ExactDeposit Terms of Use – REALTORS® / Brokers

ExactDeposit Inc. is a service that facilitates the ability to process/accept Deposit Payments on real-estate properties electronically. These Terms of Use (“Agreement”) applies to your use of www.exactdeposit.ca (the “Website”) and the Services (as defined herein) and is a legal contract between you and ExactDeposit Inc. (“ExactDeposit”/”we”/”us”). Any questions regarding this Agreement should be directed to support@exactdeposit.ca.

Definitions

    1. “Session” or “deposit payment session” means a deposit payment that a REALTOR® creates on the Website in order for the user to use of certain Services
    2. “Business Day” is every Monday through Friday, excluding statutory holidays in Canada.
    3. “Chargeback” means a request that a cardholder files directly with his or her credit card company or credit card issuing bank to invalidate a payment.
    4. “Claim” means a claim filed directly against ExactDeposit.
    5. “Dispute” means a dispute between a User and ExactDeposit.
    6. “Force Majeure” means circumstances beyond ExactDeposit’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.
    7. “Real-Estate Brokerage” refers to the Selected Real-Estate Brokerage where deposit funds are directed.
    8. “ExactDeposit,” “we,” “us” or “our” means ExactDeposit Inc. and its subsidiaries.
    9. “Payment Method” means a permitted payment method used to fund a transaction through the Services, including but not limited to credit or debit cards.
    10. “Personal Data” means any personally identifiable information concerning a User, including but not limited to the following: name, email address, address, phone number, and credit or debt card number.
    11. “Platform” means our infrastructure and applications that enable use of the Services.
    12. “Services” means all products and services and any other features, technologies and/or functionalities offered by us on the Website or through any other means.
    13. “Policy” or “Policies” means any Policy or other agreement between you and ExactDeposit that you entered into on the ExactDeposit website, or in connection with your use of the Services.
    14. “Deposit Payment” means the amount you are paying to the Selected Real-Estate Brokerage.
    15. “Provider” means any third party we use to provide the Services for you.
    16. “Restricted Activities” means all forbidden and restricted activities in relation to your use of the Services including those specific activities described in Section 4.1 of this Agreement.
    17. “User,” “you” or “your” means you the Real-Estate Buyer and any other person or entity using the Service.
    18. “Website” means the exactdeposit.ca website, including all subpages, successor pages, and any third party payment processing pages.
    19. “Parties” means ExactDeposit Inc. and client “Party” means either one of them.
  1. Acceptance of Terms of Use. REGISTERING FOR, ACCESSING OR USING ANY EXACTDEPOSIT SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY ADDITIONAL GUIDELINES REFERENCED IN THIS AGREEMENT (INCLUDING OUR PRIVACY POLICY). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU DO NOT HAVE PERMISSION TO USE THIS WEBSITE AND YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES AND FOLLOW THE APPLICABLE INSTRUCTIONS IN THIS AGREEMENT.
  2. Amendments. These Terms of Use may be amended by ExactDeposit at any time upon ExactDeposit posting new Terms of Use on its website and Brokerage agrees to be bound and abide immediately to any new requirements and/or regulations imposed pursuant to such modification(s). Brokerage expressly acknowledges and agrees that continued use of the ExactDeposit Service after the effective date of the new or updated Terms will be deemed as Brokerage’s acceptance of the modification(s).
  3. Privacy. Personally identifying information is subject to our Privacy Policy (exactdeposit.ca/legal/privacy-policy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
  4. Communication Preferences. By using the ExactDeposit service, you consent to receiving electronic communications from ExactDeposit relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the ExactDeposit service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with ExactDeposit. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new ExactDeposit features and content, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Policy (exactdeposit.ca/legal/privacy-policy) for further detail on our marketing communications.
  5. Membership, Billing, and Cancellation
    1. Membership (Broker). Broker membership requires integration between ExactDeposit and your your real estate brokerage trust account for the purpose of accepting deposit payments. By signing the ExactDeposit Brokerage Service Agreement, you hereby authorize ExactDeposit to act on your behalf to facilitate this integration with our upstream payment provider.
    2. Membership (Broker/REALTOR®). Your ExactDeposit membership is free of charge however we may at some point in the future offer additional services that are fee based including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you.
    3. Billing – IF APPLICABLE
      1. Recurring Billing. IF APPLICABLE, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the ExactDeposit service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month depending on the service type subscribed to.
      2. Price Changes. IF APPLICABLE, we reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following written notice to you and your acceptance of proposed changes.
      3. Billing Cycle. IF APPLICABLE, any monthly membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to our billing cycle. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given billing cycle, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your ExactDeposit membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date.
      4. No Refunds. IF APPLICABLE, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
      5. Payment Methods. IF APPLICABLE, you may edit your Payment Method information by accessing your profile on the ExactDeposit website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
