ASSIGNMENTBUDDY.CA TERMS & CONDITIONS

Last updated April 20, 2023

The ASSIGNMENTBUDDY.CA web application and website, is owned and operated by A2Z BUDDY INC., carrying on its business activities in Ontario, Canada. These Terms of Use govern your use of this ASSIGNMENTBUDDY.CA services.

1. YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use hereinafter referred to as “TOU'' constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and A2Z BUDDY INC., (“ASSIGNMENTBUDDY.CA”, “we,” “us” or “our”), concerning your access to and use of ASSIGNMENTBUDDY.CA and any other media form, media channel, related, linked, or otherwise connected thereto (collectively, “the Website or Site” or “Web App” or “ASSIGNMENTBUDDY.CA”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOU. IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental TOU or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOU at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these TOU and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these TOU to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOU by your continued use of the Site after the date such revised Terms are posted.

The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Service.

2. YOUR ACCEPTANCE OF OUR PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at the link provided on our website. By using the Service and agreeing to these TOU, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Service is hosted in Canada. If you access the Service from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the Service, you are transferring your data to Canada, and you agree to have your data transferred to and processed in Canada.

3. YOUR CONSENT TO OTHER AGREEMENTS

When you intend to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these TOU, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

4. ABOUT ASSIGNMENTBUDDY.CA

A2Z Buddy Inc., is a corporation carrying on its business operations in Canada. ASSIGNMENTBUDDY.CA is a listing platform that we created and operate to help individuals and businesses to find assignment properties for sale and for property owners, builders, and realtors to advertise assignment properties online for a fee. In addition, this Website enables businesses and professionals to promote their business in the form of advertisements on the Website for a small fee.

We recommend that users get expert advice and conduct their real-estate transactions employing the services of a licensed real-estate professional and lawyer

5. ADVERTISING

By advertising their content or services on ASSIGNMENTBUDDY.CA, the advertiser agrees to these terms and conditions:

Acceptance of Advertising: The acceptance of advertising on our website is at our sole discretion. We reserve the right to reject or remove any advertising that we deem inappropriate or contrary to our values.
Advertising Fees: The advertising fees are due in advance and are non-refundable. We reserve the right to change the advertising fees at any time without notice.
Content Approval: All advertising content is subject to our approval, and we reserve the right to request modifications or refuse any advertising content that we deem inappropriate.
Placement: We reserve the right to determine the placement of advertising on our Website.
Duration: The advertising duration is subject to the package purchased, and we reserve the right to remove advertising content at any time.
Liability: We are not responsible for any loss or damage resulting from advertising on our listing. It is the responsibility of the advertiser to ensure that the advertising content complies with all applicable laws and regulations.
Indemnification: The advertiser agrees to indemnify and hold us harmless from any claims, damages, or expenses arising from the advertising content or its publication.
Termination: We reserve the right to terminate an advertising agreement at any time, without notice, if the advertiser breaches any of these terms and conditions.

6. STORE CREDIT

ASSIGNMENTBUDDY.CA may, from time to time, offer promotional store credit to its customers. The Store Credits are subject to the following terms and conditions:

Store Credit can only be used online for listing services at ASSIGNMENTBUDDY.CA only. Store Credit cannot be used for any other products or services on our Website.
Store Credit will be automatically applied to listing purchases. Purchases that exceed the value of the Store Credit will require the balance due to be payable via our payment gateway.
Store Credit may not be purchased and has no equivalent cash value
Once Store Credit has been issued, cannot be changed to a cash refund. The Store Credit is issued to you at the discretion of ASSIGNMENTBUDDY.CA as part of our marketing campaign. It cannot be exchanged or redeemed for cash. Services purchased using Store Credits are not subject to ASSIGNMENTBUDDY.CA returns or cancellation policies.
Store Credit balances are listed on your Account Page. Store Credit can only be used from your account and cannot be transferred to another person or account.
Store Credit is valid for 12 months from the date of issue. Any unused Store Credit will not be redeemable after the validity period. The validity date cannot be extended.
ASSIGNMENTBUDDY.CA will not be responsible for any lost or misappropriated Store Credit.
We reserve the right to correct the balance of your store credit if we believe that a clerical or account error has occurred.

Compliance With Law: By electing to receive Store Credit, you are certifying and representing to ASSIGNMENTBUDDY.CA that the activities in connection with which the Store Credit will be used will comply with these Terms and Conditions and all applicable laws, rules, and regulations, including the Terms and Conditions that govern the ASSIGNMENTBUDDY.CA website. In addition, you agree to defend and indemnify us and our subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of Store Credit or violation of any of these Terms and Conditions.

Acceptance of these Terms and Conditions: Your use of Store Credit constitutes acceptance of these Terms and Conditions. These Terms and Conditions are subject to change without notice.

7. USER ACCOUNT

ASSIGNMENTBUDDY.CA is free to use for viewing and filtering listed properties. However, to use some of the services, we require you to register an account with us. There are no fees for creating an account. Your Account is for your individual personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact us immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware.

You agree that we shall have no liability for any losses, damages, liabilities, or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes; such accounts may be publicly viewable.

8. USER CONDUCT AND RESPONSIBILITIES

The user agrees to accept responsibility for verifying the authenticity, accuracy, legality, and other aspects of assignment properties listed on the Site. We cannot guarantee the legality, legitimacy, authenticity, or correctness of any of the listings, and the user accepts and recognizes this.
You understand and acknowledge the images provided on the listing may not be a true representation of the actual listed property and may be provided for illustration purposes.
You agree and acknowledge that any of your interactions or dealings with third parties contacted via the Website are entirely at your own risk; and to exercise general financial and personal safety measures of dealing with others over the internet or in person.
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site.
You agree to receive alerts, notifications, promotions, and other information from us via phone/email in addition to direct contact from potential buyers.
If you choose to send your contact information (email and/or phone) to other users, or choose to display it on the Website; You accept and understand that we are not liable for any use/misuse of such contact information that occurs outside of our control; such as internet postings, unsolicited calls, text messages, spam emails, and other unwelcome contact or harmful content.
You agree that you will abide by these terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
You agree that you will not use or attempt to use another user’s account without authorization from such user and ASSIGNMENTBUDDY.CA.
You agree that you will not use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or that could damage, disable, overburden, or impair the functioning of the Site in any manner;
You agree that you will not do anything that might discover source code or bypass or circumvent measures used to prevent or limit access to any content, area or code of the Site;
You agree that you will not access any feature or area of the Site that you are not authorized to access.
You agree that you will not develop any third-party applications that interact with the Site without our prior written consent.
You agree not to use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extract data, or otherwise interfere with or modify the rendering of Site pages or functionality.
You agree that you will not bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Site or Use the Site for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

9. ASSIGNMENTBUDDY.CA INTELLECTUAL PROPERTY

Content For purposes of these Terms, "content" is defined as any information, communications, property listings, descriptions, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by A2Z BUDDY INC, our Affiliates, or our licensors.

Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted, or transmitted in any way except as provided expressly in these Terms or with prior express written consent from A2Z BUDDY INC. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to A2Z BUDDY INC or its licensors for violation of intellectual property rights.

Trademarks or service marks of A2Z BUDDY INC, and ASSIGNMENTBUDDY.CA include, but are not limited to, A2Z BUDDY, ASSIGNMENT BUDDY, ASSIGNMENTBUDDY.CA and the corresponding logos. All custom graphics, icons, logos, and service names are registered or common-law trademarks or service marks of A2Z BUDDY INC or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of A2Z BUDDY, ASSIGNMENTBUDDY.CA, our Affiliates or our licensors.

Site Use ASSIGNMENTBUDDY.CA grants you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site which is not owned by you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products, or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without the prior written permission from A2Z BUDDY INC, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. A2Z BUDDY INC reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.

No Warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.

10. YOUR INTELLECTUAL PROPERTY

Your Intellectual Property Rights Subject to our Privacy Policy, any Submissions by you will be treated as non-confidential. While you retain all rights to the Submissions, you grant ASSIGNMENTBUDDY.CA (including our employees and Affiliates) as well as the users of the Site, a perpetual, non-exclusive and worldwide license to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the Submissions on the Site and to effectuate ASSIGNMENTBUDDY.CA’s services and business without incurring any liability for royalties or any other consideration of any kind.

Your Content: By creating and publishing User Contents on ASSIGNMENTBUDDY.CA, you authorize other USERS to access and view your User Content, for their own lawful and personal use. You also represent, warrant, and undertake that for each submission:

you own, have a valid licence to, or otherwise control all rights in and to your User Content;
to the extent your User Content includes or utilises any third-party property, you have secured all rights, licences, written consents, and releases that are necessary for the use of such third-party property in your User Content;
you will not post any content depicting any person under 18-years old,
you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are within the usage eligibility requirements.
your User Content is non-confidential and will be made available to other USERS on the platform.
You grant ASSIGNMENTBUDDY.CA and Our licensees, successors, and assign the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

For clarification: The clause exists so that we may use your content by adding stickers, text, and watermarks, and to make your content available to Users, as well as for other normal operations of our Website.

