, improve, broadcast, publish, withdraw, withhold, add, analyze, use, market, distribute, transmit, publicly display and/or perform, reproduce, edit, translate, and reformat the Visual Content without any authorization, notice, or compensation and without the requirement to identify the Provider.
UI hereby authorizes the Client to use UI’s Trademarks solely in the form prescribed by UI. The Client undertakes not to delete the UI Trademarks from any product delivered under this Agreement and not to alter or modify, for any reason, the UI Trademarks that appear on it. The Client may not, under this Agreement or otherwise, acquire any right, title, or interest associated in or to the Trademarks.
Use on the Web
The Client understands that the Visual Content purchased on the Marketplace may be redistributed via the Internet or any other media, indexed by search engines, and consulted by the public, including, but not limited to, videos and virtual visits, generally delivered in the form of HTTP links. UI does not perform any commercial or technological monitoring relating to the publication of the Visual Content on the web. The Client acknowledges that certain online real estate content aggregators or other information aggregators may display information on the properties that have been the subject of a photography session purchased on the Marketplace and that there may be differences between the information provided by the Client at the time of Ordering and the information provided by these other sources. The Client acknowledges that he or she is solely responsible for the publication of the Visual Content on the web and for any inconsistent information.
Limitation of liability
WE ARE NOT LIABLE FOR DIRECT OR INDIRECT DAMAGES (INCLUDING THE LOSS OF INCOME OR PROFIT, LOSS OF EARNINGS, inability to sell the property that was the subject of a service or A LOSS OF CLIENTELE, ENJOYMENT, OR DATA) ARISING FROM THIS AGREEMENT OR ANY AMENDMENT MADE TO IT OVER TIME, the use or inability to use the Visual Content, the MARKETPLACE, the UI Products and software, the OPERATING DOCUMENTATION, THE URBANIMMERSIVE CMS OR SERVICE OFFERINGS, by the Client or a third party, WHETHER OR NOT YOU HAVE INFORMED US OF THE POSSIBILITY OF THESE DAMAGES ARISING.
NO PROVISION OF THIS AGREEMENT EXCLUDES: (I) LIABILITY IN THE EVENT OF DEATH OR PERSONAL INJURY CAUSED BY THE FAULT OF ONE OF THE PARTIES, ITS EMPLOYEES, AGENTS, OR AUTHORIZED REPRESENTATIVES, (II) CONTRACTUAL LIABILITY OF ONE PARTY IN THE EVENT OF GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR DECEIT, AND (III) ALL LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW.
UI MAKES NO REPRESENTATIONS NOR PROVIDES ANY GUARANTEE WITH REGARD TO THE (i) PROPER FUNCTIONING AND ABSENCE OF ISSUES WHEN USING UI PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, VISUAL CONTENT, AVU3DTM VISITS, AVU3DTM TOOLS, 2-D SLIDES, LAYOUT CONFIGURATOR, THE MARKETPLACE AND CMS (ii) SERVICES AND GOODS THAT MUST BE DELIVERED UNDER THIS AGREEMENT (iii) RELEVANCE OF THE INFORMATION AND THE ACCURACY OF THE CONTENT ON THE SITE, OR (iv) INTELLECTUAL PROPERTY RIGHTS ACQUIRED BY CLIENTS, THIS TRANSFER HAVING TAKEN PLACE DIRECTLY BETWEEN THE CLIENT AND THE PROVIDER. UNLESS EXPRESSLY STATED, GOODS AND SERVICES UNDER THIS AGREEMENT ARE PROVIDED “AS IS, WITH NO REPRESENTATION OR GUARANTEE,” EXPLICIT OR IMPLICIT, INCLUDING, WITHOUT LIMITATION, IMPLICIT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM BUSINESS PRACTICES OR CUSTOMS. UI ASSUMES NO RESPONSIBILITY FOR THE PERFORMANCE OF ITS CLOUD INFRASTRUCTURE, NOR FOR THE FUNCTIONING OF ITS SITE AND ITS COMPUTER PRODUCTS.
This disclaimer applies NOTWITHSTANDING THE FACT THAT (i) the application is based on contract, tort, statutes, or any other doctrine of law (ii) UI was or should have been aware of the possibility of thESE DAMAGES ARISING, and (iii) the limited relief under this Agreement does not respect its fundamental purpose.
The Client undertakes to defend, indemnify, and hold UI harmless with regard to any damages, claims, legal proceedings, obligations, and expenses resulting from any act or omission by the Client. Without limiting the foregoing, the Client undertakes to indemnify UI for any damages that result from: the Client’s non-compliance with the provisions of this Agreement, including, without limitation, the uploading of Visual Content;
- any content put online in the Marketplace;
- its use of the Marketplace;
- non-compliance with the requirements incumbent on the Client under the Real Estate Brokerage Act and its regulations, particularly regarding advertising that is false, deceptive, or incomplete, or that neglects to mention an important fact.
