Terms of Use

WELCOME TO HEDGINI!
PLEASE READ THIS IMPORTANT LEGAL INFORMATION THAT GOVERNS YOUR USE OF THE HEDGINI.CA WEBSITE AND THE SERVICES.
Last modified: 01/01/2020

 

Introduction

The hedgini website at www.hedgini.ca (the “Website” or “Platform”) are used to connect landlords and tenants and are owned by Hedgini Inc.
These Terms of Service provide you with information about the terms upon which we agree to provide, permit and allow you to access and use the Website. Please print a copy of these Terms of Service and refer to it as you use our Systems and Services. You agree to be bound by these Terms of Service if you continue using the Website. If you do not agree to these Terms of Service, you must immediately refrain from using the Website and the Services.

We may make changes to the Terms of Service and will notify you of these changes by changing the date “last modified” above. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SYSTEMS AND SERVICES. YOU’RE CONTINUED USE OF THE SYSTEMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND ANY CHANGES.

If you are a company these Terms of Service will still apply and must be read in conjunction with any other agreement you enter with hedgini Inc.

1. Acceptance of these Term of Service

1.1 The Website and the Service are provided to you subject to these Terms of Service (these “Terms”). By accessing the Website or using the Service, you agree that you have read, understood and agree to be bound by these Terms. For the purpose of the Terms and wherever the context so requires, the terms ‘you’ and “your” shall mean any person who uses the Website or the Service in any manner whatsoever including persons browsing the Website and its content, listing properties, posting comments or any content or responding to any advertisements, listings or content on the Website.

1.2 By accessing and/or using the Website and/or the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at hedgini’s sole discretion.

1.3 You are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with hedgini or the Service in any way, you must immediately discontinue use of the Website and the Service.

1.4 These Terms may be updated by hedgini at any time at its sole discretion. It is your responsibility to keep a copy of these Terms and check the date “last modified” at the top of this page.

2. Description of Service and Content Policy

2.1 This Section 2 has important legal consequences for you. In this section: – the legal responsibilities and liabilities of hedgini are excluded or limited; – you take on risk, responsibilities and liability; and – any rights you have against hedgini are limited or excluded. The statements made in this section constitute acknowledgements of fact by you. You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of the statements. hedgini and/or other persons may have claims and other rights against you as a result of these statements.
2.2 hedgini.ca is a platform to allow our users who comply with these Terms to list their properties on the Website. Although you may be able to conduct payment and other transactions through the Website, using third-party vendors, hedgini is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that hedgini is not a party to such transactions, has no control over any element of such transactions, and, as far as the law allows, shall have no liability towards any party in connection with such transactions. As far as the law allows, you use the Service and the Website at your sole risk and responsibility.
2.3 You understand that hedgini is not responsible for listings, ads, information, business listings/information, messages between users, including without limitation e-mails or chats or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service (“Content”), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. As far as the law allows, you are responsible for and must evaluate, and bear all risks associated with, the use of any Content. You may not rely on said Content, and under no circumstances will hedgini be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. hedgini is not obliged to pre-screen or approve any Content, but hedgini has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to hedgini’s knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites (“Third Party Websites”), which are completely unrelated to hedgini. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. As far as the law allows, hedgini makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Websites, and your linking to any other websites is, as far as the law allows, completely at your own risk and hedgini disclaims all liability thereto.
2.4 You are solely responsible for your own Content listed on, posted on, transmitted through, or linked from the Service and the consequences of listing, posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that:
(i) you own or have and shall continue to, for such time the Content is available on the Website, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize hedgini to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and
(ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Website, you hereby grant to hedgini an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and hedgini’s (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by hedgini in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to hedgini all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose which contravenes these Terms. These rights are perpetual and cannot be revoked by you and will apply and can be exercised throughout the world. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website (this license excludes automated data collection/scraping cases and any other possible use with commercial purposes). The foregoing license to each user granted by you terminates once you or hedgini remove or delete such Content from the Website.
2.5 hedgini does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and, as far as the law allows, hedgini expressly disclaims any and all liability in connection with user Content. hedgini does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and hedgini may, at its sole discretion, remove any infringing Content. hedgini reserves the right to remove any Content without prior notice. hedgini may also terminate a user’s access to the Website. Further, at its sole discretion, hedgini reserves the right to decide whether any Content is appropriate and complies with these Terms.