    4. Cancellation. Your ExactDeposit membership can be terminated for any reason by either party with 30 days advanced written notice. You will continue to have access to the ExactDeposit service through the end of your monthly billing period. IF APPLICABLE, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, you must make your request via email by contacting ExactDeposit support at support@exactdeposit.ca. Your ExactDeposit membership will continue month-to-month until you cancel your membership or we terminate it. You must have Internet access to use the ExactDeposit service
  6. Passwords & Account Access
    1. The member who created the ExactDeposit account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the ExactDeposit account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone.
    2. BY SHARING THE EXACTDEPOSIT SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THESE USERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THOSE USERS.
    3. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the ExactDeposit website and not through a hyperlink in an email or any other electronic communication, even if it looks official. ExactDeposit reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. ExactDeposit is not obligated to credit or discount a membership for holds placed on the account by either a representative of ExactDeposit or by the automated processes of ExactDeposit.
  7. Acceptable Use
    1. Restricted Activities. In connection with your use of our Website, or the Services, or in the course of your interactions with ExactDeposit, a Real-Estate Brokerage, a REALTOR®, or a third party you will not:
      • Breach this Agreement or any other agreement or policy that you have agreed to with ExactDeposit;
      • Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
      • Infringe ExactDeposit’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
      • Act in a manner that is defamatory, trade libelous, threatening or harassing;
      • Provide false, inaccurate or misleading information;
      • Send or receive what we reasonably believe to be potentially fraudulent funds;
      • Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
      • Use an anonymizing proxy;
      • Use the Services in a manner that results in or may result in complaints, Disputes, Claims, Chargebacks, fees, fines, penalties and other liability to ExactDeposit, a third party or You;
      • Use the Services on behalf of another party without authorization from such party;
      • Supply ExactDeposit or its Real-Estate Brokerages with outdated, false, inaccurate, or incomplete information;
      • Use the Services in a manner that ExactDeposit, MasterCard®, Visa®, American Express®, or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
      • Provide yourself a cash advance from your credit card (or help others to do so);
      • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
      • Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
      • Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
      • Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
      • Take any action that may cause us to lose any of the Services from our member Real-Estate Brokerages, payment processors, or other suppliers;
      • Use the Services other than for legitimate transactional purposes (e.g. to test and probe credit card behaviors);
      • Use the Platform to operate or engage in any business regulated by the Government of Canada or any other relevant regulatory body. Such businesses include but are not limited to money service businesses or virtual currency exchanges;
      • Resell, re-skin, or otherwise distribute the Services – in part or in whole – to other individuals or businesses.
  8. Disclaimers of Warranties and Limitations on Liability
    1. THE EXACTDEPOSIT SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE EXACTDEPOSIT SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
    2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL EXACTDEPOSIT, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
    3. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
  9. Intellectual Property “exactdeposit.ca”, “exactdeposit.com”, “ExactDeposit”, and all logos related to ExactDeposit, are either trademarks or registered trademarks of ExactDeposit or its licensors. You may not copy, imitate or use them without ExactDeposit’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ExactDeposit. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the ExactDeposit website, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing, is the exclusive property of ExactDeposit and its licensors.
  10. Governing Law. With respect to Services rendered in Canada, this Agreement will be governed by, and construed in accordance with, the laws of the Province of Nova Scotia, Canada. Each party hereby waives any right to jury trial in connection with any Dispute in any way arising out of or related to this Agreement.
  11. Use of Information Submitted. ExactDeposit is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the ExactDeposit service, including the ExactDeposit website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the ExactDeposit service. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against ExactDeposit and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
  12. Third-Party WebSites. The WebSite may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.
  13. Customer Support. If you need assistance with your account, click on the ‘Customer Support’ to access support contact information. You will find the answers to many frequently asked questions by the FAQ. To find more information about our service and its features, please visit ExactDeposit.ca.
  14. Other Terms. Brokerage acknowledges by signing the Brokerage Service Agreement, Brokerage has read and agrees to be bound by these terms and conditions. Furthermore, by signing the Brokerage Service Agreement, Brokerage agrees that it has reviewed the additional third party terms below and agrees that it shall be bound by these third party terms and conditions in addition to the Brokerage Service Agreement. Such terms include: