LAST UPDATED: May 4th 2018

Contractual Relationship

These Terms and Conditions (“Terms”, “Agreement”) govern the access and/or use, by individuals who have registered with INCOM and have a User Account or a profile in a User Account as explained below (“you”, “your”, “User”), of applications, websites, content, products and services (collectively referred to as the “INCOM Platform”), owned and operated by INCOM Web & e-Marketing Solutions® (“INCOM Web & e-Marketing Solutions,” “INCOM,” “us,” “we,” or “our”).

By accessing and using the INCOM Platform, you acknowledge and agree to be bound by these Terms, which establish a contractual relationship between you and INCOM. If you do not agree to these Terms at any point, you must immediately cease accessing the INCOM Platform.

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and, by using the INCOM Platform after the amendment of the Terms, you are agreeing to be bound by such modifications, alterations or updates. The date on which these Terms were last amended will appear at the top.

On notice to you, INCOM may immediately terminate these Terms and/or access to the INCOM Platform or generally cease offering or deny access to the INCOM Platform or any portion thereof, at any time, for any reason.

INCOM reserves the right to change any information, material or content (including, but not limited to, pricing, features and availability of services) contained on or provided through its platform at any time, and from time to time, without notice.

Terms of Use Agreement

By accessing any of the web sites operated by INCOM, you agree to be bound by all of the TERMS OF USE and PRIVACY POLICY and agree that these terms constitute a binding contract between you and InCom

Copyright

This database is protected by copyright laws, and is owned by INCOM All materials on this site are protected by copyright laws and are owned by INCOM or by the Independently Owned and Operated Franchisee who has supplied the data. Property listings and other data available on this site are intended for the private, non-commercial use by individuals. Any commercial use of the listings or data in whole or in part, directly or indirectly, is specifically forbidden except with the prior written authority of the owner of the copyright.

Users may, subject to the Terms and Conditions, print or otherwise save individual pages for private use. However, property listings and/or data may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. The prohibited uses include "screen scraping", "database scraping" and any other activities intended to collect, store, reorganize or manipulate or publish data on the pages produced by, or displayed by this website or its associated or affiliated websites.

Disclaimer

INCOM makes no representations about the suitability of the data, information, or graphics published on this site. Everything on this site is provided "As Is" and "As Available" without warranty of any kind including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Neither INCOM nor any of its members, directors, officer, shareholders or affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of this site.

Commercial Electronic Messages ("CEMs")

INCOM only sends CEMs, such as emails, in accordance with Canada's Anti-Spam Legislation ("CASL"). INCOM does not permit any user of the Website to use the Website to send CEMs. INCOM does not permit users of the Offerings to use the Offerings to send CEMs in violation of CASL.

You can contact INCOM through the Website. In the event that you send a request, inquiry or complaint to INCOM through the Website, INCOM will respond in compliance with CASL. A CEM sent to you in response to a request, inquiry or complaint will be limited to directly addressing that request, inquiry or complaint, subject to the inclusion of additional information that a person could reasonably expect to receive as a result of that request, inquiry or complaint. If you submit a request, inquiry or complaint through the Website, this will not constitute consent for further CEMs and INCOM will only ever CEMs in accordance with CASL.

You may subscribe to receive CEMs regarding INCOM's products and services. You will only receive such CEMS if INCOM has received your express consent. You can unsubscribe at any time.

Third Party Websites

The Website may contain links from other third party websites and all such websites are independent of INCOM. INCOM has no control over these third party websites and assumes no responsibility or obligations for such third party websites. The provision of such links does not constitute any endorsement of such linked websites, their content or information appearing on the Website.

For certain features of the Website and Offerings, you may choose to access INCOM's online offerings using an account established with a social networking or email platform ("Social Logins"). INCOM has no control over these social networking or email platforms and assumes no responsibility or obligations for such social networking or email platforms. Use of Social Logins is at your sole risk.

INCOM may use third party payees to process payments on behalf of INCOM. INCOM has no control over any third party payee website. INCOM is not responsible for the security or privacy of any information submitted to a third party payee. Use of any third party payee website is at your sole risk.

Liability, Warranties, Representations and Indemnification

Your access and use of the Website and Offerings is at your sole risk. The Website and Offerings are provided on an "as is" and "as available" basis and INCOM disclaims any and all other warranties and representations.

Specifically, INCOM does not warrant that:

  • a. the Website or Offerings will meet your specific requirements;
  • b. the Website or Offerings will be available, uninterrupted, timely, secure, or error-free;
  • c. that any third party products or services integrated with the Offerings will be available, uninterrupted, timely, secure, or error-free;
  • d. the results that may be obtained from the use of the Website or Offerings will be accurate or reliable;
  • e. the quality of any information obtained by you through the Website or Offerings will meet your expectations; or
  • f. any errors in the Website or Offerings will be corrected.

INCOM MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ANY SERVICES OR PRODUCTS IT PROVIDES, OR THE SITES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, INCOM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY, FUNCTIONALITY OR ANY OTHER ASPECT OF INCOM'S SERVICES OR PRODUCTS OR THE SITES, OR ANY OF INCOM'S CLIENTS' SERVICES OR PRODUCTS.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL INCOM BE LIABLE FOR ANY GENERAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR OFFERINGS. SOME PROVINCES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. ALTHOUGH CERTAIN PROVINCIAL, STATE OR FEDERAL LAWS MAY NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, INCOM RELIES ON SUCH DISCLAIMERS AND LIMITATIONS TO THE GREATEST EXTENT ALLOWABLE BY LAW.

