Last updated: December 12, 2021
The following terms of use, together with any documents and/or additional terms they expressly incorporate by reference (collectively, the “Terms of Use”) govern your access to and use of: (a) our website available at kingshah.com (the “Website”), including any content and functionality (collectively, the Website are “kingshah.com”); (b) any text, pictures, media, data, information, materials and other content (collectively, the “Content”) contained on or provided through (a); and (c) all other products or services provided by us to youon or through kingshah.com (collectively, the “Offering(s)”). References in these Terms of Use to kingshah.com will include where applicable the Content and the Offerings.
These Terms of Use form an agreement between kingshah.com and our subsidiaries (“kingshah.com”, “us”, “we”, “our”) and you. The term “you” or “User” refers to the person or entity browsing, installing, downloading, accessing or otherwise using kingshah.com (“use” or “using” in these Terms of Use will mean any of the foregoing).
BY USING kingshah.com IN ANY WAY OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH kingshah.com IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT ACCESS OR USE kingshah.com.
IF YOU ARE USING kingshah.com ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any Offerings.
Changes to these Terms of Use and kingshah.com
(a) Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change any element of these Terms of Use at any time. When we change these Terms of Use, we will: (i) place a notice on the kingshah.com Website, send you an email, or notify you by some other means as required by applicable law; (ii) post a new version of the Terms of Use to kingshah.com; and (iii) update the “Last Updated” date at the top of these Terms of Use. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of kingshah.com is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using kingshah.com. Otherwise, your continued access to or use of kingshah.com after any changes to these Terms of Use indicates your acceptance of such changes.
(b) We reserve the right to change kingshah.com at any time, without notice. We may, at our discretion, suspend your access to or use of kingshah.com or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; or (iii) to address any emergency security concerns. You may need to update third-party software from time to time in order to use kingshah.com.
User Account
(a) To access certain features of kingshah.com, you may be required to successfully sign up for a user account using the available interfaces of the services, and establish login credentials (the “User ID”). If you establish a User ID, you will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person. You must provide us with true, accurate, current and complete information for your User ID. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to kingshah.com.
(b) We reserve the right to disable any User ID issued to you at any time in our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing kingshah.com (or any portion thereof).
(c) kingshah.com is entitled to act on instructions received through your account. kingshah.com is not responsible for any actions taken or transactions made to or from your account by any other party using your User ID. You are solely responsible for any and all use of your User ID and all actions and activities that occur under or in connection with the User ID. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of kingshah.com and your account, including without limitation terminating your account or changing your password. You agree to be responsible for any act or omission of any users that access kingshah.com under your User ID that, if undertaken by you, would be deemed a violation of these Terms of Use. If a username and password, or any other access credentials, are provided to you as the end user, it is your responsibility to keep such information confidential.
Electronic Communications
(a) When you use or view kingshah.com or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, by text message, or by posting notices on kingshah.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(b) If you elect to receive text messages through kingshah.com, standard data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of kingshah.com.
(c) By creating an account to access kingshah.com, you acknowledge and agree that kingshah.com will send you service-related e-mails and text messages relating to your account, including service updates. These communications can be managed through user features made available through kingshah.com from time to time. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must uninstall, delete and stop using kingshah.com. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email, telephone number or contact information so that you continue to receive all communications without interruption.
Description of Offerings
kingshah.com is digital-first real estate information and service provider. kingshah.com has a real estate broker license in certain provinces.
User Data and Privacy
(a) By using kingshah.com, you acknowledge and agree that kingshah.com will be transmitting certain of your Personal Information electronically.
(b) You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to access, collect, store and use any data, information, records or files that you load, transmit to or enter into, or that we collect from, kingshah.com, including your Personal Information (collectively, “User Data”): (i) to develop, enhance and make available kingshah.com; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Data”). We and our affiliates and service providers, and each of their and our respective licensees, successors and assigns are free to create, use and disclose Aggregated Data during and after the Term for any purpose and without obligations of any kind. To the extent permitted by applicable law, kingshah.com will not be liable for any failure to store, or for loss or corruption of your User Data.
