Terms and Conditions

TERMS AND CONDITIONS OF USE

Acceptance of Terms and Conditions of Use

Real T Booking Inc. (the “Company”, “we”, “us” or “our”) provides services to realtors and service providers, including scheduling, booking and messaging technologies (the “RealT Services”), through the use of the website https://realtbooking.com/, our mobile applications including our RealT Agent application and our RealT Provider application, and any other applications that may be developed by the Company from time to time, and portal and corresponding communication tools including email and text (together, the “RealT Platform”). These terms and conditions of use, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), constitute a legal agreement and are entered into by and between you and the Company and govern your access to and use of the RealT Platform, including any content and functionality, and the RealT Services. If you are agreeing to these terms and conditions not as an individual but on behalf of a company, then “you” or “your” means your company and you are binding your company to these terms and conditions.

BY USING THE REALT PLATFORM OR THE REALT SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT https://realtbooking.com/privacy-policy/, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE REALT PLATFORM OR THE REALT SERVICES.

You may use the RealT Platform only if you are legally able to form a binding contract in Alberta, Canada or in your jurisdiction. If you are accepting the Terms on behalf of a corporation or other legal entity, you represent and warrant that you are authorized to do so.

As used in these Terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, employees, agents, licensors, licensees, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the RealT Platform and/or its contents.

Modifications to the Terms and Conditions and to the RealT Platform

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the RealT Platform. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use of the RealT Platform shall be your acceptance of these modified terms and conditions.

We will not be liable if, for any reason, all or any part of the RealT Platform is restricted to users or unavailable at any time or for any period.

Your Use of the RealT Platform, Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the RealT Platform. Users are required to ensure that all persons who access the RealT Platform through a user’s internet connection are aware of these Terms and Conditions and comply with them. The RealT Platform, including content or areas of the RealT Platform, may require user registration. It is a condition of your use of the RealT Platform that all the information you provide on the RealT Platform is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our RealT Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the RealT Platform. Your provision of registration information and any submissions you make to the RealT Platform through any functionality such as applications, chat functions, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and other such functions (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this RealT Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

You are prohibited from attempting to circumvent and from violating the security of this RealT Platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting RealT Platform owner’s ability to monitor the RealT Platform; (f) using any robot, spider, or other automatic device, process, or means to access the RealT Platform for any purpose, including monitoring or copying any of the material on the RealT Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the RealT Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the RealT Platform.

Intellectual Property Rights and Ownership

You understand and agree that the RealT Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name and logo and all related product and service names, designs, images, and slogans are trademarks of the Company or its Affiliates. You must not use such marks without the prior written consent of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this RealT Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You must not directly or indirectly reproduce, duplicate, copy, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our RealT Platform, in any form or medium whatsoever. In addition, you must not sell, rent or sub-license material from our RealT Platform.

Conditions of Use and User Submissions and RealT Platform Content Standards

As a condition of your access and use of the RealT Platform, you agree that you may use the RealT Platform only for lawful purpose.

Parts of this RealT Platform offer an opportunity for users to post and exchange opinions and information. The following site content standards apply to any and all comments, content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the RealT Platform or to other users or persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the RealT Platform and any User Submissions shall not:

(a) In any manner violate any applicable federal, provincial, local, or international law or regulation or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.

(b) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company’s sole discretion.

(c) Involve stalking, attempting to exploit or harm any individual in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.

(d) Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

(e) Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

(f) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

Grant of Licence

None of the User Submissions you submit to the RealT Platform will be subject to any confidentiality by the Company. By providing any User Submission to the RealT Platform, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns the right to a Worldwide, royalty free, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the World without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our Affiliates, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the Conditions of Use and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, not the Company or the Company’s directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the RealT Platform.

RealT Platform Monitoring and Enforcement, Suspension, and Termination

Company has the right, without provision of notice to:

Remove or refuse to post on the RealT Platform any User Submissions for any or no reason in our sole discretion.

At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions.

Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the RealT Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the RealT Platform.

Terminate or suspend your access to all or part of the RealT Platform for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the RealT Platform or its use, and do not and cannot undertake to review material that you or other users submit to the RealT Platform. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

Fees

If you are a realtor making use of the RealT Services through the RealT Agent application, you agree to pay a monthly subscription fee for your use of the RealT Services. Details in respect of the current subscription fee payable by you, including price, can be found in your account. The Company reserves the right to change the subscription fee at any time, in its sole discretion. Your subscription shall be automatically renewed each month on the anniversary date of the commencement of your subscription and accordingly, the obligation to pay the subscription fee to the Company shall continue to be payable until you terminate your use of the RealT Services. You may cancel your subscription at any time, in which case the subscription fee will cease to be payable, but the last payment will not be refunded or adjusted, and no other refunds will be provided.

