Last updated: December 12, 2021
(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).
(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.
App Updates and Upgrades
Ownership of and License to 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.
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
(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;
(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.
Third Party Content, Websites or Services
(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.
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.
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
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.
Term and Termination
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.
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.
(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.
(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
(i) You acknowledge that Google is not responsible for providing support services for kingshah.com.
Last Updated: December 12, 2021
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.
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
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.
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
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.
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.
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.
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.
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.
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.
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.