(c) Please review our current privacy policy, which contains important information about our practices in Handling information about identifiable individuals (“Personal Information”), and which is hereby incorporated into and forms a part of these Terms of Use. The term “Handle” means to access, receive, collect, use, transmit, store, process, record, disclose, transfer, retain, dispose of, destroy, manage or otherwise handle.
(d) You represent and warrant to us that: (i) your User Data will only contain your own Personal Information or Personal Information in respect of which you have provided all necessary notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available kingshah.com and Handle the User Data as contemplated under these Terms of Use; (ii) you own or control the appropriate rights in and to your User Data , including any intellectual property owned by third parties; and (iii) you will not submit, upload, or otherwise make available via kingshah.com, any User Data that: (A) you do not have the rights necessary to use, transmit, publish, or to grant us the license as described herein; (B) infringe, misappropriate, or otherwise violate any intellectual property, publicity or other rights of any third party; or (C) breach or violate any applicable laws or these Terms of Use.
App Updates and Upgrades
You acknowledge that kingshah.com may from time to time issue updated or upgraded versions of kingshah.com, and may (subject to your device settings) automatically electronically update or upgrade the version of kingshah.com that you are then currently using on your browser. You consent to receive updates or upgrades to kingshah.com automatically without providing further consent each time. kingshah.com (including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in kingshah.com description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Policy. We are not responsible if an update or upgrade affects how kingshah.com works if this is caused by your own equipment or device not supporting the update or upgrade. You can withdraw consent at any time under certain conditions by contacting us in the manner described below.
Ownership of and License to kingshah.com
(a) Neither these Terms of Use nor your use of kingshah.com grants you ownership in kingshah.com. These Terms of Use do not grant you any right to use any Content, including kingshah.com ‘ trademarks, graphics, logos and other commercial symbols or brand elements. All right, title and interest, including intellectual property rights, in and to kingshah.com, including any updates, adaptations, translations, customizations or derivative works thereof, will remain the sole property of kingshah.com (or our third-party suppliers, if applicable). Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable license during the Term to use kingshah.com. kingshah.com and all materials provided by us hereunder are made available or licensed and not “sold” to you. All rights not expressly granted to you in these Terms of Use are reserved by kingshah.com.
(b) Certain elements of kingshah.com are protected by copyright. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling kingshah.com or any portion thereof or sharing or granting access in any of the foregoing to any third party for any purpose.
(c) kingshah.com is the trademark and trade name of kingshah.com . Any trademarks, graphics, logos or other commercial symbols appearing in or on kingshah.com and Offerings are the exclusive property of kingshah.com (or its third-party suppliers) and may not be used in any manner without our express written consent.
Additional Terms
Your access to and use of certain functionalities provided in or through kingshah.com may be subject to additional terms and conditions presented to you by kingshah.com or its service providers. Such additional terms and conditions are incorporated herein by reference and you agree to comply with such additional terms and conditions at all times. If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Terms of Use, then the provisions of these Terms of Use will govern to the extent of such conflict or inconsistency, unless the conflicting term in the additional terms expressly states that the conflicting term in these Terms of Use do not apply. If you do not accept and agree to such additional terms and conditions, you may not be able to, and you should not, access or use those functionalities.
Your Responsibilities
You agree to:
(a) prevent unauthorized access to or use of kingshah.com;
(b) maintain, protect and make backups of your User Data;
(c) keep your contact information associated with your account current and accurate at all times;
(d) comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy laws and anti-spam;
(e) not register for more than one account, register for an account on behalf of an individual other than yourself without such individual’s authorization, or register for an account on behalf of any group or entity;
(f) not use anyone else’s User ID at any time, without the permission of the User ID holder; and
(g) except as authorized by applicable law, you agree not to export, re-export or transfer kingshah.com or any part thereof to any country, person, entity or end-user subject to applicable export controls or sanctions. For greater certainty, you are responsible for complying with all applicable trade restrictions, regulations and laws both foreign and domestic.