If you are a provider making use of the RealT Services through the RealT Provider application, you agree to pay fees on a per-booking basis for your use of the RealT Services. Details in respect of the fees payable by you, including price, can be found in your account. The Company reserves the right to change such fees at any time, in its sole discretion.

We may, but shall not be obligated, to offer a free trial period for the RealT Platform and the RealT Services. During this period you will be able to use the functionality of the RealT Platform and the RealT Services pursuant to these Terms and Conditions.

All pricing is in Canadian currency and all prices exclude any applicable sales, retail, excise or similar taxes (including GST). You are fully responsible for any such taxes that you are obligated to pay or which we may collect from you in accordance with applicable laws.

Payment must be made through use of a valid credit card or other payment method authorized by the Company from time to time. The Company reserves the right to change, or to stop accepting, any permitted payment method at any time, in its sole discretion. You agree that the Company may charge your payment card for your access to and use of the RealT Platform and RealT Services each month for a subscription, or upon booking in respect of services providers, following the end of any free trial period, if applicable.

You represent and warrant that you are authorized to use the payment method provided in connection with your account, and you irrevocably authorize the Company or its designate (as the case may be) to charge you for the applicable fees.

You specifically acknowledge the Company may use a third party payment processing service in connection with your fees. You consent to the collection and use of your data (including, if applicable, personal information) by such payment processing service as necessary to process your payments. PLEASE NOTE THAT PAYMENT SERVICES ARE PROVIDED BY OUR THIRD PARTY SERVICE PROVIDER, STRIPE, AND THAT BY MAKING A PURCHASE VIA THE REALT PLATFORM YOU ARE ALSO AGREEING TO STRIPE’S PRIVACY POLICY, LOCATED AT: https://www.squarespace.com/privacy.

You are responsible to keep all of your information current and accurate in your account including your billing and contact information. You may edit your payment method information at any time. You must promptly advise the Company if your payment Card information changes due to loss, theft, cancellation or otherwise and if a payment is not processed successfully, you may be subject to additional charges which may be applied to your account, and you will remain responsible for any outstanding amounts and authorize the Company to continue billing the payment method, as it may be updated.

In the event you believe that the Company has billed you in error, you must contact the Company within thirty (30) days of the date of purchase. No refunds or adjustments will be provided for charges which are more than thirty (30) days old. If you do not advise us within thirty (30) days after the error first appears on your billing statement we will not be required to correct any error. You hereby release the Company from all liability and claims of loss resulting from any error that you do not report to us within thirty (30) days after the error first appears on your billing statement.

All sales are final and payments of fees are non-refundable, except as prohibited by law or as expressly provided for herein. No refund will be provided for the time of which you do not use the RealT Platform or the RealT Services.

Termination and Suspension

Subject to your acceptance of these Terms and Conditions and payment of applicable fees to the Company, access to the RealT Services shall commence on activation of your account and shall continue indefinitely unless terminated or suspended in accordance with these Terms and Conditions.

The Company may, in its sole discretion, disable or suspend your account or terminate your access to the RealT Platform or the RealT Services at any time for any reason immediately upon the occurrence of any of the following events:

(a) You fail to pay any amount when due.

(b) You breach any material term of these Terms and Conditions.

(c) You file a voluntary or involuntary petition in bankruptcy or insolvency, or making an assignment for the benefit of creditors, or a receiver or receiver-manager has been appointed over the whole or a substantial part of Your assets.

(d) You are involved in any activity likely to undermine the business or reputation the Company or the usability, functionality or performance of the RealT Platform or the RealT Services.

You may terminate your use of the RealT Services at any time by deleting your account or by cancelling your subscription through your account settings. Following termination, your use the RealT Services shall be immediately revoked.

No Reliance

Although we make reasonable efforts to update the information on our RealT Platform, we make no representations, warranties, or guarantees, whether express or implied, that the content on our RealT Platform is accurate, complete, or up to date. Your use of the RealT Platform is at your own risk and Neither the Company nor its Affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this RealT Platform.

This RealT Platform includes content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its Affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Privacy

By submitting your personal information and using our RealT Platform, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the RealT Platform and provision of services.

