MLS® Data Terms of Use
Read this before creating an account. Using the listing database on this website means you agree to be bound by these terms.
The Nova Scotia Association of REALTORS® (“NSAR”) has entered into an agreement with Akshay Bansal Limited (the “VOW”), the operator of this website (a Virtual Office Website). Under that agreement the VOW may give customers like you access to certain information from NSAR’s computerized database of real estate listings (the “Database”). The Database forms part of a co-operative selling system operated under the MLS® trade-mark. Each listing is a compilation of text, photos, images and other property information (the “Content”). NSAR owns or licenses the Content and the software the Database runs on, all of which is protected by Canadian, American and foreign intellectual property laws. As between the VOW and NSAR, NSAR keeps full title to the Content and the software.
What you confirm by using the Database
- Agreeing to these terms and using the Database does not create an agency relationship between you and the VOW or Akshay Bansal.
- You have read the Working with the Real Estate Industry form.
- You are a customer of the VOW.
- You will use the Content only for your personal, non-commercial use.
- You have a bona fide interest in the purchase, sale or lease of real estate of the type offered through this website.
Your licence and its limits
In return for your agreement, the VOW grants you a non-exclusive, personal, non-assignable, non-transferable and revocable licence to use the Database for your own personal, non-commercial purposes. The Database and the software include confidential information that you agree to keep strictly confidential and not to disclose or use for any other purpose.
You will not:
- use, copy, reproduce, redistribute, retransmit or transfer the Content other than as allowed above, or adapt, reverse engineer, decompile, disassemble, translate or modify the Database or the software, or create derivative works from them;
- remove or alter ownership, trade-mark or copyright notices embedded in or on the Content;
- use, transfer, export or re-export the Content except as permitted by the laws of the jurisdiction in which you use the Database, of Canada and of the United States;
- permit any third party to violate these terms.
You acknowledge NSAR’s ownership of, and the validity of the copyright in, the MLS® System and its Content.
Your account
Sold, expired, withdrawn and cancelled listing information is available only to registered clients. To register we need your name and a valid email address, which we verify with a one-time sign-in link. We send you an email confirming that you agreed to these terms. Each registrant’s sign-in is unique to them; do not share your sign-in links. These terms do not impose any financial obligation on you, and they do not create any representation agreement between you and the VOW.
Termination
The VOW may end this agreement automatically if you make an unauthorized transfer or use of the Content, the software or this agreement; if you fail to comply with a material provision and do not correct it within five days after notice by email or ordinary mail; or in the event of the liquidation, insolvency or bankruptcy of either party. On termination you have no further right to use the Database, the Content or the software.
Accuracy of information
The Database relies on information supplied by third parties. NEITHER THE VOW NOR NSAR OFFERS ANY WARRANTY THAT THE INFORMATION IS ERROR FREE. YOU AGREE THAT NEITHER NSAR NOR THE VOW WILL BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM ANY ERRORS OR INACCURACIES IN THE DATABASE, THE CONTENT, THE SOFTWARE, OR INFORMATION SUPPLIED BY THIRD PARTY SERVICE PROVIDERS. NSAR AND THE VOW SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY ACTIVITIES, AND NEITHER WILL BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE DATABASE.
Limited warranty and limited liability
NEITHER NSAR NOR THE VOW WARRANTS THAT YOUR USE OF THE DATABASE WILL BE ERROR FREE, VIRUS FREE OR SECURE. THE DATABASE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME LIMITATIONS MAY NOT APPLY TO YOU. YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY ARISING FROM YOUR USE OF THE DATABASE, AND YOU AGREE TO INDEMNIFY NSAR AND THE VOW FROM AND AGAINST ANY AND ALL CLAIMS MADE AGAINST EITHER OF THEM IN RELATION TO THE DATABASE AND ITS USE.
UNLESS OTHERWISE REQUIRED BY LAW, NEITHER NSAR NOR THE VOW NOR THEIR RELATED COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM THE USE OF THE DATABASE HOWEVER CAUSED, INCLUDING LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOST DATA OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF NSAR AND THE VOW SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THEM UNDER THIS AGREEMENT.
You agree that these warranties and limitations reflect the allocation of risk among the parties, and you agree to indemnify, defend and hold harmless NSAR and the VOW, their agents, servants and employees against any claim in excess of these limits, even in the event of breach of contract or negligence.
Common intent and informed consent
The common intent of everyone involved is to make listing data available as set out here. NSAR provides the data without any representation or warranty as to its accuracy, although it makes every effort to ensure it. Mistakes can and will happen, and the risk of loss from any error, however arising, is yours, except as provided above. If you are not prepared to accept these risks, do not use the Database. Your use of the Database is your acceptance of all of these terms, including the indemnity and common-intent clauses, and will be relied on as evidence that no claims will be brought and that you bind yourself, your agents, successors and assigns to indemnify NSAR and the VOW from all such claims, losses and costs, including legal and professional fees.
Privacy
How we collect, use and protect your personal information is set out in our Privacy Policy. We do not sell registrant identities to anyone.
General
This agreement is the entire agreement between you and the VOW about the use of the Database. It is governed by the laws of the Province of Nova Scotia and the laws of Canada that apply there, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. No waiver or modification is valid unless in writing and signed by the VOW. If a court finds any provision unenforceable, that provision is severed and the rest stays in force. The sections on the licence, termination, accuracy, warranties, liability, indemnification, common intent and this general section survive termination.
Questions about this agreement: Akshay Bansal Limited, c/o RE/MAX Nova, 397 Bedford Highway, Halifax, NS B3M 2L3, hello@akshaybansal.ca. Our general website terms are in the Terms of Use.
The trademarks MLS®, Multiple Listing Service® and the associated logos are owned by The Canadian Real Estate Association (CREA) and identify the quality of services provided by real estate professionals who are members of CREA. REALTOR®, REALTORS® and the REALTOR® logo are controlled by CREA and identify real estate professionals who are members of CREA.