No Unlawful or Prohibited Use
You will not use kingshah.com in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use kingshah.com for any purpose other than to access and use kingshah.com in accordance with these Terms of Use. Without limiting the generality of the foregoing, you will not (and will not attempt to,) directly or indirectly:
(a) disable or interfere in any way with servers or networks connected to kingshah.com;
(b) attempt to gain unauthorized access to kingshah.com;
(c) transmit or communicate in any way on kingshah.com any data, information, media or any other materials or content that:
(i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
(ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate;
(iii) is false, inaccurate, intentionally misleading, or impersonates any other person;
(iv) gives the impression that it originates from or is endorsed by us or any other person or entity, if that is not the case;
(v) is libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, exploitative, obscene, harmful, sexually explicit, inflammatory, offensive or discriminatory in any way or is otherwise objectionable, such determination to be made in kingshah.com ‘ sole discretion;
(vi) is harmful to minors in any way or targeted at minors; (vii) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party; or
(vii) violates, or encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability;
(d) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile kingshah.com or any part thereof or otherwise attempt to discover any source code;
(e) use kingshah.com for the purpose of building a similar or competitive offering;
(f) violate the terms of use of any third party website that is linked to kingshah.com;
(g) impersonate kingshah.com or any other person or entity;
(h) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of kingshah.com, or which, as determined by us, may harm kingshah.com or users of kingshah.com or expose them to liability; (h) promote any illegal activity or advocate, promote, or assist any unlawful act; or
(i) authorize, permit, enable, induce or encourage any third party to do any of the above.
Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through kingshah.com. We do not guarantee the security of data transmitted over the internet or public networks in connection with your use of kingshah.com.
Feedback
You agree that any suggestion, feedback or idea provided by you (collectively, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use or otherwise will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you and without any obligation to you. You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from, and otherwise exploit and disclose to third parties the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on kingshah.com or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. You will not have any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of any Feedback. You hereby waive, and you agree to waive, any moral and author’s rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.
Third Party Content, Websites or Services
(a) kingshah.com may provide or publish links or access to third party content, websites, or services. Likewise, we may allow you to access kingshah.com from third party systems. kingshah.com does not represent that it has reviewed such third party websites or services and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third party content, websites, or services are the property of their respective owners. kingshah.com does not endorse any third party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under kingshah.com ‘ control, and if you choose to access any such content, websites, or services, or to access kingshah.com from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use.
(b) Your interactions with organizations and/or individuals found on or through kingshah.com, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that to the fullest extent permitted by applicable law kingshah.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If you choose to contact an organization or individual through kingshah.com, you consent to us providing any information you submit to the third party and you acknowledge that we may be paid for the facilitation of this connection.
(c) Some of our third party content providers have specific requirements for you to see their data. These requirements are provided in Section 23 (Virtual Office Website). By using kingshah.com, you agree to accept and conform with these requirements.
Malicious Code and Security
The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that kingshah.com is compatible with your computer system or mobile device or that kingshah.com, or any links from kingshah.com, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and/or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system and/or mobile device that may be necessary as a result of your use of kingshah.com.
Disclaimer
THE LAWS OF CERTAIN JURISDICTIONS, WHICH MAY INCLUDE QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT kingshah.com AND OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO kingshah.com AND OFFERINGS WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT kingshah.com AND OFFERINGS ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH kingshah.com.
