General Terms of Service
Definitions
Capitalized terms used but not otherwise defined in these General Terms of Service have the meanings set forth below:
"Applicable Governing Law" means the laws of the Province of Ontario and the federal laws of Canada applicable therein.
"Applicable Laws" means all applicable local, municipal, provincial, territorial, national, and international laws, rules, regulations, and guidelines.
"Content" means any ad, photo, video, message, document, description, data, rating, review, comment, or other information.
"Copyright Act" means the Copyright Act, RSC., 1985, c. C-42.
"Exclusive Jurisdiction" means the courts located in the Province of Ontario.
"Feedback" means any input and suggestions regarding the Site or the Services.
"Housing and Human Rights Laws" means any Applicable Law that makes it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, colour, religion, sex, physical or mental disability, sexual orientation, marital status, ancestry, source of income, or other criteria.
"Listing Service" means the Site's listing service.
"Listing Terms" means the terms and conditions applicable to any User of the Listing Service.
"Developments.ca," "We," "Us," or "Our" means Developments.ca, a Canadian company.
"Developments.ca Parties" means Our agents, parent and subsidiary companies, affiliates, partners, licensors (excluding any User), or third-party service providers and their respective directors, officers, employees, and agents.
"Marks" means any trademarks, service marks, and other indicia of source.
"Privacy Policy" means the Privacy Policy available at
https://developments.ca/privacy-policy
"Services" means any of Our online services or any part of them available on or through the Site.
"Software" means all software contained in the Site.
"Site" means, collectively, the developments.ca website or any related applications, as well as any publicly available versions appearing on third-party sites or offered through any distribution partner or other listing syndication.
"Terms" means, collectively, the General Terms of Service, the Listing Terms, and the Privacy Policy, together with all other terms and conditions listed on the Site or otherwise incorporated by reference here.
"Third-Party Content" means Content provided by third parties and links to websites and services maintained by third parties.
"Third-Party Integration" means third-party applications, products, or services for use in connection with the Site or Services.
"You," "Your," or "User" means anyone accessing and/or using the Site or the Services, including through a bot or other automated means, and if on behalf of an organization (for example, as an account administrator), such terms refer to that organization.
"Your Content" means any Content (including without limitation ratings, reviews, comments, and listings or other information) or interaction with other Users, such as through contact forms, chat features, or other communication functionality.
Binding Agreement and Privacy Policy
The Terms are a legally binding contract between You and Developments.ca that You are agreeing to by registering for an account or by accessing or using the Site and/or the Services. By using the Site, You represent and warrant that You have reached the age of majority in Your jurisdiction of residence and that You can form a binding contract with Developments.ca. Your use of the Site and/or the Services is only permitted if in compliance with the Terms and all Applicable Laws. You further represent and warrant that You are not a competitor of Developments.ca. If You do not agree with the Terms, do not access the Site or register or use any of the Services.
You acknowledge and agree that the Terms are solely a contract between You and Developments.ca and expressly do not govern any sale, transaction, or other relationship between You and any other User, including without limitation with respect to any buyer or seller or any property sale contract in connection with any listing on the Services or with respect to any Third-Party Content or Third-Party Integration.
Developments.ca shall have no liability for Your interactions with other Users or for any User’s action or inaction.
If You are accessing the Site or using the Services on behalf of an organization (for example, as an account administrator), You are agreeing to the Terms for that organization and are representing and warranting to Us that You have the authority to bind that organization to the Terms. Please review our Privacy Policy (https://developments.ca/privacy-policy) , which describes our privacy policies and practices in detail with respect to the Site and Services. As we may amend the Privacy Policy from time to time, we advise you to revisit the Privacy Policy on a frequent basis for changes. You hereby consent to our use of your personal information in accordance with the Terms and for the limited purposes described in the Privacy Policy. By agreeing to the Terms, you acknowledge and agree that certain information about you is subject to the Privacy Policy.
Nature of the Site and the Services
Developments.ca provides the Site and Services to enable members of the real estate industry to share information about pre-construction and resale listings, properties, and related services with the public. Developments.ca does not provide any real estate, brokerage, appraisal, or other professional real estate services, and does not hold itself out as being registered, licensed, or otherwise authorized to perform any such services.
Developments.ca does not provide legal, financial, or real estate advice, and does not endorse, recommend, or approve of any real estate agent, broker, brokerage, or other service provider featured on or linked from the Site.
Inclusion of any builder, project, or development on the Site does not imply endorsement, partnership, or affiliation by Developments.ca. All project details and related materials are shown for general informational purposes only and should be independently verified by Users before making any decisions or entering into agreements.
