Sale & Purchase Agreement

Acceptance of the Sale & Purchase Agreement

When you have made your decision to enter into this contract by paying the fee for our service or by signing up for membership/subscription, you as our esteemed buyer or client hereby declare that you have read, understood and accepted the terms of this contract, henceforth referred to as "Agreement", with the rights, obligations and limitations contained therein, whether related to you as buyer/client or us as seller/provider or entities who are not participants of the Agreement known as third parties.

The terms in this Agreement describe your as well as our rights and commitments. They also govern our refund and warranty policies as well as our limitation of liability.

You must accept the terms of the Agreement as a condition for XpressHAND to execute your order for its service or to realize your membership or subscription.

Our contact

In case of any question about the Agreement, you are always welcome to contact us here or through our mailing address published in this Agreement.

Parties involved

"Buyer" is you, the purchaser or client of our service or membership. "Buyer" may also mean a recipient of a service sold, where the service is ordered and paid for by someone other than the recipient. A recipient shall have the same rights and obligations as Buyer. A client may mean a member of our marketing organizations or a subscriber to our newsletter.

"Seller" is we, the website, the owner of this website or XpressHAND.

"Third Party or Parties" are individuals or entities who are not "Buyer" nor "Seller", but who are indirectly involved in this Agreement, e.g. a landlord, a tenant, a subletor, a property manager, a supplier, a provider, an advertiser, an affiliate or a joint venture partner.

Legal status of Buyer

Buyer assures Seller that he is of legal age to enter into contractual agreement in the province or country where he is present when he makes this purchase and is the true and authorized owner of the credit card used to make this purchase, and therefore Seller shall not be held responsible in any way for any breach of the law about Buyer's age.

Services or membership offered

Seller offers services and membership---housing service, advertising service, classified ads and newsletter subscription. Although efforts have been made to include all terms of the services in this Agreement, other specific terms may still be found on the respective pages of the services concerned, and Seller hereby declares that such specific terms shall be an integral part of this Agreement and Buyer shall also understand and accept them as such. Presentation about Seller's products, services or membership found in Seller's promotional materials, newsletters or email shall be a part of this description and together with the description found in this Agreement and on the above-mentioned respective pages shall constitute a complete description of Seller's products, services or membership. Seller offers products, services and membership and the word product in this Agreement may mean all elements offered in the sale, whether digital or dimensional, tangible or not tangible, a service or a membership, a licence or a right. With the exception of subletting his apartment secured through us, Buyer/Client understands and agrees that he has no right to duplicate, distribute or sell the product or service in any form whether for profit or not to any person for any reason.

Terms of sale & purchase as well as refund policies

Housing service

General: Buyer must have a clear and definite idea of his housing need (Housing Inquiry Form) and must not change this description after Seller has contacted the landlords or after Seller has sent him the contact addresses of the vacancies (options) for him to follow up with the landlords directly. Also, choice vacancies (options) cannot last being open long and so Buyer must quickly contact the landlords (or subletors) after he has received the contact information from Seller, otherwise he would forfeit his fee.