Non-Reliance
You acknowledge and agree that:
(a) the list of properties listed on kingshah.com may not be a complete list of every property available for sale and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
(b) the information contained about a particular property may not be accurate or complete and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information;
(c) any map displayed may not be complete, accurate, or up-to-date;
(d) the inclusion of any realtor, mortgage broker, or other service provider on kingshah.com is not an endorsement of such service provider by kingshah.com and does not in any way mean that kingshah.com has conducted any due diligence or other investigation regarding their services; and
(e) in the event you decide to purchase a property, you will conduct all required research and not rely on the information contained in kingshah.com.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICES PROVIDERS AND ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING (COLLECTIVELY WITH kingshah.com , THE “kingshah.com PARTIES”) BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO kingshah.com OR THE INABILITY TO MAKE USE OF kingshah.com, OR THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF kingshah.com, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF kingshah.com.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ANY OF THE kingshah.com PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, PANDEMICS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
Indemnification
You will defend, indemnify and hold harmless the kingshah.com Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: (a) Your User Data ; (b) your breach of any provision of these Terms of Use or any documents referenced herein; (c) your violation of any law or the rights of a third party (including intellectual property rights); (d) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into kingshah.com; or (e) your use of kingshah.com or Offerings (except to the extent prohibited by law). kingshah.com reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences. You agree that the provisions in this section will survive any termination of your account, the Terms of Use or your access to kingshah.com.
Term and Termination
These Terms of Use will commence on the day you first use kingshah.com and will remain in effect until terminated by either party in accordance with the provisions of these Terms of Use (the “Term”). We may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through kingshah.com. You may terminate these Terms of Use at any time and with immediate effect by requesting by email that your User ID be deleted, ceasing use of kingshah.com and uninstalling and deleting kingshah.com. For greater certainty, if you continue to use any portion of kingshah.com that is publicly available after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.
Geographic Restrictions
kingshah.com makes no representation that kingshah.com is or will be available for use in all locations outside Canada or all locations within Canada. We provide kingshah.com for use only by persons located in Canada, excluding Quebec. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
General Provisions
(a) Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law, and such laws apply to your access to or use of kingshah.com, notwithstanding your domicile, residency or physical location. You will only use kingshah.com in jurisdictions where kingshah.com may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia in all disputes arising out of or relating to the use of kingshah.com. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
(b) Entire Agreement. These Terms of Use, including all terms and conditions incorporated by reference, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to kingshah.com and Offerings. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial 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.
(c) Survival. The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 5 (User Data and Privacy), 6 (Ownership of kingshah.com), 8 (Additional Terms), 11 (Communications Not Confidential), 13 (Third Party Content, Websites or Services) 14 (Malicious Code and Security), 15 (Disclaimer), 17 (Limitation of Liability), 18 (Indemnification), and 21 (General Provisions).
(d) Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
(e) Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
(f) Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
(g) Dispute Resolution. If you believe that kingshah.com has not adhered to these Terms of Use, please contact kingshah.com using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
Contact
If you have any questions or comments regarding these Terms of Use, please contact us at legal@kingshah.com.
Virtual Office Website Requirements
kingshah.com is a member of real estate associations, boards, and similar organizations across Canada (collectively and individually, the “Real Estate Boards”), and provides you with access to information from these entities through a Virtual Office Website (“VOW”), pursuant to the following terms.
(a) General requirements. You acknowledge and agree that:
(i) You are entering into a lawful broker-consumer relationship with kingshah.com .
(ii) All information obtained by you from kingshah.com is intended only for your personal, non-commercial use.
(iii) That you have a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through kingshah.com.
(iv) These Terms of Use do not create a fiduciary obligation or agency relationship between you and kingshah.com .
(v) The information contained on kingshah.com is based in whole or in part on information that is provided by other members of the Real Estate Boards who are responsible for its accuracy. The Real Estate Boards reproduce and distribute this information as a service for its members and assume no responsibility for its accuracy.
(vi) You will not copy, redistribute, retransmit, or otherwise use any of the data provided, except in connection with your consideration of the purchase or sale of an individual property.
(vii) You will not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense any data obtained through the VOW to another individual or entity. The prohibited uses expressly include “scraping” (including “screen scraping” and “database scraping”), “data mining” or any other activity intended to collect, store, re-organize, summarize or manipulate the data.
(viii) You expressly authorize the Real Estate Boards or their duly authorized representatives, to access your information provided to kingshah.com , for the purposes of verifying compliance with and pursuing enforcement of these Terms of Use and all applicable rules, regulations, bylaws, policies, and laws.
(b) Specific Real Estate Board Requirements. To the extent applicable, you acknowledge:
(i) That the Canadian Real Estate Association (CREA) is the owner of the REALTOR® and MLS® trademarks: REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to CREA. These certification marks identify real estate professionals who are members of CREA and who must abide by CREA’s By-Laws, Rules, and the REALTOR® Code. The MLS® trademark and the MLS® logo are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA.
(ii) The Toronto Regional Real Estate Board (TRREB)’s ownership of, and the validity of TRREB’s proprietary rights and copyright in, the MLS® database, TRREB’s MLS® System, TRREB’s listing information and any related data.
(iii) The Information Technology Systems Ontario (ITSO)’s ownership of and the validity of ITSO’s copyrights in the MLS® System data.
(iv) The Real Estate Board of Greater Vancouver (REBGV)’s proprietary rights and copyright in the MLS® VOW Data, and listing information.
(v) That you have received, read and understood the brochure published by the British Columbia Real Estate Association entitled Privacy Notice and Consent.
(vi) Alberta One Realty Listing Services Inc. (Pillar9)’s ownership of and the validity of the copyright in the MLS® System.
(vii) The Ottawa Real Estate Board (OREB)’s ownership of, and the validity of OREB’s proprietary rights and copyright in, the MLS® System Database, OREB’s MLS® System, listing information and any related information
kingshah.com App Third Party Terms
(a) Apple App Store Additional License Terms. If kingshah.com is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for kingshah.com and content thereof is governed by these Terms of Use. Notwithstanding anything to the contrary hereunder, you may use kingshah.com only on a device that you own or control. You acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to kingshah.com. In the event of any failure of kingshah.com to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for kingshah.com to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to kingshah.com, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use. Any claim in connection with kingshah.com related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim. Any third party claim that kingshah.com or your possession and use of kingshah.com infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim. You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties. You may contact us in writing regarding any notices, questions, complaints or claims with respect to kingshah.com at the contact information below. Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
(b) Google Play Additional License Terms. If kingshah.com is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:
(i) You acknowledge that Google is not responsible for providing support services for kingshah.com.
(ii) If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms of Use was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
Privacy Policy
Last Updated: December 12, 2021
kingshah.com Ltd. (“kingshah.com “) values and respects your privacy. We have prepared this privacy policy to explain the manner in which we collect, use and disclose personal information through our website located at kingshah.com (the “Website”), our web application (the “kingshah.com Web App”), our mobile application (the “kingshah.com App”) and otherwise interact with you. Collectively, we refer to the Website, the kingshah.com Web App and the kingshah.com App as “kingshah.com”.
Collection and Use of Personal Information
1.1 Create an Account
You do not have to register to visit or use our Website. However, if you choose to create an account in order to access additional information for homes available for sale, view photos, and save searches, we will need to collect certain information from you. The information we collect includes your first and last name, email address, and phone number. We use this information to create and administer your account. If you become aware of any unauthorized access to or use of your account, you are required to notify us immediately.
1.2 Marketing Communications and Advertisements
We may collect your email address and cell phone number for the purpose of communicating with you. You can unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of each email or modifying your settings in your account. Please note that you may continue to receive transactional or account-related communications from us.
If you engage with our marketing campaigns on social media websites such as engaging with an influencer’s post, we may collect information (e.g. likes, shares, and comments) for the purposes of evaluating the effectiveness of our marketing campaign.
1.3 Location Information
We may have access to certain information about your location, such as your country or address, when you provide it or via device information (such as an IP address). If you access our sites on your mobile device we may collect information about your device’s precise location.
1.4 Push Notifications
We may display push notifications on your mobile device such as welcome messages, product features and promotional offers. If you wish to stop receiving push notifications from us, you can turn off push notifications for the App in the settings of your mobile device.
1.5 Contests and promotions
When you enter a contest or participate in a promotion, we may collect your name, address, phone number, email address, and other information you provide. We use this information to administer your participation in the contest or promotion.
1.6 Careers
If you apply for a job with us, you may provide us with certain personal information about yourself, such as information contained in a resume, cover letter, or similar employment-related materials. We use this information for the purpose of processing and responding to your application for current and future career opportunities.
