Terms of Service

Last Updated July 13, 2022
Effective December 7, 2018
Basic Definitions

WOWA Leads Inc. (“WOWA Leads”, “WOWA”, “WOWA.ca”, “we”, “us”, “our”, or the “Company”)


Our Website, Platform, and all information, software, and services associated with it (collectively, the “WOWA Platform”, “Our Platform”, “Site”, or the “Services”)


Our Terms of Service Agreement (the “TOS”, “Terms of Use”, or the “Agreement”)


You as any individual or entity that accesses, browses, or uses the WOWA Platform in any manner (“you”, “your”, or “users”)


Real estate sales representatives, brokers, brokers of record, agents, mortgage brokers, mortgage brokerages, lenders, and any other provider of real estate or financial services (“Real Estate Professionals” or “Partners”)

Use of Our Service

At WOWA, we hold transparency and honesty as our fundamental core values. Our goal is to empower users by providing accurate and intuitive real estate and financial tools & guides so everyone can make more informed financial decisions. Additionally, we help buyers, sellers, and renters of real estate find the best Real Estate Professionals for them. We may also provide additional services in the future that we believe can help people navigate the real estate experience or their personal finances. As such, we want to make sure that you, as a user of Our Platform and/or Website, understand and agree to the terms that we set out.

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you”) and WOWA Leads Inc., concerning your access to and use of the WOWA.ca website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to it (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

In our sole discretion, we reserve the right to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

Applicable Users

By using the WOWA Platform, you guarantee that you are capable of agreeing to a legal agreement in your jurisdiction; and are a living, breathing human. You also warrant that your use of the WOWA Platform will not violate any applicable law or regulation in the province, state, territory, or country in which you reside. If you do not or cannot assert the above, then please stop your use of Our Platform.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.

User Representations

By using the Site, you represent and warrant that:

  1. You have the legal capacity and you agree to comply with these Terms of Use;
  2. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
  3. You will not use the Site for any illegal or unauthorized purpose; and
  4. Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Terms for Consumers

All non-real estate professionals, including Buyers, Sellers, and Renters and their representatives, who are involved with or use Our Platform must agree with the following terms:

  • When you submit information to Our Platform, you authorize us to use and provide this information to our Partners. By providing this information to us, you consent to be contacted by us and by our Partners via phone, SMS, email, mail, or any other reasonable means.
  • Your information may be used by our Partners for purposes not defined in this Agreement. Our Partners may define their own terms of service agreement with you. We will not be a party to or held responsible for any agreement, implicit or explicit, that you may have with our Partners regarding the use of your information and any consequences that may arise from that use.
  • You understand that WOWA is not a real estate broker, lender, or provider of financial products. While we may refer you to Real Estate Professionals, we do not perform any real estate brokerage activities or lending. We do not endorse, recommend, or otherwise know the terms of any agreement between you and one of our Partners. You are responsible for ensuring that any such agreement is in your own interest. This includes conducting your own research and consulting a professional. We will not be a party to or held responsible for any such agreement.
  • In order to help you, we need you to provide information that is accurate and complete, especially your contact information so that we or our Partners can contact you quickly. You may be asked to provide certain information, including your name and contact information. You may at times be able to use a third-party to provide your information, including Google, Facebook, or any such third-party platform that we integrate into our Services. If you do so, you authorize us to access and use certain account information in accordance with the platform policies of the respective third-party as applicable. We reserve the right to suspend or terminate access to Our Platform to anyone who supplies inaccurate or misleading information.
  • You understand that we cannot guarantee and are not responsible for the accuracy of any information on Our Platform, including that of our Partners and their profiles. Any information is intended to be indicative only and will not form the basis of a binding contract between you and any of our Partners. You are responsible for checking and verifying any information received through our Services before acting on or using said information. If you choose to contact any of our Partners, you agree that you do so entirely at your own risk.
  • You understand that we may receive payment for our Services, such as in the form of an advertisement fee or a referral fee. For some real estate services, this may take the form of a percentage of the commission received by the professionals involved in the real estate transaction. There is no charge to you. Any payment is due based on a separate agreement between us and the professional or third-party involved. Your use of our Services constitutes your acknowledgement of, and agreement to, this compensation agreement.
  • You agree that we may modify the Services provided or these terms of service at any time. These changes may take effect immediately, and you agree that your continued use of our Services means that you accept the new terms and any subsequent Services shall be governed by the new terms.
Terms for Real Estate Professionals

Real Estate Professionals who are involved with and/or use Our Platform must agree with the following terms:

  • You grant WOWA permission to use, display, and share any information that we have gathered or you supplied on Our Platform, including any Google reviews, and real estate transactions you have handled as a real estate professional. You give us permission to use your information, including your name, likeness, contact information, and transaction details, on WOWA and such other partner, affiliate, or marketing websites or platforms. This information helps us connect you to leads and promote your online presence.
  • You are responsible for maintaining your own real estate licenses and for following any applicable real estate laws and regulations that apply to you in your jurisdiction. You are solely responsible for the services that you provide to your clients and agree to indemnify, defend, and hold WOWA harmless from any claims, costs, and damages incurred by us arising from claims by your clients.
  • Any information that you provide to WOWA shall be accurate, complete, and owned by you. You are responsible for ensuring that your information on Our Platform is accurate and agree to update any information that is or becomes inaccurate. You understand that a false statement may result in the termination of the use of our Services and legal action.
  • You authorize WOWA permission to gather information from and contact your clients and anyone who sought to use your services. We may ask them for information regarding your services and performance. You grant us permission to use, share, and display this information on Our Platform and other partner or affiliate sites. At times, this may involve the publishing of feedback from your previous clients. You acknowledge and agree that we are not under any circumstances to be held responsible or liable to you for any feedback posted, nor are we obliged to become involved or intervene in complaints or disputes concerning this feedback, although we reserve the right to do so.
  • Maintaining a profile for real estate agents on WOWA is completely free. However, by using Our Platform you agree to accept referrals from Homula, WOWA’s partner brokerage, and pay them a referral fee of 20% of the gross commission for any transactions that result from our referrals. Applicable transactions will include all transactions and services incurred by any referrals within two years of the last contact date through Our Platform. This payment will be due within two weeks of you receiving your commission.
  • For real estate agents: In order to protect our referrals, you agree that you will not share the referrals or any of the information we provide to you about them with any other third party without our written consent.
  • We will need to contact you for various purposes, including but not limited to giving you information about referrals. You agree to be contacted by WOWA and its referrals via phone, SMS, mail, or any other reasonable means. We may create recordings of these communications. You grant us the sole ownership of these recordings and the legal right to use them for any purpose we deem advisable, including but not limited to quality assurance and marketing purposes.
  • For real estate agents: Your participation is voluntary and can be terminated by either of us at any time and for any reason. However, you are obliged to pay Referral Fees for any referrals made before the termination date in accordance with our fee policy. This includes any applicable transactions made up to two years after your termination date by our referral.
  • You agree that we may modify the Services provided, these terms of service, or the price charged for our Services at any time. These changes may take effect immediately, and you agree that your continued use of our Services means that you accept the new terms and any subsequent Services and referrals shall be governed by the new terms. The original policy will govern Services and referrals provided prior to the change.
  • By submitting your content (e.g. video link) to WOWA Leads, Inc., you hereby grant WOWA Leads, Inc. a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the WOWA Leads, Inc. (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the content (and derivative works thereof) in any media formats and through any media channels. If you consent to the upload of your content and any derivative works that we may make to YouTube, you understand that the content will be subject to any applicable terms and conditions provided by YouTube.
  • You further agree that the content you submit will not contain third party copyrighted material or material that is subject to other third-party proprietary rights unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant WOWA Leads, Inc. all of the license rights granted herein.
  • By connecting your Google Business API to your account on WOWA Leads, Inc., you hereby grant WOWA Leads Inc. the right to reproduce, distribute, and display content publicly available as part of your Google Business, including but not limited to reviews, locations, descriptions, and contact information. It is your responsibility to ensure that the content from Google Business does not contain any sexual, explicit, unlawful, misleading, discriminatory, or fraudulent material and does not infringe or violate someone else's rights, including their intellectual property rights.
  • We want to guarantee the security of all accounts on Our Platform. If you register on Our Platform and create an associated password, you hereby agree to keep your password confidential and refrain from disclosing or sharing it with anyone. If you believe that there has been a breach of security, including, without limitation, the disclosure, theft, or unauthorized use of your password or account, you must notify us immediately. We reserve the right to suspend and/or terminate your account until the resolution of the issue.
Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead other users and us especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use the Site as part of any effort to compete with us.
Third-Party Website and Content

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or damage caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Advertisers

We allow advertisers and our Partners to display their advertisements, services and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

Modifications and Interruptions

We reserve the right to change, modify, or remove the Site's contents at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, CALCULATIONS, AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT, CALCULATIONS, AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR CALCULATIONS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO TEN CANADIAN DOLLARS. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, Partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Governing Law

As a Canadian company based in Ontario, we want you to know that we are held to our local and national regulations, which may not be the same as yours. You agree that the laws of the Province of Ontario and those of Canada applicable to Ontario, exclusive of any rules or principle of conflicts of laws that may arise, govern this agreement and any dispute that may arise between you and WOWA.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://wowa.ca/privacy. You agree to be bound by our Privacy Policy by using the Site.

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at info@wowa.ca.