terms of use

Terms of Use

  1. CONDITIONS OF USE

    1. 1.1Use of the Services and Web Site

    2. 1.2Restrictions on Use As a condition of your use of this Web Site and the Services you agree that you will not:

      1. reverse engineer or decompile (whether in whole or in part) any software available through the Web Site (save to the extent expressly permitted by applicable law);
      2. remove, change or obscure any product identification or notices of proprietary rights or any restriction on or in the Supplies and/or the Web Site;
      3. remove any copyright, trade mark or other intellectual property right notices contained in material on the Web Site or Supplies;
      4. make copies, modify, reproduce, republish, post, transmit, distribute or alter all or any part of the Web Site or any materials contained on it.
    3. 1.3Unlawful or Improper Use You must not use the Web Site or the Supplies for any unlawful purposes. In particular, you must not:

      1. publish, post, upload, distribute, disseminate or otherwise transmit, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory, libelous, or are alleged to be, or are in the opinion of Homes by Avi, otherwise unlawful;
      2. upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;
      3. download any file of materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used legally;
      4. harass, stalk, threaten or otherwise infringe the rights of others;
      5. hack into any web site, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or engage in any other behaviour likely to inhibit any other user from using and enjoying the Web Site or the Services or that is otherwise likely to damage or destroy the reputation of the Web Site;
      6. advertise or offer to sell goods or services;
    4. 1.4Monitoring and disclosure

  2. USERNAMES AND PASSWORDS

    1. Following any registration by you, Homes by Avi will deliver your user name and password to you. Delivery may be by any reasonable means (including electronic or postal delivery).

    2. You must keep your user name and password confidential at all times. Any breach of these terms and conditions by anyone to whom you disclose your password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

    3. You must take appropriate security measures to prevent unauthorized disclosure of your user name and password and you must notify Homes by Avi immediately if your password becomes known to any unauthorized user.

  3. INTELLECTUAL PROPERTY RIGHTS

    1. This Web Site (including the software used to operate it) and the trademarks and any information or material used in connection with the Web Site and the Supplies are owned by Homes by Avi and/or its licensors. You are not granted any right or interest in these except as stated in these terms and conditions.

  4. OPERATION OF THE SERVICES AND WEB SITE

    1. Homes by Avi may at its sole discretion from time to time without notice change the format and content of this Web Site and/or the Services and suspend the operation of the Web Site and/or the Services, for example, for repair or maintenance work, or in order to update or upgrade the contents or functionality of the Web Site and/or the Services.

    2. You are responsible for obtaining and updating your own web browser, and for all amounts payable in respect of connection to the internet including any telecommunications charges for time spent online in respect of use of the Web Site.

    3. You will comply with all directions and instructions given by Homes by Avi in relation to the use of and access to the Web Site and the Services. Homes by Avi does not accept responsibility for the security or content of any information which you may supply through the Web Site or the Services and will not be liable for the content of any communications or messages received by you from other users.

  5. DISCLAIMER AND LIMITATIONS OF LIAIBILITY

    1. Homes by Avi does not exclude or limit liability for death or personal injury resulting from its negligence or any other liability which may not, by applicable law, be excluded or limited.

    2. Subject to the paragraph above in this clause 5, in no event shall Homes by Avi, its directors, employees or other representatives be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, loss of sales, loss of revenue, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss (howsoever arising).

    3. Subject to the two paragraphs above in this clause 5, Homes by Avi’s liability to you whether in contract, tort or howsoever arising is limited to the amount paid by you to Homes by Avi in respect of the relevant Supplies.

    4. You shall indemnify and keep indemnified Homes by Avi against any loss or damage arising from your unauthorized use of the Web Site or your disclosure of any password or username and from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by you of any of your obligations under these terms and conditions.

    5. Homes by Avi supplies this Web Site and the Supplies "as is" and, to the fullest extent permitted by law, makes no representations or warranties (express or implied) of any kind, including but not limited to, the accuracy, quality, suitability, fitness for purpose or completeness of any information or materials made available on this Web Site or the Supplies, or any third party web sites linked from this Web Site. Homes by Avi shall not be liable for any action taken by you as a result of your relying on any information provided in this Web Site or the Supplies or third party web sites or for any loss or damage suffered by you as a result of you taking such action or as a result of you purchasing any Supplies from a third party.

    6. Homes by Avi does not accept responsibility for the security or content of any information which you may supply through this Web Site or the Services and will not be liable for the content of any communications or messages received by you from other users including any content posted by other users in chat rooms.

    7. You are solely responsible for your use of this Web Site, Supplies, any username, password and any information made available on this Web Site from time to time and for any consequences or effects (whether direct or indirect) of such use.

    8. Homes by Avi does not warrant that this Web Site or the Supplies will be uninterrupted or error or defect free and shall not be responsible for the non-performance or interruption of this Web Site or the Services or for any viruses transmitted through this Web Site or the Services.

    9. Any links from this Web Site to third party web sites do not constitute an endorsement by Homes by Avi of any products or services available on such web sites and Homes by Avi does not necessarily support or approve of them. You use such links entirely at your own risk and Homes by Avi accepts no responsibility for the content or use of such web sites or information contained in them.

  6. BUYING GOODS AND SERVICES ON THIS WEB SITE

    1. 6.1Contracting party

    2. 6.2Prices

    3. 6.3Conclusion of Contract of Sale

    4. 6.4Period of Offer

    5. 6.5Payment

    6. 6.6Delivery

    7. 6.7Substitutes

    8. 6.8Cancellation

  7. TERMINATION

    1. Homes by Avi reserves the right to terminate this agreement and your access to this Web Site and the Services at any time and without notice, for any reason whatsoever. Homes by Avi also reserves the right to bar anyone from using this Web Site and the Services.

  8. CONTACT

    1. You may contact Homes by Avi about any problems or questions with this Web Site at: webmaster@homesbyavi.com.

  9. GENERAL

    1. These terms and conditions shall be governed by and interpreted in accordance with the laws of and you consent to the exclusive jurisdiction of the Canadian Courts in all disputes arising out of or relating to the use of this Web Site or the provision of Homes by Avi. This Web Site is operated and controlled by Homes by Avi from its offices in Canada. Homes by Avi makes no representation that information or material contained at its Web Site is appropriate for use in other jurisdictions. Users who access the Web Site from other jurisdictions do so at their own initiative and are responsible for compliance with any local laws.

    2. You agree that Homes by Avi may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations under them without notice. Homes by Avi may delay enforcing its rights under these terms and conditions without losing them. If any provision of these terms and conditions is found to be unenforceable this shall not affect the validity of any other provision. Homes by Avi may amend, vary or supplement these terms and conditions at any time. Homes by Avi will post a notice of any such amendments on this Web Site and such amended terms and conditions will automatically be effective. These terms and conditions (as varied from time to time) form the entire agreement of the parties and supersede all previous agreements, understandings and representations relating to their subject matter.


CURRENT PROMOTIONS