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HouseUp

Terms and Conditions

Website and Mobile Device Applications Use Terms and Conditions of House Up Inc. Last updated: October 24, 2026.

1. Acceptance and Amendments

Welcome to the HouseUp Website and mobile device applications (collectively, the "Website") operated by House Up Inc. (HouseUp). The Website present and future information, products and services (collectively, the "Products and Services") offered by HouseUp through web pages and mobile device applications that display the HouseUp navigation bar or identification. These Website and Mobile Device Applications Use Terms and Conditions (also "these Terms and Conditions") contain legal obligations to which you will be bound upon using the Website. Please read them carefully. Your access or use of this Website is expressly conditioned upon your acceptance of these Website and Mobile Device Applications Use Terms and Conditions and HouseUp's Privacy Policy and any access or use of any portion of the Website or HouseUp's Privacy Policy constitutes your agreement to be bound by the Use Terms and Conditions and the HouseUp Privacy Policy. If you do not agree with these Website and Mobile Device Applications Use Terms and Conditions or the HouseUp Privacy Policy in their entirety, do not access or use any portion of this Website.

By accessing and using the Website, you agree to contract electronically with HouseUp. You agree that these electronic Website and Mobile Device Applications Use Terms and Conditions, combined with your act of using the information and services offered on the Website, have the same force and effect as your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you will not challenge the validity, enforceability, or admissibility of these Website and Mobile Device Applications Use Terms and Conditions on the basis that it was electronically transmitted or authorized. You further acknowledge that you have had the opportunity to print these Website and Mobile Device Applications Use Terms and Conditions and the agreement arising by your acceptance of them.

HouseUp reserves the right, in its sole discretion, to make updates or changes to the Website and these Website and Mobile Device Applications Use Terms and Conditions at any time. The "Last Updated" in these Website and Mobile Device Applications Use Terms and Conditions legend above indicates when these Website and Mobile Device Applications Use Terms and Conditions were last changed. All changes are effective immediately upon posting to the Website. Continued use of the Website following the posting of revised terms will indicate your acknowledgment and agreement to be bound by the revised Website and Mobile Device Applications Use Terms and Conditions. For this reason, we encourage you to review these Website and Mobile Device Applications Use Terms and Conditions whenever you use the Website. Certain provisions of these Website and Mobile Device Applications Use Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

2. Age Restrictions

This Website is considered to be a general audience site. HouseUp does not intend that any portion of the Website will be accessed or used by children under the age of 18 years and such use is prohibited. If you use this Website to register an account, establish a profile, access or purchase Products and Services from or through us, or take part in any promotion HouseUp may offer, you affirm that you are at least 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into, and comply with, the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Website and Mobile Device Applications Use Terms and Conditions, the HouseUp Privacy Policy, and any particular terms and conditions applicable to those Products and Services. Please contact us at info@houseup.ca if you believe your child has provided HouseUp with personal information in connection with the Website.

3. Accuracy of Information

HouseUp endeavours to provide complete, accurate, up-to-date information and content concerning the Products and Services on the Website Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. Notwithstanding our best efforts, the HouseUp Website may contain typographical inaccuracies, mistakes, or omissions, some of which may relate to pricing and availability, and some Content may not be complete or current. As a result, HouseUp does not warrant, nor is HouseUp responsible for, the accuracy, reliability, completeness, or usefulness of the Content or any Products and Services available on or through the HouseUp Website. HouseUp also has made every effort to display as accurately as possible the colors, sizes, and shapes of the Content and all Products and Services that appear on the HouseUp Website. However, HouseUp cannot guarantee that your computer or mobile device monitor's display of any of the Products and Services will be accurate. Photographs, videos, floor plans, measurements and descriptions in listings are supplied by the user who created the listing; verify them yourself or through your own advisors before relying on them.

Not all Content and Products and Services are available in all geographic areas. Your eligibility for particular Content and any Products and Services is subject to final determination by HouseUp, compliance with local laws and regulations as interpreted by HouseUp, and acceptance by the entity or entities providing such Content and Products and Services; and the provision of such Content or Products and Services is not an obligation of or guaranteed by HouseUp.