3. Property Listing Plans

3.1 Hedgini offers listings plans where users may pay a non-refundable fee to have their properties listed or posted on hedgini.ca Website. In order to purchase a property listing plan, you are required to click on “Buy Now” button so you may be required to transmit certain information through a third party service provider, a Third Party Website, that may be governed by its own terms of use and other policies. hedgini makes no representation or guarantee as to the safety or security of the information transmitted to any Third Party Website, and your linking to any Third Party Website is completely at your own risk, and hedgini disclaims all liability related thereto.

4. Conduct

You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:
4.1 that violates any law or regulation;
4.2 that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant hedgini all of the license rights granted herein;
4.3 that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
4.4 that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
4.5 that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4.6 that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant;
4.7 that includes personal or identifying information about another person without that person’s explicit consent;
4.8 that impersonates any person or entity, including, but not limited to, a hedgini employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
4.9 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
4.10 that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch” offer;
4.11 that constitutes or contains “pyramid schemes”, “jokes”, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “bait marketing”, “negative option marketing”, “referral selling” or unsolicited advertisements of a commercial nature;
4.12 that constitutes or contains any form of advertising or solicitation if (i) posted in areas or categories of the Website which are not designated for such purposes; or (ii) e-mailed to hedgini users who have requested not to be contacted about other services, products or commercial interests;
4.13 that includes links to commercial services or Third Party Websites, except as specifically allowed by hedgini;
4.14 that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
4.15 that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
4.16 that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
4.17 that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
4.18 contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to “stalk” or otherwise harass anyone;
4.19 make any libelous or defamatory comments or postings to or against anyone;
4.20 collect personal data about other users or entities for commercial or unlawful purposes;
4.21 use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g,. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
4.22 post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
4.23 post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
4.24 attempt to gain unauthorized access to computer systems owned or controlled by hedgini or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website;
4.25 use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of hedgini ‘s “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation; or
4.26 use any automated device or software that enables the submission of automatic postings on hedgini without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.
4.27 Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.

5. Paid Listings or Postings

5.1 hedgini may charge a fee to post Content in some specific areas of the Service (Paid Content). The fee permits Paid Content to be listed or posted in a designated area of the Website. Each party posting Paid Content to the Service is responsible for the Content and compliance with the Terms. Any such fees paid here-under are non-refundable in the event any Content is removed from the Service for violating these Terms. Additional terms regarding Paid Content will be fully stated in the applicable section(s).

6. Posting/Listing  Agents

6.1 As used herein, the term “Posting Agent” refers to a third-party agent, service or intermediary that offers to list or post Content to the Service on behalf of others. hedgini prohibits the use of Posting Agents, directly or indirectly, without the express written permission of hedgini. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from hedgini.

7. Access to the Service

7.1 hedgini grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by hedgini or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a “general purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). hedgini may limit the amount of postings displayed on or linked to your website. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from hedgini.

8. Notification of Claims of Infringements

8.1 If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to hedgini together with a request to hedgini to delete the relevant Content in good faith. The notification and the request must contain the following information:
8.1.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
8.1.2 Identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;
8.1.3 Identification of the Content (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit hedgini to locate the material;
8.1.4 Information reasonably sufficient to permit hedgini to contact you, such as an address, telephone number, and an electronic mail address;
8.1.5 A signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;
8.1.6 A signed statement that the intellectual property-owner hold hedgini harmless from any claim of any third party in connection with the removing by hedgini of the relevant content; and
8.1.7 A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications must be sent to: hello@hedgini.ca

9. Intellectual Property Rights

9.1 The materials on the Website, other than the user Content that you licensed under these Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to hedgini, and are subject to copyright and other intellectual property rights under United Arab Emirates and foreign laws and international conventions. In connection with the Services, the Website may display certain intellectual property goods belonging to third parties. Use of these goods may be subject to license granted by third parties to hedgini. You shall, in no event, reverse engineer, decompile, or disassemble such goods and nothing herein shall be construed to grant you any right in relation to such goods. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. hedgini reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. . You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.

