Terms and Conditions
VIZIT HOMES INC. (“VIZIT”) TERMS OF SERVICE
Please read these Terms of Service (“Terms”) carefully as they contain important information relevant to your legal rights. By using the Vizit Platform, you agree to be bound by these Terms unconditionally.
These Terms constitute a legally binding contract between you and Vizit and govern your use and access of the Vizit website, mobile application, and all other associated services (collectively referred to as the “Vizit Platform”). When the Terms refer to “Vizit,” “we,” “us,” or “our,” it refers to the Vizit Homes Inc. company you are contracting with.
- Users acknowledge that Vizit is an online marketplace for real estate listings (“Listings”). Vizit does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings to the Vizit Platform.
- Part of the content of the Vizit Platform, including real estate listings and related information, images, and photographs (“Listing Content”) are protected by copyright, which is owned by the Canadian Real Estate Association (CREA) members who supplied the Listing Content and is reproduced under license.
- The Listing Content is intended for the private, non-commercial use by individuals. Any commercial use of the Vizit Platform or Listing Content is expressly prohibited.
- MLS®, Multiple Listing Service, and the associated logos are all registered trademarks owned by CREA and are used to identify real estate services provided by real estate brokers and salespersons who are members of CREA. Nothing contained on the Vizit Platform gives any user the right or license to use any trademark without the express permission of the owner.
- Users further acknowledge that some listings are put onto the Vizit Platform by the legal owner of the real estate and not through CREA or the MLS®.
- Users of the Vizit Platform acknowledge that Vizit takes no responsibility and does not guarantee in any way the accuracy of the Listing Content provided on the Vizit Platform.
- Users acknowledge and agree that legal owners of real estate property (“Sellers”) may register through the Vizit Platform and may thereafter use the Vizit Platform to grant instant access to registered users who wish to view Seller’s property in person. In such an event, Sellers acknowledge and agree that Vizit assumes no liability for any damages of any kind whatsoever resulting from Sellers’ decision to grant instant access to Buyers. For the sake of clarity, Sellers agree that they have the sole and absolute discretion to allow Buyers instant access into a Listing and as such they assume full responsibility for any damages that may occur after a Buyer is granted instant access.
- You must be at least 18 years old and able to enter into legally binding contracts to access and use the Vizit Platform. By accessing or using the Vizit Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
- You acknowledge and agree that Vizit may make access and use of the Vizit Platform such as completing a verification process, meeting specific quality or eligibility criteria, or any other use that Vizit sees fit in our sole discretion.
- User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any user’s identity. Notwithstanding this fact, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to ask users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of users.
- Users acknowledge and agree that Vizit’s verification process does not guarantee Buyers’ identities and there is still a risk of damages to Sellers. Users acknowledge and agree that Vizit disclaims all liability for any damages suffered by Sellers to their property or otherwise, specifically including damages inflicted by a user verified by Vizit.
- Users further acknowledge that Buyers may suffer harm or damages from entering a Sellers’ property using the Vizit Platform. Users agree that Vizit disclaims all liability for any damages suffered by Buyers as a result of entering into Sellers’ property through the Vizit Platform. Simply put, users agree to use the Vizit Platform at their own risk.
- As a Buyer, you are responsible for leaving the Sellers’ property (including any personal or other property located at the property) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the property, excluding the Seller (and the individuals the Seller invites to the property, if applicable).
- Users acknowledge and agree that they have the ability to enter into legally binding real estate purchase contracts through the Vizit Platform. Vizit shall not be a party to any real estate purchase contract entered into and shall not be liable for any breach of said contracts. Vizit strongly encourages all users to seek out independent legal advice prior to entering into a real estate purchase contract through the Vizit Platform. Vizit may provide general suggestions to users who are filling out real estate purchase contracts, but these suggestions should not be relied upon or treated as legal advice. Users agree that any real estate purchase contract shall be strictly between the Seller and Buyer. Vizit shall not be liable for any damages whatsoever resulting from your decision to enter into a real estate purchase contract.
- Vizit reserves the right to modify these Terms at any time in accordance with this provision. In the event we make changes to these Terms, we will notify you by sending an email to your registered email address and invite you to review the revised Terms. If you disagree with any part of the revised Terms, you may terminate your use of the Vizit Platform with immediate effect. If you continue to use the Vizit Platform, it will constitute acceptance of the revised Terms.
- The Vizit Platform may contain hyperlinks to websites or applications operated by third parties. Such hyperlinks are provided for the user's reference only. Vizit does not control such websites or applications and is not responsible for their contents or the privacy or other practices of such websites or applications.
- You agree to provide accurate, current and complete information during the registration process.
- You acknowledge and agree that nothing in these Terms shall limit your liability for fraudulent misrepresentation, or for your negligence resulting in personal injury or death.
- Vizit encourages you to seek out independent legal advice prior to agreeing to these Terms.
- You agree and acknowledge that a person who is not party to this contract has not privity of contract to enforce any term of this contract.
- You agree that Vizit is permitted to collect, transfer, store and use your personal information in any way in our sole discretion as permitted by law.
- You agree to receive marketing communications from Vizit.
- You agree and acknowledge that Vizit may transfer its rights under these Terms (and any related claims) to any third party without first obtaining your prior written consent.
- Nothing in these Terms shall create an employment relationship, agency relationship, partnership, or joint venture of any kind between Vizit and any user.
- This contract constitutes the entire agreement between you and Vizit and supersedes any and all prior agreements and understandings, undertakings, whether written or oral, made between you and Vizit with respect to the subject matter specifically provided or referred to in this contract. You agree and acknowledge that your right to access and use the Vizit Platform is subject to all applicable laws.
- You agree and acknowledge that your right to access and use the Vizit Platform is subject to any and all rules or policies applied by the relevant App Store from which you access the Vizit Platform.
- If any provision of this contract is determined illegal or unenforceable, such provision shall be ineffective to the extent of such illegality or unenforceability but shall not invalidate or affect the validity or enforceability of the remaining provision of this contract.
- This contract is governed by and shall be construed in accordance with the laws of the Province of Alberta.
- These Terms shall be interpreted without regard to which party drafted these Terms.
- Any notice sent to Vizit must be sent by registered mail to Vizit Homes Inc., 117 5th Avenue South, Lethbridge, Alberta T1J 0T7. Vizit will send notices to you via the email address you provide, or by registered mail. You agree that notices sent by registered mail will be deemed received 5 days following the date of mailing. You agree that notices sent by email will be deemed received the following working day after they were sent.
VIZIT HOMES INC. (“VIZIT”) INSTANT ACCESS DISCLAIMERS
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GRANTING INSTANT ACCESS TO THIS PROPERTY. YOU UNDERSTAND THAT VIZIT HOMES INC. ASSUMES NO LIABILITY FOR ANY DAMAGES THAT MAY OCCUR TO THE PROPERTY AS A RESULT OF GRANTING SUCH ACCESS. BY PROCEEDING, YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES THAT MAY OCCUR.
YOU ACKNOWLEDGE THAT YOU ARE REQUESTING INSTANT ACCESS TO THIS PROPERTY. YOU UNDERSTAND THAT VIZIT HOMES INC. ASSUMES NO LIABILITY FOR ANY PHYSICAL HARM OR DAMAGE THAT MAY RESULT FROM ENTERING THIS PROPERTY AND YOU AGREE TO ENTER AT YOUR OWN RISK. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE PROPERTY OF THE SELLER, AND THAT YOU WILL BE HELD SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE PROPERTY THAT OCCURS DURING THIS PERIOD OF INSTANT ACCESS.