FirstXpress Package process: A prospective client fills in Seller's Housing Inquiry Form to ensure that what he is looking for is available. Seller will let him know the result. If it is available, he pays a fee of CA$75 to Seller and thereby becomes the Buyer, who shall have access to Seller's property database to pick out 5 rental properties that seem to match his need. Buyer has maximum fifteen (15) days of access to the database and to inform his choice to Seller. Beyond this period of time, the access terminates. Buyer informs Seller of these 5 rental properties that he has chosen and Seller shall check their availability with the landlords. Seller shall reply to Buyer with the complete (contact) addresses of the available locations, so that Buyer may proceed to deal with the landlords directly to eventually secure a place of his choice. Buyer shall have maximum 3 x 24 hours from the time of despatch of Seller's notice to him about the addresses of the available locations to request for new options to Seller in case he fails to secure an apartment or home because his former chosen locations are no longer available (have been rented out) and not because of any other reason. Beyond this time limit, Buyer shall have forfeited the fee.
FirstXpress Package refund policy: If all 5 vacancies turn out to be unsuitable for Buyer on reasonable grounds after he has checked or looked them up, within the refund period of 3 x 24 hours Buyer may ask for a refund and Seller shall refund him 30% of CAS$75, while seventy percent (70%) of CA$75 shall not be refundable and Buyer shall regard and accept that refund as the full and final and not a partial refund made to him by Seller and as the complete liability Seller has to Buyer. As an alternative to the refund, Buyer may proceed to use the CombiXpress Package by paying the balance of CA$210 to Seller. If Buyer does not contact Seller during the refund period, Seller may regard his silence as full and complete acceptance of the service with no further right of redress or refund for any reason due to Buyer. Buyer agrees that all rights to view our property database terminate when refund has been made.
ComboXpress Package process: A prospective client fills in Seller's Housing Inquiry Form to ensure that what he is looking for is available. Seller will let him know the result. If it is available, he pays a fee of CA$285 to Seller and thereby becomes the Buyer, who shall have access to Seller's property database to pick out 5 rental properties that seem to match his need. Buyer has maximum twenty one (21) days of access to the database. Beyond this period of time, the access terminates. At the same time, Seller shall conduct his own search and add 5 more rental properties to Buyer's list and thus Seller shall inform Buyer the contact information of Buyer's choice plus that of Seller's for Buyer to follow up with the landlords directly to eventually secure a place of his liking. Buyer shall have maximum 3 x 24 hours from the time of despatch of Seller's notice to him about the addresses of the vacancies to request for new options to Seller in the remote case that he fails to secure an apartment or home because the former locations are no longer available (have been rented out) and not because of any other reason. Beyond this time limit, Buyer shall have forfeited the fee.
ComboXpress Package refund policy: In the very remote case that all 10 vacancies turn out to be unsuitable for Buyer on reasonable grounds after he has checked or looked them up, within the refund period of 3 x 24 hours Buyer may ask for a refund and Seller shall refund him 30% of CAS$285, while seventy percent (70%) of CA$285 shall not be refundable and Buyer shall regard and accept that refund as the full and final and not a partial refund made to him by Seller and as the complete liability Seller has to Buyer. As an alternative to the refund, Buyer may request Seller to offer him five (5) new vacancies (options), which shall be Seller's final liability to Buyer for the fee. If Buyer does not contact Seller during the refund period, Seller may regard his silence as full and complete acceptance of the service with no further right of redress or refund for any reason due to Buyer. Buyer agrees that all rights to view our property database terminate when refund has been made.
Free classified advertising. As an additional service to our housing clients, Buyer may post a classified advertisement on our site for free to sell/get rid of his dispensable item(s) in our efforts to ease his relocation. Buyer should read our advertising service terms and our disclaimer below. An advertisement (ad) posted on our website shall solely be the responsibility of the poster and XpressHAND shall by no means be held accountable for its contents or liable for the consequences arising out of its posting or for any loss sustained by the buyer or seller or any party involved through the ad. XpressHAND does not warrant the accuracy and reliability of the ads posted by its customers. All ads posted must comply with applicable laws and regulations and shall not be used for fraudulent activity or purpose. Ads must not contain viruses, worms or other corrupting agents that may disrupt or interfere with our system. Although XpressHAND has no obligation to examine ads posted on this website, XpressHAND has the right to reject any ad for any reason. Buyer also accepts and agrees to the Terms and Conditons of our Classified Ad service.

Credit card payment fraud

Any Buyer who violates the use of a credit card payment for fraudulent purpose shall be liable for civil or criminal prosecution. Said Buyer understands and agrees that all information gathered by Seller may be used for prosecution, passed to law-enforcement authorities or to merchant service providers or credit card companies. An authorized credit card holder attempting to commit fraud on Seller hereby empowers all credit card companies or merchant service providers to reveal to Seller all information that could be interpreted as proof of credit card deceit. Any Buyer who cheats or uses trickery to get more than one refund or who creates a false dispute claim that results in a chargeback against Seller's account hereby authorizes Seller to re-charge Buyer's credit card that was previously used for the purchase in the amount equivalent to what Seller has lost plus other fees.