The Content and the Products and Services presented on or through the HouseUp Website are made available for informational purposes. The Website has been designed to let homeowners create private home listings, for sale or for rent, to let buyers and renters search those listings and contact the owner, and to connect users with independent home-service professionals. The Website does not provide legal, financial, tax, appraisal, inspection or real-estate brokerage advice, and nothing on it is a guarantee that a property will sell or rent, or will do so at a particular price or within a particular time. You should obtain advice from your own lawyer, lender, inspector and other professional advisors before making decisions about buying, selling or renting a property. Any reliance you place on Content or Products and Services available on or through the HouseUp Website is at your own risk, and HouseUp and its affiliates and related companies are not liable for that reliance except as set out in these Terms and Conditions or as required by law.

HouseUp reserves the right to correct any errors, inaccuracies or omissions, and to discontinue, add to, modify, upgrade, or replace any or all aspects of the Content, the Products and Services or the Website in HouseUp's sole discretion and without notice. In particular, HouseUp reserves the right in its sole discretion to modify, supplement, discontinue, or remove any Content or Products and Services appearing on or transmitted through the Website. HouseUp also reserves the right to adjust prices, products and special offers at any time at HouseUp's discretion.

4. HouseUp Is a Listing Platform, Not a Brokerage

  • HouseUp operates an online marketplace on which homeowners advertise property for private sale or rent, buyers and renters find and contact them, and independent professionals offer their services. HouseUp is not a real-estate brokerage, broker, salesperson, lawyer, lender, insurer, inspector or appraiser; it is not licensed under the Trust in Real Estate Services Act, 2002 (Ontario) or any equivalent legislation in another province, state or country; and it does not act for, represent or advise either party to a transaction.
  • Every agreement that follows a contact made on the Website, including any agreement of purchase and sale, lease, deposit, inspection, mortgage or service engagement, is between the users concerned. HouseUp is not a party to it, does not hold deposits or other funds, does not prepare, review or witness documents, and does not verify title, zoning, measurements, condition, permitted use or the identity or capacity of any user beyond the checks described on the Website.
  • If you list a property you represent that you own it or are authorized by every owner to list it, that the information and photographs in your listing are accurate and current and show the property being listed, that the listing complies with the laws that apply to you (including human-rights legislation, so that no listing or communication expresses a preference, limitation or refusal based on a prohibited ground of discrimination, and any condominium, co-operative, rental, tenancy or disclosure rules), and that you will remove or update the listing promptly when the property is sold, rented or withdrawn. HouseUp may require proof of ownership or authority before publishing or keeping a listing live.
  • Professionals listed on the Website are independent businesses that are not employed, controlled or endorsed by HouseUp. "HouseUp Certified" means only that HouseUp has reviewed the information and credentials the professional provided at the time of approval. It is not a licence, certification, guarantee or warranty of licensing, insurance, quality, pricing or results, and HouseUp is not responsible for the work a professional performs, the advice they give or the terms you agree with them. Confirm licensing and insurance directly with the professional and the relevant regulator before hiring, and contract with them directly.
  • HouseUp reviews listings and professional profiles before publication and may edit, refuse, remove or restrict any Content at any time. Review is not a warranty that Content is accurate, complete, lawful or current, and it does not transfer responsibility for Content from the user who posted it to HouseUp.

5. Use

Except as otherwise stated on the Website or in these Website and Mobile Device Applications Use Terms and Conditions, you may view, display, download or print (“Use”) any page of this Website, subject to the following conditions:

  • You use the material contained therein (including but not limited to text, graphics, images, data or sound, collectively, "Content") solely for personal, non-commercial purposes.
  • You do not copy, reproduce, republish, upload, post, transmit or distribute the Content in any way (including use of any text, pictures, photographs, illustrations, video or audio sequences or any graphics separately from the accompanying text), nor perform, publish or otherwise make public, or create derivative works of the Content or any portion thereof;
  • You do not remove, obscure or modify any copyright, trademark or other legal notice;
  • You do not transfer to any person, entity, or computer, server, or other communications medium any Content found on or derived from this Website for your own or any third party's commercial purpose.