To the extent permitted by the laws of your jurisdiction, you agree to indemnify INCOM from and against all claims, liability and expenses, including legal fees and costs, arising from any unauthorized use of the Website or Offerings by you or from a substantial breach of the Terms. INCOM reserves the right, in its sole discretion and at its own expense, to defend any action or claim and you agree to co-operate fully with any such defense.

Real Estate Board Additional Charges

If you set up a RETS IDX Data Feed for your website from your local MLS® or real estate board, it is your responsibility to cover any additional costs stipulated by your MLS® or real estate board. RETS IDX or CREA DDF® integrations are included with a full-featured website. In order to secure access to RETS IDX or CREA DDF® feed, your brokerage must grant you permission to access the RETS IDX or CREA DDF® Data Feed. You must submit any necessary agreements required by your MLS® and/or real estate board to your RETS IDX Data Feed provider. Your MLS® or real estate board will provide you with the necessary RETS credentials access (URL, username and password), which is your responsibility to send to us for integration. Our role, as your Real Estate Website Developer, to integrate the RETS IDX Data or CREA DDF® feed supplied/provided by your local board or association.

Automatic Renewal

Your subscription will automatically renew at the end of each subscription term. If you have subscribed to a promotional offer, after first year, your subscription will be renewed at the regular price of the initial subscription date, unless specified differently on that promotional offer.

You agree that we may automatically renew your subscription and charge your account on the anniversary of your last subscription date, unless you cancel your subscription before the Renewal Date. INCOM will automatically renew your subscription on the Renewal Date until you cancel your subscription or INCOM no longer offers the subscription service. If you do not want to renew your subscription at any point, you may cancel your subscription before the end of the subscription (Thirty days' written notice requires).

Note: Currently, you will not receive a notification when a subscription will be renewed.

Leads

Please be advised that we do not guarantee the amount or quality of leads generated from our website solution and Lead Generation services including but not limited to:

  • Google AdWords
  • Facebook Ads
  • ReCall Marketing
  • Search Engine Optimization

Leads generated from InCom's website platform and online marketing services may include Spam, Incomplete sign ups, incorrect phone numbers or email addresses, and other forms of false content.

While all forms in our website solution as well as from our online marketing services include customized fields designed to meet parameters that distinguish qualified from non-qualified information, we cannot control usage of your landing pages or forms by unqualified users.

As a result, spam and other forms of unqualified lead submissions should be expected.

Spam Emails

Fraudulent emails are crafted in many assortments and are the unpermitted actions of third parties not associated with InCom. These “spoof” email messages are becoming more common amongst many large-scale businesses and may appear legitimate by incorporating InCom’s brand, colours, or other associated legal disclaimers.

There have been a number of fraudulent emails reported in the past, and new spoofs may be introduced. These types of emails, especially those with attachments, point to invalid destinations which may contain malware, and could potentially corrupt your computer.

These are not legitimate InCom communications. We do not advise the activation of any links provided or clicking on any attachments. Instead, simply delete the email. Run a virus scan immediately upon accidentally activating a link.

Please be advised that InCom does not request payments, personal information, financial information, account numbers, IDs, passwords, or copies of invoices in an unsolicited manner through email, mail or fax. InCom accepts no responsibility for any costs or charges incurred as a result of fraudulent activity.

No Assignment

Your rights under the Terms cannot be assigned.

No Waiver

The failure of INCOM to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

Jurisdiction

The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing the Website or Offerings, you agree that all matters relating to access to, or use of, the Website or Offerings, or any other hyperlinked website shall be governed by the laws of the Province of Ontario and the federal laws of Canada as applicable and notwithstanding conflicts of law. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of Ontario and acknowledge and do so voluntarily.

Severability

In the event that any term or condition in the Terms is found invalid by a court of competent jurisdiction, the invalid term or condition is severed and the remaining terms and conditions continue in full force and effect.

30 Day Money Back guarantee

Should you be dissatisfied with your real estate website order, within the first 30 days after your first payment, you may get a full refund.

However, the following items are non-refundable:

  • Domains registered by InCom Web & E-Marketing Solutions on behalf of the client including .com, .ca, .net, and .info valued at $19.95/year
  • Website customization fees including:
    • Standard website theme customization fees,
    • Premium website theme customization fees, and
    • Semi-custom website customization fees.

Non-refundable products and services provided by InCom Web & e-Marketing Solutions also include marketing services such as:

  • Search Engine Optimization Marketing,
  • ReCall Marketing,
  • Pay-Per-Click Advertising (Google, Yahoo, Bing),
  • Facebook Ads,
  • Any Lead Generation Packages/Services

or any other applicable marketing services provided separate from the real estate website order.

You may request your refund by sending an email to within the first 30 days after your real estate website purchase.

You must cancel via email, after which an Account Manager or a Support Staff will contact you to proceed with the cancellation of your real estate website order. Be advised that your website has not formally been withdrawn until you are contacted by an Account Manager or an appointed Support Staff.

Termination

The license to use INCOM software will continue until it is terminated. INCOM may terminate the license if you fail to comply with the terms of this agreement or fail to meet license fee obligations. The Client (sales person or brokerage) may terminate the license at any time for any reason with 30 days notice by e-mail send to .

If you subscribed to the promotional offer with annual billing, after which you decide to cancel before the end of your annual billing cycle, we will reverse your promotion to the regular monthly price set during the time you have made your purchase, and refund the number of remaining months within your annual billing cycle.

Revisions

INCOM may at any time revise these Terms of Use by updating this posting. All users of this site are bound by these conditions and should therefore periodically visit this page to review any changes to these requirements.

Contact Us

If you have any questions about this Agreement, please contact us at 1 866-883-8951