Buyer's rights and obligations

Buyer agrees to have his data, personal information, address and telephone number be kept in Seller's file and database and be used by Seller to contact him for follow-up and post-sale activities. Buyer agrees to permit Seller to collect, store and use for sales activities information from or provided by electronic means from Buyer.
Buyer understands that cookies are placed on his computer, which will furnish information to Seller and communicate with Seller's computer to transmit and receive information.
Buyer agrees that Seller may publish for commercial purposes the full or partial content of any and all communication with Buyer at Seller's sole discretion.
Buyer, however, shall have the full right at any time to notify Seller to stop soliciting him and/or to remove his name from Seller's file and database.
Buyer assumes full responsibility for limiting or terminating contacts by any party including Seller. Seller, however, retains the right to contact Buyer regarding information related to the product sold and for legal purposes.
In the case of a membership cancellation, Client must send a notice to the address or emailaddress found in this Sale & Purchase Agreement.
If Client signs up for a membership on this site, the terms of membership as specified in the solicitation materials take precedence.
When Buyer makes a purchase or Client signs up for a membership on this site for a service provided by a third party, Buyer or Client must look to the third party for additional warranties and Buyer or Client accepts and understands that the warranties available through this site, if any are offered or construed, are extremely limited and short.
Buyer agrees that Seller undertakes no responsibility for communication made to Buyer by parties unrelated to this purchase although referred to by Seller. Buyer accepts full responsibility for limiting contacts and Buyer understands that he retains all rights to directly restrict communication or solicitation from any party including Seller.

Limitation of liability and disclaimer

Although Seller has taken proper caution to get the most information about the landlord (or subletor), his property and the neighbourhood, Seller shall by no means be liable for any claim, loss and/or damage of any nature arising out of Buyer's dealing with the landlord (or subletor) or of renting or leasing his property or of the environment where the property is located.
Buyer also understands and agrees that Seller shall not be responsible for any property damage or harm to his person or for loss or damage of any kind related to the landlord's rules and regulations, rental property regulations or the Fair Housing Act and Buyer fully understands and agrees that Seller is a separate entity than the landlord or rental property agent. Any complaint with regard to the above should be directed to the appropriate party and not XpressHAND.
Although Seller has done his best to secure nice apartments/housing for offer, Buyer understands and accepts that taste differs from one person to another and Seller shall not be liable for claim and loss resulting from this difference in taste.
Buyer agrees and accepts that Seller disclaims any liability for any information stated in Seller's promotional materials that is unintentionally misleading or incorrect that might cause harm or damage to him or a third party or parties, including any harm and damage caused to Buyer's computer or service or to third party's computer or service by viruses, worms or other corrupting agents.
Buyer understands and agrees that Seller shall not be liable for any solicitations made to Buyer by other third parties, although referred to by Seller.

Seller disclaims liability for Buyer's interactions with advertisers or other visitors or members of the site.

Buyer agrees and accepts that Seller disclaims liability for all unforeseen or consequential harm or damage or loss of any nature to him or others, including that associated with taxes and regulations applicable to this product or service as well as all legal compliance issues that may result directly or indirectly from the purchase or use of Seller's product or service.

Buyer agrees and accepts that the maximum extent of the Seller's total liability shall in no case amount to greater than the fee amount of the service.

Buyer undertakes full responsibility for allowing others to use this service or product. Seller disclaims any liability as a result of Buyer's recommendations or leads to third parties concerning this service or product.

Buyer agrees that Seller disclaims liability for all misinformation contained on this website that causes damage directly or indirectly to Buyer as a result of using Seller's service or product.

If Buyer or Client purchases a membership or product plan that claims to yield specific benefits or results, Buyer or Client has a right to terminate the membership or plan with a notice to Seller. In this case, the promotional materials describing the membership or plan as well as the remedy for dissatisfaction shall be controlling.

Where this disclaimer and claims made in sales and promotional materials are in conflict, the Sale & Purchase Agreement shall be controlling

Buyer/Client accepts that no warranties are made whatsoever about merchantability or fitness for any particular purpose or non-infringement of proprietary rights. The service and/or the product are sold "as is" without warranty or guarantee of any kind, either express or implied. Seller warrants and guarantees absolutely nothing. There is no "warranty period". There is only our refund period.

XpressHAND in any way is not liable for direct, indirect, incidental, special, consequential or exemplary damages (even if XpressHAND has been advised of the possibility of such damages), resulting from any aspect of your use of XpressHAND site or its service or product, whether the damages arise from use or misuse of XpressHAND site or service or product, from inability to use XpressHAND site or service or product, or the interruption, suspension, modification, alteration or termination of XpressHAND site or service or product. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with XpressHAND site or service or product or any links on XpressHAND site, as well as by reason of any information or advice received through or advertised in connection with XpressHAND site or service or product.

Buyer understands that some states in USA do not allow limitation of liability.

Indemnification

Buyer undertakes to indemnify Seller for any and all damage that Buyer causes by using the product or information contained on this website that results in a damage award against the Seller.

