Terms of Use Agreement & Privacy Policy

“AGENTONDUTY” app
Updated April 25, 2020

Thank you for your interest in “AGENTONDUTY” mobile app (operated by AGENTONDUTY INC. Toronto, Canada). By clicking a registration or create a new account button, you agree to be bound by the following terms of use which will be updated from time to time.

General

AGENTONDUTY INC. is a company incorporated in Toronto Canada.  It is also a registered real estate brokerage under Real Estate Council of Ontario (RECO).  AGENTONDUTY INC. operates a digital brokerage “ AGENTONDUTY INC. BROKERAGE” as well as managing AGENTONDUTY mobile App and its associated Web Pages : agentonduty.realestate, toresidence.com. AGENTONDUTY refers to this group of app. web sites  and the Brokerage as the AGENTONDUTY global network.  Any person accessing or using the AGENTONDUTY Network is referred to as “you”.

Account Eligibility:

By using our mobile app, you represent and warrant that:

  • You are at least 18 years old;
  • You have not previously been removed from our site by us, unless you have our express written permission to create a new account.
  • You agree to treat connected parties (real estate agents, mortgage agents, home buyers/sellers, tenants/landlords and mortgagors) in a courteous and respectful manner, both on and off the mobile apps;
  • Maintain a strong password and take reasonable measures to protect the security of your login information.
  • You confirm the mobile number and you email used for signing up is yours. You also consent to receive calls, SMS messages & emails from AGENTONDUTY Inc. and the AGENT ON DUTY you have been connected with by the App for informational and/or marketing purposes. 

You agree that you will not:

  • Misrepresent your identity, qualifications, or affiliations with a person or entity;
  • Use the App in a way that damages the Services or prevents their use by other users;
  • Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
  • Use our apps for any harmful, illegal, or nefarious purpose;
  • Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
  • Post or share impropriate Content;
  • Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
  • Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
  • Use another user’s account;
  • Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or

Upload viruses or other malicious code or otherwise compromise the security of our Services;

ACCOUNT TERMINATION

You can delete your account at any time by logging into the app, going to account settings, clicking “Delete account”.

AGENTONDUTY reserves the right to investigate and, if appropriate, suspend or terminate your account if you have violated the Terms you have agreed upon, misused our Services, or behaved in a way that AGENTONDUTY regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.

If your account is terminated by you or by AGENTONDUTY for any reason, these Terms continue and remain enforceable between you and AGENTONDUTY.  Your information will be maintained and deleted in accordance with our privacy policy.

No Criminal background or identity verification checks

AGENTONDUTY does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS

Always use your best judgment and take appropriate safety precautions when communicating with or meeting new people. Though AGENTONDUTY strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the MOBILE APP or meet in person.

GOVERNING LAW

These Terms of Use shall be governed by the laws of Ontario, Canada. The courts in Toronto, Ontario Canada, will have exclusive jurisdiction to hear and decide any disputes relating to these Terms of Use.

If these Terms of Use are translated into a language other than English and there are conflicts between the translations, the English version shall prevail and control.

REAL ESTATE Referral  

Buyers/Sellers/Tenants/Landlords/Mortgagors:
While you are not responsible for making referral payments to, as part of the Services, AGENTONDUTY INC. may be paid valuable consideration in exchange for your referral to a real estate professional or a mortgage professional. You authorize AGENTONDUTY to make such Real Estate Referral and acknowledge AGENTONDUTY INC. may be paid valuable consideration for facilitating such referral.

Real Estate Agents/Mortgage Agents:
When you sign up an account with AGENTONDUTY app, you have agreed to pay AGENTONDUTY INC. a FEE (see “Agent Sign Up” screen for FEE disclosure in details) upon receipt of commission resulting from any referrals generated from the app.  You further acknowledge the liability for any fees occurred in the event you refuse to pay the FEE to AGENTONDUTY INC.

Privacy Policy  

AGENTONDUTY will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Your privacy is very important to us and we are committed to protecting your information that identifies you personally. We will NOT share personal information that you provide with any party besides AGENTONDUTY INC. and the agents on duty who have been connected to you on the AGENTONDUTY platform

Changes to this Privacy Policy

Please note that this policy may be amended from time to time. You should check back for the most current version before relying on any of the provisions in this privacy policy. We will provide notice of material changes to the policy, either by posting a notice on our websites, by sending an email, or some other reasonable method.

Messages Sent via the App

This app allows users to send messages to other persons, including other users and real estate agents, mortgage agents. The user agrees not to use this app platform to harass or abuse, send spam or other unwanted communications, or send unlawful, libelous, obscene, discriminatory or otherwise objectionable messages including messages that:

  • (a) infringe, misappropriate or violate any intellectual property or other rights of any third-party;
  • (b) are defamatory, harmful to minors, obscene or child pornographic;
  • (c) contain any viruses or programming routines intended to damage the services or any software, hardware or other technology used to provide the services or surreptitiously intercept or expropriate any data or information;
  • (d) are false, misleading or inaccurate;
  • (e) contain Sensitive Data. For the purposes of these terms for use, “Sensitive Data” means (i) a social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (ii) a credit or debit card number; (iii) employment, financial or health information; (iv) any person’s ethnic or religious affiliation or sexual orientation; (v) account passwords; (vi) any person’s date of birth; (vii) any person’s criminal history; or (viii) the user’s mother’s maiden name.

AGENTONDUTY is under no obligation to review the content of messages sent through the APP but may do so at any time in order to comply with any law, government request, or in the interest of operating the app.

AGENTONDUTY may remove any message and/or terminate, limit or suspend any user’s access to the app for any reason.

The user agrees that AGENTONDUTY shall have no liability for any damages arising out of the content of any messages sent through the app. Anyone who sends a message agrees to indemnify and hold AGENTONDUTY harmless from any and all liability, damages or expenses, whatsoever due, arising from, directly or indirectly, any cause of action arising out of that message.

Liability and Warranty Disclaimer

AGENTONDUTY makes no representations about the suitability of the data or graphics published on the app. The listing information is deemed reliable, but not guaranteed. Everything on the app is provided “As Is” without warranty of any kind including all implied warranties and conditions of merchantability, fitness for a particular purpose, accuracy, title and non-infringement. AGENTONDUTY may remove or change any content on the app for any reason. Neither AGENTONDUTY nor any of its suppliers shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of the user’s access to or use of the app.

No Waiver

AGENTONDUTY’s failure or delay to enforce any of the terms and conditions under these Terms of Use shall not operate as a waiver of any of AGENTONDUTY’s rights or privileges under these Terms of Use.

Contacting AGENTONDUTY INC.

If you have any questions about our terms of use and privacy policy of AGENTONDUTY INC, please email us at privacy@agentonduty.realestate, or you can write to us at:

AGENTONDUTY INC.
Attn: Consumer Care
119 Front St E
Toronto ON M5A 4S5 Canada