10. User Submissions

10.1 This Section 10 has important legal consequences for you. In this section: – the legal responsibilities and liability of hedgini are limited or excluded; – the rights or remedies you may have against hedgini are limited or excluded; and – you take on risk, responsibilities and liability. You accept that various things can go wrong when using the Website and/or the Service, and/or when viewing and/or using the Content. You take on the responsibility and liability of these events happening and will have no claim against hedgini if they happen. When using the Website, you will be exposed to Content from a variety of sources, and that, as far as the law allows, hedgini is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further may be exposed to Content that is inaccurate, offensive, indecent, objectionable, defamatory or libelous and, as far as the law allows, and subject to Section 19, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against hedgini with respect thereto.

11. Indemnity

11.1 This Section 11 has important legal consequences for you. In this section: – the legal responsibilities and liability of hedgini are limited or excluded; – the rights or remedies you may have against hedgini are limited or excluded; and – you take on risk, responsibilities and liability. – you indemnify hedgini and other persons against liability and claims. As far as the law allows, and subject to Section 19, you agree to defend, indemnify and hold harmless hedgini, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential),, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your violation of any provision of these Terms; (ii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iii) any claim that your Content caused damage to a third party. As far as the law allows, and subject to Section 19, this defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.

12. No Spam Policy

12.1 This Section 12 has important legal consequences for you. In this section you take on risk, responsibilities and liability. This may result in you being punished under applicable criminal laws, and/or you becoming financially liable to hedgini and/or other persons for additional amounts. You understand and agree that sending unsolicited email advertisements or other unsolicited communications to hedgini email addresses or through hedgini computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time hedgini may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one users to another in the hedgini e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of hedgini computer systems is a violation of these Terms and certain applicable laws, in particular the Canadian Cybercrimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the Canadian Cybercrimes legislation carries significant penalties. In case you intend to solicit, or contact our users by obtaining their email or phone numbers from our Website, we may report this behavior to the relevant authorities, who then may decide to prosecute you under the relevant Canadian laws.

13. Dealings with Organizations and Individuals

13.1 This Section 13 has important legal consequences for you. In this section: – the legal responsibilities and liability of hedgini are limited or excluded; – the rights or remedies you may have against hedgini are limited or excluded; and – you take on risk, responsibilities and liability. As far as the law allows, and subject to Section 19, hedgini shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. As far as the law allows, and subject to Section 19, hedgini shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. In the event that you have a dispute with one or more other users, as far as the law allows, and subject to Section 19, you hereby release hedgini, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.

14. Limitation and Termination of Service

14.1 This Section 14 has important legal consequences for you. In this section: – the legal responsibilities and liability of hedgini are limited or excluded; – the rights or remedies you may have against hedgini are limited or excluded; and – you take on risk, responsibilities and liability. hedgini may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. As far as the law allows and subject to Section 19, hedgini has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. hedgini reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that hedgini shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that hedgini, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all. Further, as far as the law allows, and subject to Section 19, you agree that hedgini shall not be liable to you or any third-party for any termination of your access to the Website or the Services.

15. Assignment

15.1 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by hedgini without restriction. Any assignment or transfer by you shall be null and void.

16. Ability to Accept Terms of Service

16.1 This Website is intended only for adults and you warrant that you are eligible to contract as per applicable laws. If you are using/accessing this Website as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. Minors are only allowed to access the Website and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

17. General Information

17.1 These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and hedgini and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and hedgini shall be governed by the laws of the United Arab Emirates without regard to its conflict of law principles. We encourage you to contact hedgini to try and settle any claim you may have, however, if we cannot settle the dispute amicably through human negotiation, then the claim or dispute must be submitted to the exclusive jurisdiction of the courts located within the Canada. The failure of hedgini to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN A REASONABLE TIME AND IN ANY EVENT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. These Terms shall inure to the benefit of and be binding upon each party’s successors.