You understand and acknowledge that if you choose to provide your contact information (email addresses and phone numbers) on the Website for potential buyers or advertisers to contact you directly; We are not liable for any use/misuse of such contact information that occurs outside of our control; such as internet postings, unsolicited calls, text messages, spam emails, and other unwelcome contact or harmful content.

You understand and acknowledge that in cases where you do not provide a representative image or picture of the property in your listing, our application reserves the right to upload an image for illustration purposes. Any images provided by you on the Website will be reviewed for any inappropriate content before being published on the website; such review of images and content may take up to 24 hours. We reserve the right to remove any images or content that violate our TOU.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

You shall indemnify ASSIGNMENTBUDDY.CA our licensees, successors, and assigns against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred arising out of or in connection with your User Content.

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.

Any questions regarding User Content can be addressed by emailing support@assignmentbuddy.ca.

Copyright Notice: We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing ASSIGNMENTBUDDY.CA content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbour provisions of the Digital Millennium Copyright Act, 17 U.S.C, 512 (c) and The Notice and Notice Regime under the Copyright Modernization Act of Canada.

If you believe that you or someone else’s copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us at support@assignmentbuddy.ca immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws in Canada. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. or Canadian Copyright Registration number(s), URL(s) etc.;
Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material(s);
The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
A statement that the Rights Holder has a good faith belief that the use of the material identified above in Part (ii) is not authorized by the copyright owner, its agent, or the law;
A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
The Rights Holder’s signature or electronic signature.

THIRD-PARTY WEBSITE AND CONTENT

The Service may contain (or you may be sent via the Service) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Service or any Third-Party Content posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service or relating to any applications you use or install from the Service. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

11. PAYMENTS & FEES

ASSIGNMENTBUDDY.CA charges a fee for platform listings and advertising. These charges are used to provide, maintain, and operate the Website. You accept and recognise that we have the right to increase the fees at our discretion. The Site is available to users for free to search, view and filter listings. We are not liable for any sale or purchase transactions; any refunds or complaints must be handled directly with concerned parties.

Acceptable mode of Payments for transactions on the Site are credit cards and such options provided by the Payment Gateway. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for any order. You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us.

Except when required by law, Listing and Advertising fees are non-refundable. In case of any special circumstances, please email the details to billing@assignmentbuddy.ca for support. The decision regarding refunds will be at the sole discretion of ASSIGNMENTBUDDY.CA and may vary depending on the specific circumstances of the case.

Please note that there will be no refunds or partial refunds if listings are withdrawn before the listing end date. It is important to carefully consider your decision to list an item before submitting it to ensure that it meets your requirements and is ready for sale. Once a listing has been submitted, it cannot be cancelled or refunded. Please be aware of this policy before placing any listings.

Listings once posted on our platform cannot be modified to another duration plan. However, they can be withdrawn and reposted under a different duration or plan. Please note that no refund or adjustment of any transactions will be made in such cases. It is the responsibility of the user to carefully choose the duration and plan of their listing before posting. We reserve the right to modify or update these terms and conditions at any time without prior notice. By using our platform, you agree to abide by these terms and conditions

System outages and internet service provider outages outside of our control: We strive to maintain uninterrupted access to our services, but we cannot guarantee that our systems will be available at all times. In the event of a system outage or internet service provider outage outside of our control, we can make reasonable adjustments to the listing duration to compensate on a case-by-case basis. However, we will not issue refunds in such cases.

Billing Issues and Support: You must notify us about any billing problems or discrepancies as soon as you become aware of them. We will make every effort to assist you with any billing queries, please contact us at billing@assignmentbuddy.ca from your registered email address.

12. USER DUE DILIGENCE

We recommend that a User undertake their own personal due diligence before conducting any transaction with other Users, Sellers, or Advertisers on the platform. ASSIGNMENTBUDDY.CA provides no assurances about the listings or advertisements or data furnished on our Website.

We recommend that users engage the services of a licensed real-estate professional and lawyer for any real-estate transactions.

Listings highlights (not the details) may be visible on the Website for a period of up to, or exceeding 12 months after they are closed or have expired. The purpose of these highlights is to provide users with a general idea of past listings. We make no guarantees as to the accuracy or completeness of any listings. By using ASSIGNMENTBUDDY.CA, you agree to waive any claims against us arising from the use of listing highlights, details or any other information provided on the Website

13. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may provide links to external Internet sites. ASSIGNMENTBUDDY.CA hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. ASSIGNMENTBUDDY.CA shall not be liable for the use or content of Internet sites that link to this Site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.

14. YOUR REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant that: (i) you will only use ASSIGNMENTBUDDY.CA as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using ASSIGNMENTBUDDY.CA; (iii) you will not use ASSIGNMENTBUDDY.CA for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using ASSIGNMENTBUDDY.CA.

15. DISCLAIMER OF WARRANTIES

ASSIGNMENTBUDDY.CA IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) ASSIGNMENTBUDDY.CA WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF ASSIGNMENTBUDDY.CA WILL BE UNINTERRUPTED; OR (III) ASSIGNMENTBUDDY.CA IS OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH ASSIGNMENTBUDDY.CA IS TO UNINSTALL AND CEASE USE OF ALL ASSIGNMENTBUDDY.CA PRODUCTS. Further and except as expressly provided herein, we are not obligated to maintain or support ASSIGNMENTBUDDY.CA, or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of ASSIGNMENTBUDDY.CA and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.

16. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF ASSIGNMENTBUDDY.CA OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE ASSIGNMENTBUDDY.CA UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF ASSIGNMENTBUDDY.CA.

17. INDEMNITY

You agree to defend, indemnify, and hold us, our parent corporation, officers, directors, employees, and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your access to or use of ASSIGNMENTBUDDY.CA; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.

18. GOVERNING LAW AND DISPUTES

This Agreement will be governed by, construed, and enforced in accordance with the laws of Canada, without regard to its conflicts of law principles or provisions. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Any disputes arising out of or in connection with this Agreement shall be exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”). The arbitration shall take place in Ontario, Canada and shall be conducted in the English Language. The arbitration shall be conducted on a confidential basis. The award passed by the Arbitrator shall be final and binding on both parties. Nothing contained herein shall prevent either party from applying to any court of law in order to obtain injunctions, equitable relief or any equivalent remedy, against the other Party, in order to restrain the breach of any restrictive covenants pursuant to this Agreement. The arbitration award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible. Accordingly, for any claim that you have with us, you agree, prior to filing any suit or proceeding, to first contact us and attempt to resolve the claim informally by sending us a written notice of your claim (“Notice”). If you and we cannot reach an agreement to resolve the claim within 30 days after the Notice is received, then either party may file a claim in court. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO ASSIGNMENTBUDDY.CA OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

19. GENERAL

These Terms constitute the entire understanding between the parties with respect to the matters referred to herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. The controlling language of these Terms is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.

20. Contact Us.

If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at support@assignmentbuddy.ca and we will make an effort to reply within a reasonable time-frame.

VENDOR’S TERMS AND CONDITIONS

This agreement contains the terms and conditions that govern your access to and use of the services through a particular account or accounts and is an agreement between you or the business you represent ("you") and A2Z BUDDY INC., with regards to the use of the services rendered via ASSIGNMENTBUDDY.CA (the “Website or Site”).

By registering for or using the services, you (on behalf of yourself or the business you represent) agree to be bound by the terms of this agreement.

As used in this Agreement, "we," "us," and "ASSIGNMENTBUDDY.CA" refers to A2Z BUDDY INC named in the applicable VENDOR Terms. If there is any conflict between these VENDOR TERMS and the GENERAL TERMS AND CONDITIONS as it relates to a registered Licensed professional on the platform, the General Terms and Conditions agreement shall prevail in any issue as it relates to registered Vendors listing properties on the Site.

Acceptance of this Agreement directly or indirectly shall include your affirmative action of clicking on “I Accept/I Agree” provided at the end of the Agreement;

Agreement shall mean this Vendor Agreement in its entirety and shall include any amendment thereto, from time to time;

Buyer shall mean the person who accepts the Vendor’s offer to provide realty services listed on the Site.

Selling Price shall mean the price of the properties as exhibited on the Website.

1. Listing Terms

By using the Listing Service to list on the Site, you represent and warrant that:

(a) the property is eligible to be submitted using the Property Listing Service.

