These terms and conditions of use for Future Condos (the "Application") constitute a legal agreement and are entered into by and between you and Future Condos Inc. ("FCI," "we," "us," "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use, including any content, functionality, and services offered on or through the Application (the “Services”).
The Application assists users by facilitating the purchase of a proposed unit in a preconstruction real property development from a real estate developer (a “Developer”) by a purchaser (a “Purchaser”), who may or may not be represented by a real estate agent (an “Agent”) .
You represent and warrant that you are the legal age of majority under applicable law to form a binding contract with us, and you accept and are bound by these terms and conditions. You affirm that if you make a reservation on behalf of an individual, organization or company, you have the legal authority to bind any such individual, organization or company to these terms and conditions.
If you are an Agent, you represent and warrant that: (i) you have the necessary skill, experience, licenses and qualifications to act as a real estate agent in the jurisdiction in which your client is interested in purchasing the proposed unit; and (ii) you have the necessary authority to act on behalf of the Purchaser for which you claim to act while using the Application.
You must not make a reservation on the Application if you: (i) do not agree to these terms and conditions; (ii) are not the age of majority in your province or territory of residence; or (iii) are prohibited from accessing or using the Application or any of the Application’s contents, products or services by applicable law.
We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Application. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Application, and the Application, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Application is restricted to users or unavailable at any time or for any period.
The security of your information is very important to us. We use physical, electronic, and administrative measures designed to secure your information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Application. Users are required to ensure that all persons who access the Application through a user's internet connection are aware of these Terms and Conditions and comply with them. The Application, including content or areas of the Application, may require user registration. It is a condition of your use of the Application that all the information you provide on the Application is correct, current, and complete.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Application, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Application; (f) using any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Application via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Application.
Any correspondence or business dealings not conducted through any of the Interactive Functions with any third parties, including developers, service providers, or advertisers found on, or through, the Application are solely the responsibility of you and such parties. FCI is not responsible for any damages you may suffer by corresponding with or entering into transactions with any third parties outside of the Application, and for any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not FCI, are responsible for compliance with all laws applicable in any such transaction. You correspond and transact with these third parties at your own risk.
The Application administers an online payment method using a third party service provider through which a Purchaser can electronically pay the listed reservation fee for a proposed unit to a Developer (the “Reservation Fee”). The Application may also offer different types of subscriptions (a "Subscription") and certain features of the Application may be subject to a fee (“Paid Features”). The price of your Reservation Fee, Subscription or Paid Features will be made clear to you on the order page or otherwise during the order process. You agree to pay the fees at the rates notified to you at the time of your purchase, together with any processing fees and applicable taxes.
With respect to a Subscription, if you decide to activate a Subscription, you agree that at the end of the initial subscription period and of each renewal period thereafter, your Subscription will automatically renew for the same subscription period at the then prevailing rate, which may be changed from time to time. The Subscription will continue unless and until you cancel your Subscription, or we terminate it at our sole discretion. You must cancel your Subscription before it renews in order to avoid being charged the renewal subscription fee. Unless specifically stated when you place your Subscription order, you have the right to cancel your Subscription at any time. You may cancel a Subscription by contacting us at [email protected], or through your settings page for your Subscription.
All payments for Reservation Fees, Subscriptions, and Paid Features must be made in advance. Payments for Subscriptions and Paid Features are non-refundable. If you pay any fees with a credit card, FCI may seek pre-authorization of your credit card account before processing payment to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. By submitting payment details, you confirm the accuracy and completeness of the payment details and that you are entitled to use those payment details for this purpose. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your Subscription or Paid Features.
You understand and agree that the Application and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by FCI, its licensors (including, without limitation, a Developer), or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
FCI’s name and all related names, logos, product and service names, designs, images and slogans are trademarks of FCI or its affiliates or licensors. You must not use such marks without the prior written permission of FCI. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Application are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Application for your personal use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Application, in any form or medium whatsoever except:
(a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
(b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
As a condition of your access and use, you agree that you may use the Application only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Application, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Application and any User Submissions shall not:
The Application may contain Interactive Functions allowing User Submissions on or through the Application.
None of the User Submissions you submit to the Application will be subject to any confidentiality by FCI. By providing any User Submission to the Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations.
You understand and agree that you, not FCI nor FCI’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Application.
FCI has the right, without provision of notice, to:
We have no obligation or any responsibility to any party to monitor the Application or its use, and do not and cannot undertake to review material that you or other users submit to the Application. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
Although we make reasonable efforts to update the information on our Application, we make no representations, warranties or guarantees, whether express or implied, that the content on our Application is accurate, complete or up to date. Your use of the Application is at your own risk and neither FCI nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of this Application.
This Application includes content provided by third parties, including from other users and third-party licensors. Neither FCI nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
For your convenience, this Application may provide links or pointers to or may use tools provided by third-party sites, including, without limitation, Google API, Facebook, Stripe, and Google Maps. We make no representations about any other websites that may be accessed from this Application. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from the Application may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Application. You may only use these features when they are provided by us and solely with respect to the content identified.
The owner of the Application is based in Ontario, Canada. This Application is not intended for use in any jurisdiction where its use is not permitted. If you access the Application from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
You understand and agree that your use of the application, its content, and any Services or items found or attained through the Application is at your own risk. The Application, its content, and any Services or items found or attained through the Application are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Neither FCI nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors make any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Application or its contents. Without limiting the foregoing, neither FCI nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors represent or warrant that the Application, its content, or any Services or items found or attained through the Application will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components.
We cannot and do not guarantee or warrant that files or data available for downloading from the Internet or the Application will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Application and your computer, Internet and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Application or any services or items found or attained through the Application or to your downloading of any material posted on it, or on any application linked to it.
Except where such exclusions are prohibited by law, under no circumstance will FCI or its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the Application, any linked applications or such other third-party applications, nor any application content, materials, posting or information thereon even if the party was allegedly advised or had reason to know.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless FCI, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, damages, losses, liabilities, demands, suits, judgments, causes of action, legal proceedings, penalties or other sanctions and any and all costs and expenses arising in connection therewith, including, without limitation, all legal expenses (including, without limitation, all such legal expenses in connection with any and all appeals) (collectively, “Claims”) arising out of or relating to:
The Application and these Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein. Any action or proceeding arising out of or relating to this Application and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
This Application is operated by FCI Real Estate Ltd. located at 2030 Bristol Circle, Suite 210, Oakville, ON L6H 0H2.
Should you become aware of misuse of the Application including libelous or defamatory conduct, you must report it to FCI at [email protected].
All other feedback, comments, requests for technical support, and other communications relating to the Application should be directed to [email protected].
DATE: March , 2022