WhizReal Terms of Service

Legal Disclaimer and Terms of Use

Definitions

Whizreal.com (“Web Site”) is owned and operated by First2Search Inc..

The terms “WhizReal”, “we”, “us”, “our” and “ours” when used in these Terms of Use means First2Search Inc. which includes all its parents, subsidiaries, divisions, branches, affiliates or companies under common ownership or control of First2Search Inc.

The terms “you”, “your” and “yours” when used in these Terms of Use means any user of this Web Site.

Account Terms

Access to and use of this Web Site and the information, materials, products and services available through this Web Site are subject to all applicable laws and regulations and to these Terms of Use.

By accessing this Web Site, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit this Web Site.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Web Site, and you should always review these Terms of Use prior to using the Web Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Web Site. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.

ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEB SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

1. You must provide your full legal name, address, valid email address and any other information required for the sign-up process.
2. You are responsible for keeping your password safe and secure. We are not responsible or liable for any loss or damages from your failure to maintain the security of your account.
3. You may not use WhizReal for any illegal purpose as well as violate any laws in your jurisdiction.
4. You are responsible for all content (data, graphics, photo’s) and activity in your account.
5. You must not transmit any viruses or destructive code.

Any breach or violation of Account terms may result in termination of your services.

Product & Services Information

All references on this Web Site to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated.

Payment

We bill in 30 day intervals. At the completion of your billing cycle, you will receive an invoice via email.

All fees are exclusive of federal, provincial, state or other governmental sales, good and services, harmonized or other taxes, fees or charges now in force or enacted in the future. If you are a resident of Canada or a corporation incorporated in Canada you are responsible for all applicable Taxes that arise from or as a result of your subscription to a Plan. These Taxes are based on the rates applicable to the Canadian billing address you provided to us. Such amounts are in addition to payment for the Plan and will be billed to your credit card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.

If you are not a resident of Canada or not a Canadian corporation and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of the service, you must provide us with a statement by email at hello@whizreal.com that:

1. You are not a resident of Canada or a Canadian Corporation.
2. You are not GST/HST registered
3. You are not an individual and not a corporation or legal entity, you were not physically present in Canada when the service is made.

The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes on the Plan which will be billed to your credit card until after such time that you provide us with the information described to us.

To the extent that you are a non-resident individual and not a corporation or other legal entity, and your location of usage shifts to a place in Canada when the service is made, you must advise us immediately by email to the address provided above.

Refund Policy

1. A valid credit card is required.
2. We will not require your first payment until 30 days after you launch your website.
3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
4. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account.
6. If the credit card on your account is unable to be processed, or if your account is delinquent, we will notify you and provide a 30 day grace period for you to re-enter your payment details. If payment is not received within 30 days; your website may be locked, unavailable or disabled until payment on your account is setup. WhizReal does not accept any liability for such loss.

Ownership

Unless otherwise indicated, this Web Site and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Web Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of First2Search Inc. or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED

The posting of any such elements on this Web Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this Web Site. Except as otherwise provided herein, none of the these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Web Site and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Web Site for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded, archived or printed materials.

Minors

This Web Site is a business and commercial site. As such, it is not intended for children or minors. You must be 18 years or older to use this service.

Data Protection Consent

Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary.

Posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

Notwithstanding the foregoing, all personal data provided to us as a result of this Web Site will be handled in accordance with our Privacy Policy.

Statements on Web Site

The documents contained on (or directly accessible from) this Web Site may contain a number of forward-looking statements. Any statements that are not statements of historical fact (including without limitation statements to the effect that First2Search Inc. or its management “believes,” “expects,” “anticipates,” “plans” and similar expressions) should be considered forward-looking statements and should not be relied upon.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Exclusion of Liability

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Web Site or any web site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. Price and availability of information, materials, products and/or services is subject to change without notice.

Indemnity and Release

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Web Site or any of the information, materials, products or services available through this Web Site.

Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Web Site (or any portion thereof) and/or the information, materials, products and/or services available through this Web Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Web Site.

Prices for using WhizReal are subject to change upon 30 days notice. Price changes will be communicated either through the administration control panel or the WhizReal website. (whizreal.com).

Cancellation and Termination

You may cancel your account anytime through the administration control panel. Once your account is cancelled, all of your content will be immediately deleted.

Third Party Services

WhizReal may provide access to third party tools and services. We do not control or monitor these services. You agree that WhizReal will have no liability whatsoever arising from your use of third party services.

Entire Understanding

These Terms of Use contain the entire understanding between you and us with respect to this Web Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Law & Jurisdiction

These Terms of Use are made under Canadian law and this Web Site is operated from Burlington, Ontario. Access to, or use of, this Web Site or information, materials, products and/or services on this Web Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Web Site. We make no representation that the information contained herein is appropriate or available for use in any location.

You agree that the courts of Ontario shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this Web Site, and that the laws of the Province of Ontario shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

Contact Us

If you have any questions regarding these Terms of Use or any other matter, you may contact us in by writing to us at WhizReal, 59-5100 South Service Road Burlington, Ontario, Canada L7L6A5 or e-mailing us at hello@whizreal.com