The Parties undertake not to reveal, disclose, show, expose, reproduce, or make available or accessible to anyone, in any way, any Confidential Information, in whole or in part, without the prior written consent of the other party. The Parties also undertake to share these duties of confidentiality with their respective employees and representatives. These commitments are effective for the duration of this Agreement and for a period of three (3) years following the delivery of goods and services to the Client.
Personal information is defined as any information concerning an individual that allows that individual to be identified. UI believes that the protection of personal information is an essential part of its success, and, as a result, the Client undertakes to take the necessary measures in order to ensure, at all times, the adequate protection of its clients’ personal information. The Client confirms that he or she respects and will continue to respect all of the requirements provided for in privacy laws, including, the Personal Information Protection and Electronic Documents Act (Canada), and any other similar law that ensures the protection of personal information, which the Client could be subject to in connection with this Agreement and the use of the Marketplace. Without limiting the generality of the foregoing, the Client will not provide UI with third-party personal information, without the prior consent of the relevant person. To his or her knowledge, the Client has not voluntarily agreed, and is not obligated, contractually or otherwise, to comply with the guidelines of an association with regard to the protection of personal information.
The Client undertakes, for the duration of this Agreement and for a twelve-month period following the termination of the Agreement, not to solicit, recruit, or hire as an employee or independent provider any Urbanimmersive employee presently working or who would be working regularly for Urbanimmersive in the three months preceding the termination of the Agreement, for any position in the organization, without prior consent from UI.
Failure to comply with the Agreement and with notices published via the Marketplace will result in the automatic termination of all the rights granted to the Client in this Agreement, which may include restricting the use of the Marketplace and all UI products temporarily or permanently, without prior notice. In the event that the Client has failed to comply with the Agreement, UI reserves the right to remove all content from the Marketplace, without prior notice. The Parties agree that the expiration or termination of the Agreement, for any reason, will have no impact on the Client’s obligations with regard to UI’s Intellectual Property Rights, non-solicitation, or any other obligation that, by its very nature, survives the expiration or termination of this Agreement.
Code of Conduct
Clients must comply with the [Code of conduct] when using the Marketplace. UI reserves the right to refuse, suspend, or withdraw, at its sole discretion, access to and all rights to use the Marketplace from any Client who does not comply with the Agreement, UI’s [Code of conduct], [Policy], and [other policies] [NTD: Each of these documents must be accessible via a hyperlink]. Under the Code of Conduct, the Client undertakes, in particular, not to: share messages through the Comments/Feedback function associated with the Orders that are out of context, unrelated to the field of real estate, of a commercial or promotional nature, hateful, or offensive;
- exaggerate his or her satisfaction or dissatisfaction with a Service Provider with the aim of manipulating the opinion of the Marketplace Client community;
- use the products in surveys, contests, pyramid schemes, chain letters, undesired (spam) emails, or any other duplicated or unsolicited messages (commercial or otherwise) without the prior consent of UI;
- use material or information, including images or photographs, in any way that infringes on any copyright, Trademark, patent, trade secret, or other Intellectual Property Right that he or she does not own;
- advertise or offer to sell or purchase goods or services for commercial purposes or conduct any type of commercial solicitation, without UI’s prior approval;
- Collect, use, transfer, download, or otherwise copy, or provide (either for free or not) to another person or entity any list of Marketplace users or any user information, including the fact that they use the Marketplace;
- Present himself or herself as being, or imply or declare, directly or indirectly, that he or she is, associated or affiliated with UI, unless a written agreement to this effect has been concluded with UI;
- lease, commercialize, sell/resell, or charge another person to access, the information or a part thereof in the Marketplace or the products, or to obtain a Client Profile; and
- collect, use, copy, or transfer any information, including but not limited to personally identifiable information on Marketplace users or their email addresses;
Although UI is under no obligation to monitor the use of the Marketplace, it is essential for it to be able to offer a safe and pleasant experience to all Clients, Providers, and other users. Therefore, without making any commitment to do so, UI reserves the right to carry out monitoring activities on the Marketplace, without notifying other users, and to disclose any information it deems necessary to meet, in particular, the requirements of any regulation related to real estate or commercial brokerage.
Contract for services
This Agreement constitutes a contract for services under section 2098 of the Civil Code of Quebec.
All notices must be in writing and can be sent by email to firstname.lastname@example.org. A notice will be deemed to have been given 24 hours after the email was sent.