1.7 Connecting Social Media
You can engage with some of our content and offerings, such as videos, articles, images, and other offerings on or through third party communities, forums, and social media sites, services, plug-ins, and applications (“Social Media Sites”). If you connect your social media account, you authorize us to access certain account information (consistent with your social media account privacy settings), including your name and email address as well as any public messages you post. We use such information from the Social Media Site to personalize your experience on our Website, the kingshah.com App, and Social Media Sites, to provide you with products or services you may request, to communicate with you, and otherwise in accordance with this Privacy Policy.
We do not have access to or collect any information contained in the direct messages of your social media account. You may disconnect your Social Media Site accounts from us at any time in your settings. We do not have control over the manner in which your personal information is treated on these Social Media Sites. Please review the privacy policies that apply to those social media accounts for more information.
1.8 Contact Us
When you contact us with a comment, question or complaint through email or telephone, you may be asked for information that identifies you, such as your name, address, email address and a telephone number, along with additional information we need to help us promptly answer your question or respond to your comment. We may retain this information to assist you in the future and to improve our customer service and service offerings.
1.9 Call Recording
We may monitor and record our telephone conversations with you for documentation, training, and quality assurance and documentation purposes. If you do not wish to have your call recorded, please let us know.
1.10 Technical and usage information
We also collect certain technical and usage information when you use our Website, such as the type of device, browser, and operating system you are using, your Internet service provider or mobile carrier, unique device identifier, IDFA or IDFV, MAC address, IP address, device and browser settings, the webpages and mobile apps you use, advertisements you see and interact with, and certain Website usage information. See our Cookies and Other Technical Information section for more information on how we may use these technologies to collect this information.
Sharing of Personal Information
2.1 Service Providers
We have relationships with agents and third-party service providers that help us provide services to you including, but not limited to, designing, maintaining and improving the Site and our systems and computer security.
We also use third parties to analyze certain aggregate data collected on the Site for research purposes. We will not share your personal information to anyone other than to our employees or contractors and those of our affiliates and our respective agents and those third parties that require such information in order to help us provide services to our clients and administer our business. To the extent we allow a third-party service provider to access to your personal information for the purposes outlined herein, they will only be permitted to collect it or use it for purposes consistent with this Privacy Policy and applicable law.
Our service providers may be located in the U.S., Canada or other foreign jurisdictions. In the event personal information is transferred to the US or other foreign jurisdiction, it will be subject to the laws of that jurisdiction and may be disclosed to or accessed by the courts, law enforcement and governmental authorities in accordance with those laws.
2.2 Legal and Compliance
We, our affiliates and our Canadian, U.S. and other service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, to other organizations in the case of a breach of an agreement or contravention of law or for the purposes of detecting, preventing or suppressing fraud, or as otherwise required or permitted by applicable Canadian, US or other law (which may include lawful access requests by courts, law enforcement and government institutions in such foreign jurisdictions). We may also disclose personal information where necessary for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspect loss or harm to persons or property.
2.3 Sale of Business
We may transfer or disclose any information we have about you as an asset in connection with a proposed or completed merger, acquisition or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of kingshah.com or as part of a corporate reorganization or other change in corporate control.
2.4 Business Partners
With your consent, we may provide your personal information to our affiliated companies, co-sponsors or other business partners to use in accordance with their own privacy policies. We may share your personal information so that our business partners, affiliated companies or co-sponsors may provide you with information on the products and services they make available to you through our Site or that may be of interest to you.
2.5 Real Estate Boards
kingshah.com is a member of real estate associations, boards, and similar organizations across Canada (collectively and individually, the “Real Estate Boards”), and provides you with access to information from these entities. You expressly authorize the Real Estate Boards or their duly authorized representatives, to access your information provided to kingshah.com , for the purposes of verifying compliance with and pursuing enforcement of the Terms of Use and all applicable rules, regulations, bylaws, policies, and laws.