18. Violation of Terms and Liquidated Damages

18.1 This Section 18 has important legal consequences for you. In this section: – the legal responsibilities and liability of hedgini are limited or excluded; – the rights or remedies you may have against hedgini are limited or excluded; and – you take on risk, responsibilities and liability. This may result in you becoming financially liable to hedgini for additional amounts. The statements made in this section also constitute acknowledgements of fact by you. You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of the statements. hedgini and/or other persons may have claims and other rights against you as a result of these statements. Please report any violations of the Terms that you become aware of by contacting us using the link at the bottom of the Website’s homepage at www.hedgini.ca. Any failure to act by hedgini with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.

19. Disclaimer of Warranties

19.1 This Section 19 has important legal consequences for you. In this section: – the legal responsibilities and liability of hedgini are limited or excluded; – the rights or remedies you may have against hedgini are limited or excluded; and – you take on risk, responsibilities and liability. There are things that may go wrong when using the Website and/or the Service, including what is listed in this Section 19. hedgini is not responsible (liable) for anything that goes wrong, including what is listed in this Section 19. You use the Website and the Service knowing and accepting that these things can go wrong and that there are risks. AS FAR AS THE LAW ALLOWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HEDGINI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HEDGINI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. HEDGINI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HEDGINI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AS FAR AS THE LAW ALLOWS, AND SUBJECT TO SECTION 19, IN NO EVENT SHALL HEDGINI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HEDGINI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE, (iv) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (v) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (vi) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (vii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (viii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (ix) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (x) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE HEDGINI SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. AS FAR AS THE LAW ALLOWS, AND SUBJECT TO SECTION 19, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HEDGINI SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. HEDGINI MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

20. Limitations of Liability

20.1 IN NO EVENT SHALL HEDGINI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HEDGINI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE HEDGINI SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HEDGINI SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by hedgini from its facilities in the Canada. hedgini makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.

21. Property for Rent Categories on hedgini

If you are listing a property on this hedgini Website, your obligations are as follows:
Brokers
i. You warrant that you possess a valid license from the Real Estate Regulator, or its equivalent in Canada in which you are listing or advertising;
ii. If you are engaging in subleasing activities, you warrant that you possess the required business license for the activity and in compliance with the Canadian rules and regulations.
iii. If you are engaging in short-term or Holiday Home leasing, you warrant that you possess the required business license for the activity and in compliance with the Canadian rules and regulations.
Owners and Landlords
i. You warrant that you are the Owner/Landlord of the property, or otherwise possess valid authorization to list the property on this Website;
ii. If you are engaging in short-term or Holiday Home Leasing, you warrant that you possess the required licensing for the activity.
Tenants
i. You warrant that you possess valid, written consent from your Landlord before advertising on this Website, and that you are legally entitled to publish such advertisement.
All Advertisers
i. You may only advertise properties that are currently available for rent. It is at our discretion to remove any listings (advertising fees will not be refunded);
ii. You warrant that the listing or advertisement does not contain unlawful language or use of the premises, including:
a. defamatory, misleading or deceptive statements;
b. sharing of a property that exceeds lawful occupancy limits (including, but not limited to, bachelor accommodations and multi-family use);
c. sharing of a property between unrelated members of the opposite sex;
d. sharing of a property in any way that is deemed unlawful;
e. any other language that promotes illegal or immoral activities under the laws of the Canada.
If you are listing a property on this Website, your obligations are as follows:
i. hedgini listings or advertisements include real properties for rent. hedgini is not a real estate brokerage and the details of the properties available on this Website are provided to us by third party brokers, landlords, owners or developers.
ii. hedgini does not verify the property listing details provided to us by third parties, and makes no warranties or representations as to their accuracy or completeness.
iii. You the User of this Website must conduct your own due diligence and must not rely on the details in the listings and advertisements.
iv. hedgini does not verify the business license of all property broker companies prior to allowing them to advertise or list properties on the Website.