This Agreement forms the entire agreement between the Parties hereto and replaces any previous written or oral agreement, negotiation, understanding, statements, proposals, discussion, and communication.
This Agreement must be interpreted and applied in accordance with the applicable laws of the Province of Quebec and the laws of Canada. Each Party defers to the exclusive jurisdiction of the courts of the Province of Quebec in the judicial district of Montreal with respect to any issues arising from or related to this Agreement. Any contrary provisions in this Agreement notwithstanding, we may seek relief by means of a summary procedure or any other form of relief before any State, federal or provincial court of competent jurisdiction in the event of a real or alleged violation of our Intellectual Property Rights or ownership rights, or of those of any other individual or corporation. Moreover, you acknowledge and agree that our rights to content are of a special, unique, and unusual nature, which gives them particular value, the loss of which would not be easily estimated or compensated appropriately through damages. The Client acknowledges that to be in default under this Agreement would cause irreparable damage to UI, and that, in the event of such default, UI will, in addition to all other available legal relief, have the right to a proceeding for injunctive relief, specific performance, and other equitable relief.
Unless otherwise specified, all amounts specified in this Agreement, including any related appendices, are in Canadian dollars and exclude applicable taxes. Urbanimmersive reserves the right in its sole discretion to increase or decrease the Marketplace Supplier's service rates, except for orders made using the "Hire a previous photographer" function. The prices of the services offered by the suppliers using the function "Hire a previous photographer" represents the exact price requested by these Suppliers.
No waiver of any of the provisions of the Agreement shall be interpreted as a waiver of any other provision. Failure to report prior failure to comply with a provision of this Agreement shall not be interpreted as a waiver of that provision. Waivers to a provision will not be enforceable unless the waiver is written and signed by the party waiving its execution.
Entirety of the Agreement
If a provision in the Agreement is found to be invalid by any court having competent jurisdiction, that provision would be severed, to the extent permitted, and all other provisions would remain in full force and effect and would continue to bind the Parties.
The Client agrees that all versions of the Agreement in any languages other than French constitute translations of the original document, provided for convenience, and that the French version of the Agreement, or any other document provided by UI, will prevail.
UI can assign or transfer its rights and obligations under this Agreement, in whole or in part, to any person, including, without limitation, any corporation that is associated with UI. The Client cannot assign or transfer this Agreement, in whole or in part, without prior written consent from UI.
Relationship Between the Parties
The Parties are, and remain, contractors that are independent from one another, and none of the provisions in this Agreement can be interpreted as creating a partnership, general partnership, joint venture, undeclared partnership, contract of employment, mandate, franchise, sales agency, or any other subordinate relationship or bond of association between the Parties or their respective affiliates.
You have no right to make or accept offers on our behalf, or on behalf of our affiliates. You cannot make any declaration or representation to the contrary, whether it be in person, in writing, or on your site. If you authorize, encourage, incite, or simply allow another individual or legal entity to act in contravention of this Agreement, you will be held responsible in the same way as if you had done so yourself.
UI reserves the right to offer products and services under different conditions than those set out in this Agreement to any potential Client, including the Client’s competitors.
As on most websites, Urbanimmersive uses the following types of cookies:
- Navigation Cookies
These cookies are essential for you to browse our Marketplace and make the best use of the various features. Example: connection to your Client account, to ensure your identification on all the pages of Urbanimmersive’s Product.
- Audience Measurement Cookies
These cookies collect anonymous information during your visits to our site. Their objective is to allow the analysis of the navigation behaviour on the site for optimization purposes.
Your choices regarding cookies
- You can prevent cookies from being saved by configuring the preferences of your browser.
- Refusing cookies may prevent you from accessing certain features in the Marketplace.
1. Click on the icon to display the settings menu
2. Click on "Options"
3. In the "History" area, select "Use Custom Settings for History"
4. Select the desired level
1. Click on the "Safari" menu
2. Click on "Preferences"
3. On the "Security" tab select the desired level
Microsoft Internet Explorer
1. Select the "Tools" menu, then "Internet Options"
2. Click the "Privacy" tab
3. Select the desired level using the cursor
Pixel and invisible pixels
We may use other standard technologies, including (but not limited to) invisible pixel tags or pixels to track your use of our Services, or we may allow our service providers to use these tools on our behalf . Pixel and invisible pixels are tiny graphic images inserted into certain pages of the Marketplace or our e-mails that allow us to determine whether you have performed a specific action. When you access these pages or open an email or click an email, invisible pixels generate non-identifiable information about that action. Pixels allow us to measure and improve our understanding of the flow and behaviour of visitors who access our Marketplace, and offer us a way to measure our performance and target our promotions.
Please read the Terms and Conditions before agreeing.