California OPPA of 2003

You are entering into a contract that may modify, restrict or eliminate rights you may have under the California Online Privacy Protection Act (OPPA) of 2003. Under our Privacy Policy and this Sale & Purchase Agreement, you waive any right to force this business or website to divulge when or to whom your information may have been provided to third parties. The required identifying information may include credit card information, social security numbers, notarised copies of state issued id or other id, in the event we elect to divulge it at all. Additionally, under this Agreement you agree to use the Arbitration and Mediation Institute of Canada (AMIC) exclusively in any claim arising from the Terms of Use, Privacy Policy or Sale & Purchase Agreement, and not the courts of the state of California. You also agree that any cause of action is presumed to have arisen in the city and province of this business or website and not in the state of California, unless the website is located there, and not in the jurisdiction where the customer resides.

Seller's Privacy Policy and Terms of Use

The Buyer accepts and agrees to the Seller's Privacy Policy and Terms of Use as posted on the Seller's website.

Dispute resolution

Arbitration Users, visitors, buyers, customers, clients, members and subscribers of the website accept and agree to use binding arbitration for any claim, any dispute or contention of any nature (in contract, tort or otherwise) that arises out of the purchase of the website's product or service or of users' interaction on or with the website.

When there is a dispute, the user, visitor, buyer, customer, client, member or subscriber of the website accepts and agrees to use arbitration, which shall be conducted in compliance with the rules of the Arbitration and Mediation Institute of Canada (AMIC) which are in effect on the date a dispute is submitted to the Arbitration and Mediation Institute of Canada. Information about the Arbitration and Mediation Institute of Canada in Ontario (AMIO), located in Toronto, its rules and its forms are available by contacting them at 416-487-4447. Hearing will take place in Kitchener, Ontario, Canada.

Users, buyers, customers, clients, members and subscribers of the website accept and agree that they have no right to go to court. Likewise, they disclaim their right to engage in pre-trial discovery except as provided in the rules and they will not have the right to join as a representative or member of any class of claimants related to any claim subject to arbitration. The arbitrator’s decision will be final and binding with limited rights of appeal.

The party who has lost the case shall bear all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees as well as travel expenses, of the prevailing party.

Governing law

This Sale and Purchase Agreement shall be governed by the laws of the Province of Ontario, Canada.

Notice

Buyer agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination and Modification of service or product at the email address provided to Seller on the ordering page. Buyer agrees that the right to contact Buyer concerning legal notice shall not be terminated by previously submitted "unsubscribed" notices and specifically agrees that any notification to cease contact shall not be binding upon Seller in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website or Modification of the terms of service or product. Buyer grants Seller irrevocable right to contact him via mail or telephone concerning any of these issues irrespective of other rights Buyer has to sever contact with Seller.

Modification of Sale & Purchase Agreement

This Sale & Purchase Agreement cannot be modified in any manner between Seller and Buyer unless modifications are made in writing signed by both parties. However, Seller has the right to modify this Sale & Purchase Agreement at any time for other buyers without notice to the present Buyer.

Enforceability of provisions

In case some provisions and terms of the Sale & Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Buyer and Seller agree that if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.

Relinquishment

Seller's relinquishment of or failure to enforce any term of this Agreement shall not be interpreted as a modification or amendment of the Agreement or constitute a waiver of other breaches.

Copyright and trademarks

Any commercial use of our listings or data in whole or in part, directly or indirectly, is expressly forbidden except with the prior written approval of the owner of this website. Property database or listings and/or data may not be modified or altered in any way, merged with other data or published in any form, in whole or in part. The prohibited uses include "screen scraping", database scrapping and any other activity intended to collect, store, reorganize, or manipulate or publish data found on the pages produced by or displayed on the XpressHAND’s website.

Although XpressHAND does not claim ownership of content that its users post, by posting content on any public area of our service, you automatically grant, and you represent and warrant that you have the right to grant, to XpressHAND an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display and distribute said content and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize sublicences (through multiple tiers) of the foregoing. Furthermore, by posting content on any public area of our service, you automatically grant XpressHAND all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on the service by any party for any purpose.

Framing

You or third parties may not under any circumstances use technology to display the content of XpressHAND’s website in a frame or in any manner that is different from how it would appear if a user typed our URL in the browser line.

Final acceptance

Completion of this form and clicking the submit button below mean that you have read, understood and expressly accepted our Sale & Purchase Agreement, Terms of Use and Privacy Policy and warrant to Seller that said affirmative digital acceptance shall be deemed to be the same as if you had affixed your signature to this Purchase Agreement contract.

Last modified. This Sale and Purchase Agreement was last updated on: September 25, 2008