(b) you own or have the right to advertise the property you are submitting;

(d) you are willing to lease or sell the listed property at the price and on any other terms specified in your submission;

(e) upon leasing or sale, you will update the information for that property within 3 days;

(f) you will not use the Property Listing Service to advertise or promote anything, including, without limitation, any product, service, or business, other than the unique property offered for lease or sale;

(g) you will not use the Property Listing Service or the Site for any fraudulent, false, misleading, or deceptive activity;

(h) all Content that you provide to ASSIGNMENTBUDDY.CA and everything in your submission, including without limitation, any photos or text description, is truthful, accurate, and complete and comply with all local, state and federal laws and regulations, including without limitation, fair housing laws;

(i) you are solely responsible for any and all submissions you add using the Property Listing Service, and all ads, photos, descriptions, data, or other information (“Content”) you submit to the Site;

(j) you have all the rights necessary to post your property using the Property Listing Service, including, without limitation, all content, photos, data, text, and other Materials contained therein, on the Site; and

(k) photos you upload to the Property Listing Service will only show the property submitted for rent or sale and shall not include, under any circumstances, people, animals, trademarked items, religious symbols, or other objects or features not part of the apartment or apartment community. By submitting a property via the Property Listing Service, you grant to ASSIGNMENTBUDDY.CA, its affiliates, and its parent and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use and exploit the Content that you submit. The permission you grant ASSIGNMENTBUDDY.CA includes express permission to syndicate the property submission and Content to affiliated or partner sites. ASSIGNMENTBUDDY.CA reserves the right, in its sole discretion, to remove any submission or Content from the Property Listing Service, without notice and without liability, that does not meet the requirements of these terms and conditions, or if ASSIGNMENTBUDDY.CA otherwise determines or believes, in its sole and exclusive discretion, is inappropriate for any legal, business, technical or other reason.

(l) You agree to provide contact information (email addresses and phone numbers) on the Website so that potential clients may contact you directly. You also agree to allow interested parties to contact you directly through email or phone.

(m) Regarding the use of your contact information, you accept and understand that we are not liable for any use/misuse that occurs outside of our control. (For example, spam calls, spam emails, and other unwelcome contact or harmful content).

(n) You agree to receive alerts, notifications, promotions, and other information from us via phone/email in addition to direct contact with possible buyers.

(o) The Site uses Google Cloud Platform to operate the website and the Payments and refunds are handled through a third-party payment gateway on Google Cloud. By putting a listing on the Website, you agree to Google’s and the payment gateway's terms and conditions as well.

2. Fees & Commissions

ASSIGNMENTBUDDY.CA charges the vendor a fee for platform listings and advertising. These charges are used to provide, maintain, and operate the Website. The Site is available to users for free. We do not earn commissions or kickbacks on any sales, and we are not liable for any job accomplished; any refunds and complaints must be handled directly with the concerned Vendor or Buyer.

Acceptable mode of Payments for transactions on the Site can be done via PayPal, & credit cards - VISA, MasterCard, AMEX, and DISCOVER. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for any order. You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us.

4. Billing Issues and Support.

You must notify us about any billing problems or discrepancies as soon as you become aware of them. We will make every effort to assist you with any billing queries, please contact us via email on billing@assignmentbuddy.ca.

4. Prohibitions.

We strongly oppose the marketing of unlicensed material on the internet; if a user is no longer licensed, we recommend that you change your profile type to consumer. If we discover that you are providing unauthorised work, we will not hesitate to ban the user from the Website or services. You also promise that there will be no harassment or spam on the platform.

5. Third – Party service providers

We employ companies and individuals to perform functions on our behalf viz. fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. The Vendors would be provided access to personal information needed to perform their functions, which they shall not use for any other purposes without our explicit consent.

6. Promotional Offers

Sometimes we send offers to selected groups of ASSIGNMENTBUDDY.CA customers on behalf of other businesses. While sharing, we may share the details of your business, name, phone number and email address. If you do not want to receive such offers, please write to us at privacy@assignmentbuddy.ca.

7. Governing Law

This Agreement shall be interpreted under and governed by the laws of Canada as applied to an agreement made and wholly performed within the province of Ontario, Canada.

8. Waiver

Failure to enforce compliance with any terms or conditions of this Agreement shall not constitute a waiver of such term or condition of this Agreement or the right to subsequently enforce such term or condition in the future. No waiver, by either party, of any provision of this Agreement shall, in any event, become effective unless the same shall be in writing and such waiver shall be effective only in the specific instance described and for the purpose for which the waiver is given.

9. Severability

In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions hereof shall remain in full force and effect.