No other uses of the Website are permitted without the express written consent of HouseUp, and all rights herein not granted expressly granted are reserved.

6. Rules and Conduct - Prohibited Use of the Website, its Contents and Services

Without limitation to the provisions of Section 5 (Use) or any other provision of these Website and Mobile Device Applications Use Terms and Conditions, and subject to any further restrictions stated from time to time on the Website applicable to specific or other Content or Products and Services, you acknowledge and agree:

  • Not to use the Website to post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, as determined by HouseUp in its reasonable judgement;
  • Not to use the Website or any Content or any of the Products and Services in a manner which is contrary to domestic or foreign federal, state, provincial or municipal law, rule or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries), or would serve to restrict, inhibit or have a negative or damaging effect upon HouseUp or any other user, as determined by HouseUp in its reasonable judgement;
  • Not to use any device, software or routine to interfere or attempt to interfere or interrupt the proper working of the Website or any computer network, or violate the security of or gain unauthorized access to, the Website or any computer network;
  • Not to circumvent any technological measure implemented by HouseUp or any of HouseUp's providers or any other third party (including another user of the Website) to protect the Website;
  • Not to use the Website or any Content or any Products and Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, any Content or any Products and Services, including their ability to engage in real time activities through the Website;
  • Not to upload, transmit, distribute, or run any computer virus, worm, Trojan horse, logic bomb, or any computer code or other material that could harm or alter a computer, portable device, computer network, communication network, data, the Website, or any other system, device or property;
  • Not to use any software robots, spiders, crawlers, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any content on the Website;
  • Not to transmit, or cause the sending of any advertising or promotional material without HouseUp's prior written and informed consent, including any "junk mail," "chain letter," "spam" or any other similar solicitation;
  • Not to attempt, in any manner, to obtain the password, account, credentials, profile information or other security information from any other user; or jeopardize the security of your account or anyone else's account (for example, by allowing another individual to login to the Website as you);
  • Not to impersonate or attempt to impersonate HouseUp, a HouseUp employee, contractor, sponsor, personality, another Website user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
  • Not to use the HouseUp Website in any way that violates any applicable federal, provincial, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries);
  • Not to adapt, translate, modify, decompile, disassemble, remove, or reverse engineer any software, applications, programs or devices used in connection with the Website or any Content or any Products and Services;
  • Not to send, knowingly receive, upload, download, use or re-use the Website or any Content or any Products and Services that do not comply with the standards and requirements set out in these Website and Mobile Device Applications Use Terms and Conditions;
  • Not to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by HouseUp, may harm HouseUp or users of the Website or expose them to liability; or
  • Not to use or otherwise exploit this Website or any Content or any Products and Services for any purposes other than as expressly provided by these Website and Mobile Device Applications Use Terms & Conditions.

7. Intellectual Property and User Submissions

  • All right title and interest in this Website and the intellectual property and other proprietary rights in and affecting this Website (and all Content therein and the results and proceeds of all Products and Services) including, without limitation, copyright, trademark, patent, industrial design, proprietary information and trade secrets applicable thereto or therein (collectively, "Intellectual Property") are owned by HouseUp or third parties with all rights reserved. Except as expressly provided, nothing herein or within the Website or its Content or the Products and Services shall be construed as conferring any license under any of the Intellectual Property rights of HouseUp or any third party, whether by implication, waiver, estoppel, or otherwise. The HouseUp trademarks and service marks include but are not limited to the following:

HouseUp and the HouseUp logo are trademarks of HouseUp and all rights are reserved in each of them.