2.6 Other Reasons
Where required or permitted by applicable law, we may share our personal information for other reasons than we disclose to you.
International Transfer
We operate internationally, and many of our computer systems are currently based in the United States, this means information we collect will be processed by us or our affiliates or service providers in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union or Canada.
Information About our Website
4.1 Visiting our Website
In general, you can visit our Website without telling us who you are or submitting any personal information. However, we may collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system and average time spent on our Website. We use this information to help us understand our Website activity, for compliance with our contractual obligations, and to monitor and improve our Website.
4.2 Cookies
Our Website uses a technology called “cookies”. A cookie is a tiny element of data that our Website sends to a user’s browser, which may then be stored on the user’s hard drive so that we can recognize the user’s computer or device when they return. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our Website, you may not be able to take advantage of all of the Website features.
4.3 Analytics
We may use a third party such as Google Analytics to help us gather and analyze information about the areas visited on the Website (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the Website. For more information or to opt-out using the Google Analytics opt-out browser add-on, see: How Google uses information from sites or apps that use our services.
4.4 Tracer Tags & Web Beacons
The Website may also use a technology called “tracer tags” or “Web Beacons”. This technology allows us to understand which pages you visit on the Website. These tracer tags are used to help us optimize and tailor the Website for you and other future visitors to the Website.
Mobile Application
From time to time, we offer the kingshah.com App for download. We will use commercially reasonable efforts, given the limitations imposed upon us by third party providers such as Apple Inc. and Google Inc., to clearly disclose what, if any information is collected by the particular App, how it is used, and with whom it is shared. Please note, certain practices are outside of our control, for example, tracking by Google, Inc., Apple, Inc., or your third party telecommunications carrier. We are not responsible for the actions of such third parties. You should always read and understand the policies of any third party provider, such as Google with respect to Android apps and Apple with respect to IOS apps, and your wireless carrier, before making any purchase or downloading any mobile application.
Safeguards and Retention
We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to personal information on a need-to-know basis to employees, contractors, and authorized service providers who require access to fulfil their job requirements.
We have record retention processes designed to retain personal information for no longer than necessary for the purposes set out herein or as otherwise required to meet our legal or business requirements.
Your Choices
7.1 Marketing Communications and Push Notifications
You can unsubscribe any time from our marketing communications by clicking the “unsubscribe” link included at the bottom of the email or through your account. To opt out of receiving our text message marketing communications, If you no longer wish to receive text messages or push notifications from us on your mobile device you can manage your preferences through your device or app settings, depending on the type of device.
7.2 Precise Location Information
To disable the collection of precise location information from your mobile device through the kingshah.com App, you can access your mobile device settings and choose to limit that collection.
7.3 Managing Cookies and other Technologies
Cookies can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). Check your browser settings to learn how to delete cookies. However, blocking cookies or similar technology might prevent you from accessing some of our content or Website features.
Access to Information
Subject to limited exceptions under applicable law, you have the right to access, update and correct inaccuracies in your personal information in our custody and control. You may request access, updating and corrections of inaccuracies in your personal information in our custody or control by emailing or writing to us at the contact information set out below. We may request certain personal information for the purpose of verifying your identity before providing access to their personal information records.
Children
kingshah.com is intended for general audience. We do not permit anyone under the age of majority to register with us. We also do not send email correspondence to anyone who tells us that they are under the age of majority.
Minors should always ask their parents or guardians for permission before providing any contact information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise minor’s access to the Internet.
Updates to the Privacy Policy
We may update this privacy policy periodically to reflect changes to our privacy practices. We encourage you to periodically review this page to ensure you are familiar with those changes. We will indicate at the top of this privacy policy when it was most recently updated.If we are required by law to obtain your express consent for any changes to the Privacy Policy, then we will make a commercially reasonable attempt to obtain your consent before implementing such revisions.
Contact Us
If you have any questions or comments about this privacy policy or the manner in which we or our service providers treat your personal information, or to request access to your personal information in our records, please contact our Privacy Officer at privacy@kingshah.com.
