Terms of Service

Last Updated August 30, 2019
Effective December 7, 2018
Use of Our Service

At WOWA, we hold transparency and honesty as our core fundamental values. Our goal is to 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. As such, we want to make sure that you, as a user of our platform and/or Web site understand and agree to the terms that we set out.

The terms of our contract with you are listed below. If you don’t agree to our terms, then we ask you to please leave the WOWA Platform. If you do use the WOWA Platform, then that action will serve as your agreement to be bound by our terms of service.

If you have any questions or concerns regarding our terms of service, feel free to reach out to us at info@wowa.ca.

Basic Definitions
  1. WOWA Leads Inc. (“WOWA Leads”, “WOWA”, “we”, “us”, “our” or the “Company”)

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

  3. Our Terms of Service Agreement (the “TOS” or the “Agreement”)

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

  5. Real estate sales representatives, brokers, brokers of record, agents, and any other provider of real estate services (“real estate professionals”)

Applicable Users

By using the WOWA Platform, you guarantee that you are at least 18 years of age or above the age of majority in your jurisdiction; 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. We do not want you or us to break any laws. If you are not human, please send us a message at info@wowa.ca and we will see what we can do to help you conquer the world.

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:

  1. Our goal is to match you up with one of our partners or real estate professionals on our platform. This involves sharing your contact information. When you submit information to our platform, you authorize us to use and provide this information to our partners. We may also use this information for improving our services. By providing this information to us, you consent to being 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.

  2. 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.

  3. You understand that WOWA is not a financial, real estate broker, or lender. While we may refer you to real estate professionals or lenders, 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. We will not be a party to or held responsible for any such agreement.

  4. 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. You are responsible for ensuring that the information in your profile is correct, complete, and not misleading. If there are any changes to your information, you should update your profile as applicable as soon as possible. We reserve the right to suspend or terminate access to our platform to anyone who supplies information that is inaccurate or misleading.

  5. 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.

  6. You understand that for our Services we may receive payment, such as through the form of a referral fee. For 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.

  7. Your participation in our platform is voluntary and can be terminated at any time. However, any referrals made prior to such termination are still bound by the agreements that we may have with a real estate professional.

  8. 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:

  1. You grant WOWA permission to use, display, and share any information that we have gathered or you supplied on our platform, including any 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 find you leads and promote your online presence.

  2. You are responsible for maintaining your own real estate license 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.

  3. Any information that you provide to WOWA shall be accurate, complete, and owned by you. You are responsible for ensuring that the 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.

  4. 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.

  5. Maintaining a profile 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 after October 1st, 2019 within two years of the last contact date through our platform. This payment will be due within two weeks of your receiving your commission or transaction close, whichever is earlier.

  6. 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 to any other third party without our written consent.

  7. 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.

  8. Your participation is voluntary and can be terminated by either of us at any time and any reason with written notice. However, you are obliged to pay Referral Fees for any referrals made prior to the termination date in accordance with our fee policy. This includes any applicable transactions that are made up to two years after your termination date by our referral.

  9. In order to prevent the misuse of our platform, you agree not to use our platform in any capacity other than that of a real estate professional. This includes but is not limited to using our platform as a buyer, seller, or renter. If you have any questions regarding the consumer process, please direct them to us and we will be happy to answer them within the best of our ability.

  10. 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. Services and referrals provided prior to the change will remain governed by the original policy.

  11. By submitting your content (e.g. video link) to WOWA Leads, Inc., you hereby grant WOWA Leads, Inc. a worldwide, non-exclusive, royalty-free, sublicenseable 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.

  12. 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.

  13. 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.

  14. WOWA Leads, Inc. offers a video creation service, MyCast, that is available for agents to use. By using MyCast and submitting recordings or videos to Wowa, you hereby grant Wowa a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, distribute, prepare derivative works of, display, and perform the content that you submit in connection with WOWA Lead's (and its successors' and affliates') business, including without limitation for promotion and redistribution 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.

Additional Terms
  1. 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 resolution of the issue.

  2. We intend that the information contained on the WOWA Platform be accurate and reliable; however, errors may occur. We may also make changes or improvements to the provided information at any time. Some of our material comes from third-parties that we may not be able to verify or review. Subsequently, we do not guarantee the accuracy of any information available on the WOWA Platform, and are not responsible for any errors, omissions, or misrepresentations.

  3. Although we aim to offer you the best service possible, we cannot promise that the WOWA Platform will meet your requirements. We offer our platform on an “as is”, “with all faults”, “as available” basis. We cannot guarantee that our platform will be fault- or virus-free or continuously available, although we may try to do so. We and/or our suppliers, participating lenders, or real estate professionals disclaim any warranty of any kind, whether express or implied, as to any matter relating to our platform, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Use of our platform is at your own risk.

  4. You agree not to hold WOWA, our suppliers, participating lenders, real estate professionals, or other third-parties with which we do business liable for any direct, indirect, special, consequential, or exemplary damages arising from or related to the use of or inability to use our platform. This includes any and all losses, liabilities, claims, damages, and demands that arise or may arise in connection to our platform, even if we had been advised of the possibility of damages.

  5. Our total cumulative liability to you or any person for any claims arising from or relating to our Services will be limited to a maximum of $10 Canadian Dollars.

  6. 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 of Canada as well as 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.