  • Comments, suggestions and ideas about the Website or HouseUp's business that you send to HouseUp are treated as non-confidential, and HouseUp may use them without obligation, acknowledgment or compensation to you. This paragraph does not apply to User Submissions, which are dealt with below.
  • The Website lets users post, upload, publish, display, transmit or submit ("Post") listings, photographs, videos, descriptions, profiles, messages, reviews, questions, updates and other content (collectively, "User Submissions"). You keep ownership of your User Submissions. By Posting a User Submission you grant HouseUp a non-exclusive, royalty-free, worldwide licence, sub-licensable to HouseUp's service providers, to host, store, reproduce, resize, adapt for display, publish, distribute, translate and display that User Submission and to make it available to other users, for the purposes of operating, promoting and improving the Website and the Products and Services, including showing your listing or profile in search results, on maps, in emails and notifications, on HouseUp's social media accounts and in HouseUp's marketing of the Website. The licence lasts for as long as the User Submission remains on the Website and for a reasonable period afterwards to allow removal from caches, backups and material already distributed. HouseUp may keep copies as required by law and for record-keeping, dispute resolution and enforcement of these Terms and Conditions. You agree that other users may view and share your public User Submissions through the Website's features. Reviews and feedback about HouseUp itself may be used by HouseUp without time limit.
  • If you Post a User Submission, you represent and warrant that you own or otherwise control the rights to such a User Submission and have the right to grant the license above to us and any of our business associates and other Website users, any licensees, and any of their successors and assigns. You agree that you will not Post any User Submission of any type that infringes or violates any rights of any party or that otherwise does not comply with these Website and Mobile Device Applications Use Terms & Conditions. You may not use false identifying information or contact information, impersonate any person or entity, or otherwise mislead HouseUp or any other person as to the origin of any User Submission. You understand and acknowledge that you are solely responsible for any User Submission you Post, and you have full responsibility for such Submission, including its legality, reliability, accuracy, truthfulness and appropriateness. HouseUp is not liable for the content or accuracy of any User Submission Posted by you or on your behalf or by or on behalf of any other user of the Website, any Content or any Products and Services. You agree not to Post photographs, recordings or personal information of other people without their permission, not to Post photographs that do not show the property or business being listed, and not to Post Content that is defamatory, obscene, discriminatory, infringing, misleading or otherwise unlawful.

8. Your Account and Profile

  • If you use the Website, you have the opportunity to register an account and/or profile with HouseUp. You are solely responsible for maintaining the confidentiality of your account/profile and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account/profile or password. HouseUp is not liable for any loss or damages arising from your failure to maintain the confidentiality of your account.
  • You are further responsible for ensuring that all information you provide on the Website is correct, current, and complete. You agree that you will not provide any false or misleading information during the registration process, or in or in connection with your user or other profile.
  • You have no right to transfer your account to any other individuals in any manner. If you are accessing and using the Website on someone else's behalf, you represent that you have the authority to bind that person as a principal to these Website and Mobile Device Applications Use Terms & Conditions, and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use.
  • You must notify HouseUp immediately of any unauthorized access to or use of your username or password or any other breach of security that you become aware of.
  • All information you provide when you register for an account and/or establish a user or other profile on the Website is governed by the HouseUp Privacy Policy, which is incorporated herein, and HouseUp may take any action with respect to your information that is consistent with our Privacy Policy. HouseUp reserves the right to refuse service or terminate accounts for any reason, in HouseUp's sole discretion without prior notice.

