Terms and Conditions


Definitions

“Terms and Conditions Contract” means the contract contained herein, which is applicable to OwnSpace and any user of OwnSpace software products, including both home buyers and home builders. It is fundamentally distinct from the Purchase Offer Contracts signed within the OwnSpace website.

“Purchase Offer Contract” means a contract between a home builder and home buyer/purchaser(s). Although we facilitate the signing of Purchase Offer Contracts on our websites, OwnSpace does not have any legal power in relation to these contracts before, during, or after signature. For questions and concerns about Purchase Offer Contracts, please contact the home builder directly.

Restrictions and Limitations

The services may not be used to spam purchasers with emails intentionally.

No users or purchasers under the age of 13 may use the service. Users under the age of 13 will be deactivated if we are made aware of their usage.

Falsifying financial information or personal identification documents, or attempting to use the system to commit credit card, wire transfer, banking or financial fraud is strictly prohibited.

Using the service with the intent to build another commercial product based on the system is prohibited.

You may not use the services with the intent to circumvent our provided user interfaces in the website and mobile app.

Using the services with the intent to cause temporary or permanent harm, such as performance degradation, is strictly prohibited.

Attempts to circumvent restrictive actions taken on an account by an OwnSpace team member, for example if an account is disabled for breach of this contract, are prohibited. “White hat hacking” or attempting to discover vulnerabilities in the services, without explicit permission from OwnSpace in writing, is prohibited.

You may not screen scrape or otherwise pull OwnSpace content from the website using software or manual means.

Any unauthorized use of protected material within the content which would constitute an infringement of third party rights is strictly prohibited.

You may not use OwnSpace websites if you are prohibited by law from using them, or if you are prohibited from using our third party affiliate software, such as DocuSign and Stripe.

Licences

Subject to your complete compliance with these Terms and Conditions, OwnSpace grants you limited, non-transferable, revocable permission to access and use the OwnSpace websites. Sublicensing or reselling of any part of the OwnSpace websites is not permitted.

Limitations of Liability and Disclaimers of Warranties

OwnSpace is not liable for any damages resulting from the use of this software, including any type of damages that may result through the course of home building or buying.

OwnSpace is not liable for the performance of any brokers or home builders involved in the home buying process.

OwnSpace is not liable for any damages resulting from the use of third party affiliate software, including but not limited to DocuSign, Stripe Payment, Stripe Identity, and Google Analytics.

OwnSpace is not responsible for illegal actions taken by individuals using our software. This includes, but is not limited to, the use of stolen credit cards, fraudulent identity documents or fraudulent financial information. It also includes actions taken by individuals attempting to maliciously breach, hack, or otherwise compromise OwnSpace’s security systems.

OwnSpace guarantees to store your completed electronic purchase offers for a minimum of seven years.

Any OwnSpace website user acknowledges and agrees that, to the fullest extent possible under applicable law, OwnSpace makes no representation or warranty, express or implied, at law or in equity, in respect of any matter relating to OwnSpace, including, without limitation, the assets, financial condition, liabilities, operations or prospects of OwnSpace or in respect of the transactions contemplated by this Terms and Conditions Contract, and any such other representations or warranties are hereby expressly disclaimed by the Seller. Please refer to the terms provided by the third parties, such as home builders, who are responsible for these purchases for possible warranty information.

The use of OwnSpace and associated websites is conducted at your own risk. OwnSpace products are provided on an “as is” and “as available” basis. To the fullest extent possible under applicable law, OwnSpace gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the software. In no event shall OwnSpace, its affiliates, officers, directors, employees, licensees or any third parties be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use OwnSpace’s website. You do declare that you indemnify, keep harmless from any third party claim or demand OwnSpace, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders for any liability from the unauthorised use of copyrighted material and fully pay on their behalf or reimburse them any and all direct and indirect damages they may suffer.

Using our websites and products constitutes agreement that, should OwnSpace’s websites and products fail to meet your expectations, you will contact us with your concerns. While we cannot guarantee resolution of every user concern, we will work with you to try to resolve the concern.

Payment Terms

At this time, OwnSpace does not charge home buyers for use of the OwnSpace websites. We reserve the right to update our payment terms in the future by posting them on the applicable website.

Breach of Term and Conditions Contract

If a user or purchaser violates this Terms and Conditions Contract, their user account(s) and/or purchase offer(s) may be frozen and made inaccessible to the user or purchaser.

If OwnSpace violates the Terms and Conditions Contract, we encourage the user to contact our support team, who are trained to escalate Terms and Conditions Contract concerns to upper management if necessary. If we are unable to resolve your concerns through the aforementioned route, you are entitled to take lawful action against us as specified in the region’s governing laws.

Severability

Should you desire to end this Terms of Service contract, you are within your rights to do so. Any information that you have provided to OwnSpace will be retained for legal and accounting purposes. During the course of the home buying process, any unsigned purchase offers may simply be paused or deleted unless signed.

If you desire to end this Terms of Service contract after you have signed a Purchase Offer Contract through our website or application, please contact our support team and they will assist you in the process of a complete transfer of your information to the home buyer responsible for your Purchase Offer Contract.

Any purchase offer contracts that have been signed are a binding contract between the purchaser(s) and the home builder. OwnSpace does not have the authority to modify or terminate these contracts, once signed, under any circumstances.

Applicable Law

This contract is governed by the laws of Canada and any applicable laws of the provinces of the home builder, OwnSpace, and the purchaser(s).

Notwithstanding anything to the contrary, any applicable laws of Canada or any applicable laws of the provinces of the home builder, OwnSpace, and the purchaser(s) supercede any clauses within this contract.

Intellectual Property and Copyright Rights

OwnSpace retains ownership of all proprietary rights to their services and to all trade names, trademarks, and service marks associated or displayed with the services.

Updates to Terms and Conditions

We may update these Terms and Conditions from time to time by updating its content on the OwnSpace website and mobile application. By continuing to use OwnSpace, you agree to all updates published on the website and mobile application as of the date they are published.

Handling of User Generated Content

OwnSpace takes the privacy and security of your user-generated content seriously. Our website and application do not enable the generation or sharing of user generated content beyond the information collected by OwnSpace for the purposes of maintaining your account and facilitating the home buying process.

Please refer to our Privacy Policy for additional information about how OwnSpace protects the privacy of your personal data generated, entered, or uploaded throughout the course of the home buying process within our website and application.

Severability

Any part, provision, representation or warranty of this Terms and Conditions contract which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation or warranty of this Terms and Conditions contract which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. To the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or renders void or unenforceable any provision hereof.

For questions regarding this Terms and Conditions contract, please contact our support team.