Most interactive websites use cookies to let us retrieve the user’s details for each visit by recalling previous requests or registration and/or IP addresses to analyze website use patterns. Cookies are used by our RealT Platform to enable the functionality of certain areas to make it easier for people visiting our RealT Platform. By using this RealT Platform you are consenting to the use of cookies. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the RealT Platform may not function adequately. For more information on this automated information gathering practices, see the Section titled Information We Collect Through Cookies and Other Automatic Data Collection Technologies in our Privacy Policy.

Hyperlinking to Our RealT Platform

The following organizations may link to our RealT Platform without prior written approval from the Company:

Government agencies
Search engines
News organizations
Online directory distributors may link to our RealT Platform in the same manner as they hyperlink to the websites of other listed businesses

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources
dot.com community sites
associations or other groups representing charities

online directory distributors
internet portals
accounting, law and consulting firms
educational institutions and trade associations

We will approve link requests from these organizations if we decide that: (a) the link is fair and legal and does not damage our reputation or take advantage of it; (b) the organization does not have any negative record with us; (c) there is a substantial benefit to us from the visibility of the hyperlink; and (d) the link is in the context of general resource information.

If you are one of the organizations listed above and are interested in linking to our RealT Platform, you must inform us by sending an e-mail to admin@realtbooking.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our RealT Platform, and a list of the URLs on our site to which you would like to link. Please expect a wait time of 2-3 weeks for a response from us.

Organizations that do not require prior written approval, or have been granted prior written approval by the Company, may link to our home page, to publications or to other RealT Platform information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards set out herein. You agree to cooperate with us in causing any unauthorized linking to immediately stop.

No use of RealTBooking’s logo or other artwork will be allowed for linking absent a trademark license agreement between the Company and the linking party.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our RealT Platform.

Third-Party RealT Platforms

For your convenience, this RealT Platform may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this RealT Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

If you find any link on our RealT Platform that is offensive for any reason, you are free to contact and inform us. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

Geographic Restrictions

The owner of the RealT Platform is based in the Province of Alberta in Canada. We provide this RealT Platform for use only by persons located in Canada. Although the RealT Platform may be accessible worldwide, we make no representation that materials on this RealT Platform are appropriate or available for use in locations outside Canada. This RealT Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the RealT Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction. Any offer for any product, service, and/or information made in connection with the RealT Platform is void where prohibited.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE REALT PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE REALT PLATFORM, INCLUDING BUT NOT LIMITED TO THE REALT SERVICES, IS AT YOUR OWN RISK. THE REALT PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE REALT PLATFORM, INCLUDING BUT NOT LIMITED TO THE REALT SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE REALT PLATFORM OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE REALT PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE REALT PLATFORM, INCLUDING BUT NOT LIMITED TO THE REALT SERVICES, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR REALT PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE REALT PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE REALT PLATFORM AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE REALT PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE REALT PLATFORM, INCLUDING BUT NOT LIMITED TO THE REALT SERVICES, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THROUGH YOUR USE OF THE REALT PLATFORM, YOU MAY HAVE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS AND PROVIDERS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY SERVICES OFFERED BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE SELLER OR PURCHASER OF SUCH SERVICES AND YOU. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE REALT PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SITE, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE REALT PLATFORM FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OF OUR AFFILIATES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONDITIONS AND, IF REQUIRED BY APPLICABLE LAW, SOME OF THE CONTENTS OF THIS SECTION MAY NOT APPLY TO CERTAIN USERS.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE REALT PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY REALT PLATFORM CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE REALT PLATFORM, INCLUDING BUT NOT LIMITED TO THE REALT SERVICES.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE REALT PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE REAL PLATFORM, INCLUDING WITHOUT LIMITATION, THE PROCESSING OF ORDERS.

SOME JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SET FORTH ABOVE AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO CERTAIN USERS OF THE REALT SERVICES.

IN THE EVENT THAT ANY CLAIM OR LIABILITY ARISES AGAINST US, OUR AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE REALT PLATFORM AND/OR RELATED SITES OR APPLICATIONS OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL NOT EXCEED $50.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its Affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the RealT Platform, including, but not limited to, your User Submissions, third-party sites, any use of the RealT Platform’s content, services, and products other than as expressly authorized in these Terms and Conditions.

Governing Law and Choice of Forum

The RealT Platform (excluding any linked site) is controlled by us from our offices within Alberta, Canada. The RealT Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this RealT Platform and under these Terms and Conditions will be instituted in the courts of the Province of Alberta and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the RealT Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Contact

This RealT Platform is operated by Real T Booking Inc. All feedback, comments, requests for technical support, and other communications relating to the RealT Platform should be directed to admin@realtbooking.com.

DATE: March 7, 2024