9. Paid Products and Services

  • Some Products and Services are paid: for example a listing fee once HouseUp's free launch listings have been used, a signage package, promoted placements (homepage promotion, open house banner, featured listing, professional feed and category placements) and homeowner or professional subscription plans. The price, currency, duration and what is included are shown on the Website before you buy and form part of these Terms and Conditions for that purchase. Prices are in Canadian dollars unless stated otherwise, exclude applicable taxes, which are added at checkout, and may change for future purchases on notice posted to the Website.
  • Payments are processed by a third-party payment processor. HouseUp does not receive or store your full card number. By purchasing you authorize HouseUp and its processor to charge the payment method you provide for the amount shown, and for renewals as described below.
  • Subscriptions renew automatically at the end of each term, monthly or yearly as you chose, at the then-current price, unless you cancel before the renewal date. You can cancel at any time from your account. Cancellation takes effect at the end of the current paid term and you keep the benefits of the plan until then. HouseUp will remind you by email at least fourteen (14) days before a yearly plan renews and at least thirty (30) days before any price increase applies to you, and you may cancel in response to either notice.
  • Refunds. Promoted placements are non-refundable once they begin running; a placement that has not yet started may be cancelled for a full refund. A listing fee is refundable if the listing is rejected during review and not resubmitted; it is non-refundable once the listing is published. A signage package may be cancelled for a full refund until production of your signs begins; after that it is non-refundable, and HouseUp will replace signs or stickers that arrive damaged or misprinted if you tell us within fourteen (14) days of delivery. Subscription payments are non-refundable for the current term except as set out in the Termination section. Nothing in this section limits cancellation or refund rights that consumer protection legislation in your province gives you and that cannot be waived.
  • Signage packages are delivered to the address you give at checkout within Canada. Delivery times shown on the Website are estimates. You are responsible for complying with municipal sign by-laws and condominium rules where you place a sign, and for removing signs when your listing ends.
  • Free listings. HouseUp may offer a number of listings free of charge for a launch period. Free listings are otherwise subject to these Terms and Conditions, and HouseUp may end or change a free offer for future listings at any time.
  • If a payment fails or is reversed, HouseUp may suspend the related Product or Service until payment is made, and may recover amounts owing together with reasonable collection costs.

10. Reviews and Ratings

  • Only a member who has requested a quote from a professional through the Website may review that professional, once. A review must describe your own genuine experience, must not be written in exchange for payment, a discount or any other consideration, and must not contain personal information about third parties, confidential information or unlawful content.
  • A professional may reply publicly to a review from their portal. A professional may not offer anything of value for a review or its removal, may not review themselves or a competitor, and may not ask HouseUp to remove a review because it is unfavourable.
  • HouseUp may remove or decline to publish a review that breaches these Terms and Conditions or the law, or that HouseUp reasonably believes to be fraudulent, but HouseUp does not verify reviews and is not responsible for their content. Ratings shown on the Website are simple averages of published reviews.

11. Links to Third Party Websites

  • This Website may contain links to third party websites and other mobile device applications (“Third-Party Sites”). Links to other Third-Party Sites, including those of HouseUp sponsors or HouseUp personalities, are provided solely as a convenience to you. HouseUp has no control over such Third-Party Sites, nor does HouseUp review, investigate, approve, monitor, endorse, or make any representations or warranties with respect to such Third-Party Sites; therefore, HouseUp is not responsible or liable to you or to any party for any materials, information advertising, products, services, advice or other content on or available from such Third Party Sites. If you decide to access any Third-Party Sites, you do this entirely at your own risk. You acknowledge and agree that HouseUp is not liable, either directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such Third-Party Sites.

12. Linking to the Website and Social Media Features

  • Linking to the Website: You may link to any public page of the Website, including the homepage, search pages, listings and professional profiles, by an ordinary hyperlink or by using the sharing features HouseUp provides (for example share buttons, listing QR codes and social media features), provided that you:
  • Do so in a way that is fair, legal, and does not damage HouseUp’s reputation or take advantage of it.
  • Do not establish a link in any way that suggests any form of association, approval or endorsement by HouseUp or its business associates, sponsors or other users, without HouseUp’s express and informed prior written consent.
  • Do not use any HouseUp registered or unregistered trademarks, logos or service marks, other than the plain name "HouseUp" as link text, without the express and informed prior written consent of HouseUp.
  • Do not present false, misleading or inaccurate information regarding HouseUp or any Content or any Products and Services or any HouseUp business associates, sponsors or other users.
  • Do not cause the Website or any portion of it, or any Content or Products and Services, to be displayed, or appear to be displayed, on any other site, for example by framing or in-line linking, or otherwise create a browser or border environment around the Website or any Content or any Products and Services, or copy a page of the Website rather than linking to it.
  • Do not establish a link from any website containing content that could be construed as illegal, distasteful, offensive, controversial, or otherwise not suitable for all age groups (as determined in HouseUp’s sole reasonable judgement).
  • Otherwise take any action with respect to the Website or any Content or any Products and Services that is inconsistent with these Terms and Conditions or that violates applicable domestic or foreign laws or regulations.
  • Social Media Features: The Website may, from time to time, provide certain social media features that enable you to:
  • Link from your own or certain third-party websites to certain Content or Products and Services on the Website.
  • Send emails, text messages or other communications with certain Content or pertaining to certain Products and Services or to and with other users of the Website, or links to certain Content or Products and Services, on the Website.
  • Cause portions of Content or the Products and Services on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use the social media features available on the Website from time to time only as they are provided by HouseUp, including with respect to any Content or Products and Services or other material or links displayed with such social media features. Your use of HouseUp's social media features must also be in accordance with any additional terms and conditions HouseUp may from time to time provide with respect to such features. You are solely responsible for complying with the terms and conditions of any third party social media websites, applications, or services with which you interact and you acknowledge that any information or other content that you Post on such third party social media websites, applications, or services is subject to that third party's privacy policies and other terms and conditions, over which HouseUp has no control, and for which HouseUp will in no event be liable. You agree to cooperate with HouseUp in causing any unauthorized framing or linking to cease immediately.