Developments.ca is not a party to any transaction between developers, builders, agents, or buyers. Developments.ca does not:
- (a) broker, sell, lease, or offer to broker, sell, or lease any properties;
- (b) guarantee or ensure the success of any transaction;
- (c) screen Users or validate listings;
- (d) facilitate documentation or payment;
- (e) act as an agent, broker, payment processor, or legal advisor.
You should use Your own discretion and judgment in evaluating individuals, organizations, or information found on or through the Site. You are encouraged to personally inspect properties and consult qualified professionals before making any decisions involving listings, agreements, or financial transactions. Developments.ca makes no representations or warranties regarding any real estate agent, broker, builder, or property information displayed.
All pricing, promotions, and availability of listings are subject to change without notice and are at the sole discretion of the seller or their representative. IF YOU RELY ON ANY SERVICE, INFORMATION, OR OTHER CONTENT AVAILABLE ON THE SITE OR THROUGH THE SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
All pricing, promotions, and availability of listings are subject to change without notice and are at the sole discretion of the seller or their representative. IF YOU RELY ON ANY SERVICE, INFORMATION, OR OTHER CONTENT AVAILABLE ON THE SITE OR THROUGH THE SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
Changes to the Terms
We reserve the right to modify these Terms at any time. The most current version of the Terms will be posted on the Site with the updated effective date. Any changes will be effective immediately upon posting. If we make material changes, we will take reasonable steps to notify You, which may include notices via email, on the Site, or other communication methods. Your continued use of the Site or Services following the posting of changes constitutes Your acceptance of those changes. If You do not agree to the updated Terms, You must stop using the Site and Services.
Changes to the Site or Services
We continuously seek to improve and update the Site and Services. As such, We may add, remove, or change functionalities, features, or content at any time. We may also suspend or discontinue the Site or any part of the Services without notice. Developments.ca shall not be liable to You or any third party for any modification, suspension, or discontinuation of the Site or Services, or any part thereof.
Registration and Accounts
By registering for an account on the Site or through the Services, You agree to provide complete, accurate, and up-to-date information as part of the registration process. You are responsible for maintaining and updating this information to keep it accurate. You are also responsible for keeping Your login credentials secure. You must not share or allow others to use Your account.
You must have reached the age of majority in Your province or territory of residence to register for an account. Use of or access to the Site or Services by anyone under the age of majority is prohibited.
The Services may include different access levels or roles depending on Your use or account type. We may adjust these access levels or roles at any time at Our discretion.
If You are an account administrator, “Your users” include any employee, contractor, agent, or representative using the Site or Services on Your behalf. You are solely responsible for all activity under Your account or by Your users.
You are solely responsible for any Content You or Your users upload, share, or submit through the Site or Services, and for ensuring compliance with the Terms and all Applicable Laws.
If You become aware of any unauthorized use of Your account or of the Services, You must notify Us immediately by contacting info@developments.ca.
Developments.ca reserves the right to suspend or terminate any account or user access at any time for breach of the Terms or for any other reason in Our sole discretion.
We also prohibit usernames that are misleading, offensive, or inappropriate. This includes usernames that impersonate other individuals or organizations, imply administrative privileges, contain offensive language, or appear to be designed to provoke or disrupt other Users. Usernames must not misrepresent affiliation with Developments.ca or include protected brand terms unless expressly authorized.
We also prohibit usernames that are misleading, offensive, or inappropriate. This includes usernames that impersonate other individuals or organizations, imply administrative privileges, contain offensive language, or appear to be designed to provoke or disrupt other Users. Usernames must not misrepresent affiliation with Developments.ca or include protected brand terms unless expressly authorized.
Proprietary Nature of Site and Content
All original content created by Developments.ca — including platform features, software, design elements, branding, editorial materials, and database structure — is protected by copyright and other applicable intellectual property laws and is the property of Developments.ca and/or its licensors.
You may use this original content for personal, non-commercial purposes only. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, create derivative works from, or otherwise use any portion of the Site or its Services without prior written consent from Developments.ca.
Third-Party Intellectual Property Disclaimer
Developments.ca includes logos, floor plans, renderings, brochures, and other marketing materials related to real estate projects sourced from publicly available builder and developer resources. All such materials are the intellectual property of their respective owners.
We do not claim ownership of any third-party trademarks, copyrights, or marketing content. These materials are displayed solely for informational and reference purposes, consistent with industry practice and permitted use under applicable Canadian law. If you are a copyright or trademark holder and believe your content is being used improperly, please contact us at info@developments.ca to request removal or modification.
Your Content
The Services may allow You to submit, post, or display Your Content. We do not review or verify Your Content, nor do We guarantee its accuracy. By posting Your Content, You acknowledge that You are solely responsible for it.
You agree that Your Content:
- Is accurate and not misleading;
- Does not infringe on any third party’s intellectual property, privacy, or other rights;
- Does not violate any Applicable Laws;
- Does not contain any personal or sensitive information of others without consent;
- Is free from viruses, malware, or any harmful code.