  • HouseUp may ask you to remove a link that does not meet the requirements above, and you agree to remove it promptly on request.
  • HouseUp may disable all or any social media features and any links at any time without notice in HouseUp's discretion.

13. Privacy

HouseUp is committed to protecting the privacy of our customers' and Website user's personal information. Any information you input into this Website will be stored, kept and used by HouseUp in accordance with the HouseUp Privacy Policy from time to time in effect.

We support industry and government initiatives to protect consumer privacy:

  • comply with the Personal Information Protection and Electronic Documents Act (Canada) and the privacy laws of the provinces in which we operate, including the Act respecting the protection of personal information in the private sector (Quebec); and
  • comply with Canada's Anti-Spam Legislation in every commercial electronic message we send.

If you have any questions about our privacy policies, please e-mail our Privacy Office at info@houseup.ca and review the HouseUp Privacy Policy.

14. Monitoring, Deleting and Disclosure Notice

HouseUp may, from time to time:

  • Monitor the Website and collect information on Website user activity and any Content posted or provided, irrespective of who posted/provided the Content or whether it was posted/provided properly or in violation of these Website and Mobile Device Applications Use Terms and Conditions; and
  • Edit, refuse to publish, remove or restrict access to any Content, including User Submissions, that HouseUp reasonably considers to breach these Terms and Conditions or the law, or to be harmful to HouseUp or its users. HouseUp may disclose any information as necessary to satisfy any domestic or foreign law, regulation or other governmental, court, administrative body or third-party request HouseUp deems appropriate. HouseUp shall have no duty or obligation to challenge the scope or validity of any government, administrative body or court order to disclose any such information.

15. Downloads and Shareware

This Website may, from time to time, contain software or applications that may be available for downloading by HouseUp or by various third parties. Such software and applications are available to you by HouseUp or such third parties subject to the terms and conditions made available to you during the software/application installation process. You agree that it is your responsibility to review and evaluate any such software and applications, and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software and applications rests with you. You further agree that HouseUp shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software and applications, including the failure of such software and/or applications to meet your needs, standards, expectations or desired specifications.

16. Termination

You acknowledge and agree that HouseUp, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, the Website or any portion thereof or to any Content or to any Services. You further agree that HouseUp will not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with this Website or any Content or any Services, or with any terms, conditions, rules, policies, guidelines, or practices of HouseUp in operating the Website, your sole and exclusive remedy, subject to the Limitation of Liability section and to rights you have under applicable law that cannot be waived, is to discontinue using the Website.

You may close your account at any time from your account settings. Closing your account removes your live listings and professional profile from the Website. Paid terms already running are not refunded except as set out in the Paid Products and Services section. Where HouseUp suspends or terminates your access for a reason other than your breach of these Terms and Conditions or the law, HouseUp will refund the unused portion of any prepaid subscription on a pro-rated basis.

17. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS WEBSITE AND ITS CONTENT AND ITS PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT HouseUp MAKES NO WARRANTY OR, REPRESENTATION (COLLECTIVELY, "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT, AND THAT ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. HouseUp MAKES NO WARRANTY THAT THIS WEBSITE, OR ANY CONTENT OR PRODUCTS AND SERVICES OR FUNCTION CONTAINED THEREIN WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE/VIRUS-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT SUCH CONTENT OR PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. HouseUp MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE USE OR SUITABILITY OF, OR THE RESULTS OF THE USE OF ANY CONTENT OR PRODUCTS AND SERVICES OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, APPROPRIATENESS OR OTHERWISE.

Without limiting the above, HouseUp does not warrant that any listing is accurate, that any property is available, as described or free of defects, that any user is who they say they are or has the authority they claim, that any professional is licensed, insured or competent, or that any transaction between users will complete. Some jurisdictions do not allow the exclusion of certain warranties, including warranties implied by consumer protection legislation; to that extent the exclusions above do not apply to you.

18. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HouseUp OR ITS CORPORATE AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, LOSS OF PROGRAMS OR OTHER DATA, OR LOSS OF USE, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER HouseUp HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE WEBSITE, ANY MOBILE DEVICE APPLICATIONS, ANY CONTENT OR ANY PRODUCTS AND SERVICES, (B) ANY OTHER MATTER RELATING TO THE WEBSITE AND ANY MOBILE DEVICE APPLICATIONS OR ITS CONTENT OR ITS PRODUCTS AND SERVICES; OR (C) YOUR USE OF ANY CONTENT PRODUCTS OR SERVICES AND THE RISKS ASSOCIATED WITH THAT USE (KNOWN OR UNKNOWN), REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE. Some jurisdictions may not permit the exclusion or limitation of warranties or damages in certain types of agreements and the foregoing exclusions and limitations may not be applicable to you.

Where liability cannot be excluded under applicable law, HouseUp's total aggregate liability to you for all claims arising out of or relating to the Website, the Content and the Products and Services in any twelve-month period is limited to the greater of the amounts you paid to HouseUp in that period and one hundred Canadian dollars ($100). Nothing in these Terms and Conditions excludes or limits liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or for any other liability that cannot be excluded or limited by law, and nothing in these Terms and Conditions limits the rights you have under consumer protection legislation that cannot be waived, including under the Consumer Protection Act, 2002 (Ontario) and the Consumer Protection Act (Quebec).

19. Indemnity and Release

You agree to defend, indemnify and hold HouseUp and its business associates and its and their sponsors and personalities, and each of their respective parent, affiliates, subsidiaries, and third party information providers, and their respective, officers, directors, employees, agents and contractors and advisors (collectively, “Indemnitees”) harmless from any and all liabilities, claims, costs and expenses, including costs of investigation, attorneys' fees, accounting fees and litigation expense, related to or in connection with:

  • Any violation of these Terms and Conditions;
  • Your User Submissions, including any claim that they infringe or misappropriate a third party's rights, misdescribe a property or business, or are otherwise unlawful;
  • Any transaction, agreement, dispute or dealing between you and another user, including a buyer, seller, renter, landlord or professional;
  • Unauthorized use of any user ID or password provided to you; or
  • Your service upon HouseUp of a subpoena or other court or governmental order to produce a person or record in connection with a legal or equitable action or matter to which HouseUp is not a party.

To the extent permitted by applicable law, you release and discharge the Indemnitees in connection with any error, omission, interruption, deletion, defect, or delay in operations or transmission of this Website, any mobile device applications, any Content or any Products and Services; technical, network, telephone, communications, computer hardware or software malfunctions or errors of any kind; and any dispute between you and another user of the Website.

20. International Use

You agree to comply with all domestic, foreign and local laws and rules including, without limitation, laws governing the Internet, social media, data, email, Intellectual Property and privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside and/or work and in the country to which transmission is or is intended to be made (as well as in any countries in which data transmission my route or transit on the way to the ultimate destination of delivery).

21. Jurisdiction and Disputes

  • This Website originates in Ontario – Canada. These Website and Mobile Device Applications Use Terms and Conditions, and all disputes, claims, actions, causes of action, issues, or requests you may make or initiate or commence for relief between you and HouseUp arising out of or relating to these Website and Mobile Device Applications Use Terms and Conditions, your visit to the Website, or to or use of Content or Products and Services, (collectively “Disputes”), shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and we irrevocably consent to the exclusive jurisdiction and venue of the courts of the Province of Ontario, and the Federal Courts of Canada therein, for all Disputes that are heard in court, including any Dispute involving HouseUp or any one or more Indemnitees. If you are a consumer residing in Quebec or in another province or territory whose law gives you a right that cannot be waived to bring or defend proceedings in the courts of your home jurisdiction, or to have the law of that jurisdiction apply, nothing in this section takes that right away.
  • You agree that, to the extent permitted by law, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to the Dispute, or you waive the right to pursue that Dispute. This paragraph does not shorten any limitation period that applicable law does not allow to be shortened by agreement, including for consumers in Quebec.
  • HouseUp’s priority is to learn about and address any of your concerns related to the Website or the Content or Products and Services available on or through the Website. You agree that you will first notify HouseUp about any Dispute you have with us regarding these Website and Mobile Device Applications Use Terms and Conditions, the Website, or any Content or Products and Services obtained on or through the Website by contacting HouseUp at 1 . Once HouseUp receives your notice, HouseUp will try to resolve the Dispute informally by contacting you by email. If a Dispute is not resolved within 90 days after your submission, you or HouseUp may bring a formal proceeding.
  • Notwithstanding the foregoing, you agree that HouseUp may seek equitable remedies against you in any jurisdiction to protect or enforce HouseUp’s Intellectual Property and the rights therein, or to seek compliance with local laws in a corresponding jurisdiction.

22. Communications and Electronic Messages

  • By creating an account you agree to receive messages about your account, your listings, your enquiries, showings, quote requests and purchases by email and within the Website. You cannot opt out of these messages while you keep an account, because they are how buyers, sellers and professionals reach one another through HouseUp.
  • HouseUp sends marketing email only with your consent, as required by Canada's Anti-Spam Legislation. Every marketing email contains an unsubscribe link, and you can change your preferences in your account at any time.
  • Messages exchanged with other users through the Website are stored so that both sides have a record of what was said; see the Privacy Policy. You agree not to use the messaging features to send unsolicited advertising, to solicit users for unrelated services, to harass anyone, or to move a conversation off the Website in order to avoid these Terms and Conditions.

23. General

  • Nothing contained in these Website and Mobile Device Applications Use Terms and Conditions creates any agency, partnership, or other form of joint enterprise between you and HouseUp.
  • These Website and Mobile Device Applications Use Terms and Conditions, together with the HouseUp1 Privacy Policy to Privacy Policy, constitute the complete and exclusive understanding between you and HouseUp with respect to your use of the Website, all Content and all Products and Services, and these Website and Mobile Device Applications Use Terms and Conditions supersede and replace any and all prior oral or written understandings or agreements between HouseUp and you regarding the Website, the Content and the Products and Services.
  • HouseUp's failure to enforce any right or provision in these Website and Mobile Device Applications Use Terms and Conditions will not constitute a waiver of such right or provision or of any other rights or provisions in these Website and Mobile Device Applications Use Terms and Conditions.
  • If a court or tribunal should find that one or more rights or provisions set forth in these Website and Mobile Device Applications Use Terms and Conditions are invalid, you agree that the remainder of these Website and Mobile Device Applications Use Terms and Conditions will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law. HouseUp will amend or replace such provisions with ones that are valid and enforceable and which achieve, to the extent possible, HouseUp's original objectives and intent as reflected in the original provisions.
  • The parties have required that these Website and Mobile Device Applications Use Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que les modalités d'utilisation ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
  • If you have any questions regarding these Terms and Conditions, please contact us by email at info@houseup.ca, Attention: HouseUp Privacy Officer, or by post at the address shown on the Contact page of the Website.