By submitting Your Content, You represent and warrant that You have all necessary rights to grant, and do hereby grant, to Developments.ca a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, display, reproduce, distribute, modify, and create derivative works of Your Content for the operation, improvement, and promotion of the Site and Services.
Developments.ca may, but is not obligated to, monitor or remove any of Your Content that violates these Terms or is otherwise objectionable. We reserve the right to edit, refuse to post, or remove Your Content for any reason.
Even after removal or deletion of Your Content, residual copies may remain in backup systems or be retained as necessary for legal or operational purposes.
Third-Party Content and Integrations
The Site and Services may contain links to, or content and services provided by, third parties ("Third-Party Content"). These are provided for Your convenience only. Developments.ca does not endorse, control, or make any representations about any Third-Party Content or websites.
You acknowledge and agree that:
- Your name, email address(es) or other information by which Buildify Third-Party Content may be inaccurate, outdated, or otherwise unreliable;
- Developments.ca is not responsible or liable for any Third-Party Content or any issues arising from Your use of it;
- Your use of any Third-Party Content is at Your own risk and subject to the terms and conditions of the applicable third party.
The Site may also offer integrations with third-party platforms, tools, or services ("Third-Party Integrations"). These are provided to enhance Your experience, but Developments.ca does not provide support for or guarantee the functionality or reliability of any Third-Party Integration.
Your use of Third-Party Integrations is solely between You and the third party. Any data exchanged with a third party is subject to their privacy and data use policies. Developments.ca disclaims all liability related to Third-Party Integrations.
If You have questions about any third-party service or integration, You should contact the third party directly.
Trademarks
You acknowledge that certain names, logos, and other materials displayed on the Site may constitute trademarks, service marks, or trade names of Developments.ca or third parties. You are not granted any license or right to use any of these marks without the express prior written permission of the owner.
All trademarks and service marks on the Site not owned by Developments.ca are the property of their respective owners. Any use of the trademarks displayed on the Site
without the written consent of Developments.ca or the third-party owner is strictly prohibited.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Developments.ca.
Software
All Software used in connection with the Site or Services is owned by Developments.ca or its licensors and is protected by copyright and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of Our Software, nor may You reverse engineer or attempt to extract the source code of that Software, unless laws prohibit those restrictions or You have Our written permission.
Contact and Electronic Messages
By using the Site or Services, You consent to receiving emails from Us related to Your account activity and use of the Services. This may include account updates, system notifications, or service announcements.
You may also receive promotional communications if You have opted in. You can opt out of these at any time by using the unsubscribe link in such emails or by contacting Us at info@developments.ca. Note that opting out may not affect transactional or administrative communications.
Your Representations and Warranties; Indemnification
You represent and warrant that:
- Your use of the Site and Services complies with Applicable Laws;
- You have the legal authority to agree to these Terms;
- Any Content You provide does not violate any third-party rights or Applicable Law.
You agree to indemnify, defend, and hold harmless Developments.ca and its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from Your use of the Site or Services, Your Content, or Your breach of these Terms.
Restrictions on Use
You agree not to:
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Services without express written permission;
- Use the Site or Services for any unlawful or unauthorized purpose;
- Interfere with or disrupt the Site, Services, servers, or networks;
- Introduce viruses, malware, or other harmful code;
- Attempt to gain unauthorized access to the Site, user accounts, or data;
- Engage in any conduct that violates any local, provincial, or federal laws.
Adding a Listing to the Site
By listing a property on Developments.ca, You agree to Our Listing Terms and confirm that all information provided is accurate, current, and lawful. You must have proper authorization to market and list any property.
Customer Support
If You require assistance, You may contact Us by email at info@developments.ca. Support may be provided via email or through any communication tools available on the Site.
Our Remedies
Any breach of the Terms may result in temporary or permanent suspension of Your access to the Site or Services. We may also seek any available legal remedies, including injunctive relief.
Warranty; Disclaimer
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DEVELOPMENTS.CA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEVELOPMENTS.CA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU (IF ANY) FOR THE USE OF THE SERVICES.
Waivers
Failure by Developments.ca to enforce any right or provision of the Terms does not constitute a waiver of that right or provision.
Miscellaneous
These Terms constitute the entire agreement between You and Developments.ca and supersede any prior agreements. If any part of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms are governed by the laws of Ontario and the federal laws of Canada applicable therein. Any disputes shall be subject to the exclusive jurisdiction of the courts in Ontario.
You may not assign these Terms without Our written consent. We may assign or transfer Our rights without restriction.
The Terms shall remain in effect until terminated. You may stop using the Site at any time. Developments.ca may suspend or terminate access to the Site or Services at any time, with or without notice, and for any reason.
If You have any questions, please contact us at info@developments.ca