22. Automated data collection

22.1 As a user of the Website, you expressly agree not to use any form of automated data collection such as harvesting bots, robots, spiders, or scrapers, as well as your use of that data.
22.2 You agree not to use automated data collection methods to obtain the mobile phone numbers and email addresses of our users, and you acknowledge that you if you contact our users for the purpose of directing them to your business or website without their express permission to contact them, then you may be prosecuted under the Canadian laws.

 

 

Privacy Policy

 

Updated: Jan 01, 2020

Table of contents

1. General
2. What personal information do we collect
3. How we use your personal information
4. Marketing Purposes
5. Advertising
6. Cookies
7. Access to, review and rectification of your personal information
8. Protection and retention of your personal information
9. Other Information

 

1. General

This privacy policy describes the policy of Hedgini Inc. regarding the collection, use, storage, sharing and protection of your personal information (“Privacy Policy”). This Privacy Policy applies to the www.hedgini.ca websites ( “Hedgini” or “Website”) and all related websites, applications, services and tools where reference is made to this policy (“Services”), regardless of how you access the Services, including access through mobile devices. Hedgini Inc. is the data controller.

Scope and consent: By using Hedgini and related Services, you give explicit consent to hedgini for the collection, use, disclosure and retention of your personal information by us, as described in this Privacy Policy and our Terms of Use.

hedgini may change this Privacy Policy from time to time. We advise you to read it regularly. Substantial changes to our Privacy Policy will be announced on our Website. The amended Privacy Policy will be effective immediately after it is first posted on our Website. This Privacy Policy is effective as of January 1, 2020.

2. What personal information do we collect

You can visit our Website without registering for an account. When you decide to provide us with your personal information, you agree that such information is sent to and stored on our servers. We collect the following types of personal information:

Information we collect automatically: When you visit our Website, use our Services and or reply to ads or other content, we automatically collect the information sent to us by your computer, mobile device or other equipment that provides access. This information includes, but is not limited to:

• information from your interaction with our Website and Services, including, but not limited to, device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from www. hedgini.ca, referring URL, ad data, IP address and standard web log information; and
• information we collect through cookies, web beacons and similar technologies.

Information you provide to us: We collect and store any information you enter on our Website or that you provide to us when you use our Services. This information includes, but is not limited to:

• information that you provide to us when you register for an account or for the Services that you use;
• additional information that you may provide to us through social media sites or third party Services;
• information provided in the context of dispute resolution, correspondence through our Website or correspondence that is sent to us;
• information about your location and the location of your device, including your device’s unique identifier information if you have enabled this service on your mobile device, and
• your resume if you choose to submit it to us for consideration through our careers page

Information from other sources: We may receive or collect additional information about you from third parties and add this to our account information. This information includes, but is not limited to: demographic data, navigation data, additional contact data and additional data about you from other sources, such as public authorities, to the extent permitted by law.

3. How we use your personal information

You agree that we may use your personal information for the following purposes:

• to provide you access to our Services and Customer Support by means of e-mail or telephone;
• to prevent, detect and investigate potentially prohibited or illegal activities, fraud and security breaches and to enforce our Terms of Use;
• to personalize, measure and improve our Services, content and ads;
• to contact you, by e-mail, push notification, text message (SMS) or by telephone, to inquire about our Services for the purpose of targeted marketing activities, updates, and promotional offers based on your message preferences (where applicable), or for any other purposes as set forth in this Privacy Policy;
• to provide you with other services that you have requested, as described when we collected the information, and
• to consider you as a potential candidate if you choose to upload your resume through our careers page.

Sharing information with and registration on social media sites: We may offer sign-on Services that enable you to access the Website or related websites with your login credentials. We can also offer Services that enable you to share information with third party social media websites, such as Facebook, Google Plus and Twitter.

If you provide us access to personal information stored on third party websites, the scope of access to this personal information shall vary per website and will be determined by both your own browser settings and your consent. If you wish to connect your third party account to your hedgini account and you consent to us accessing the information in these third party accounts, you agree that we can collect, use and store information from this third party website in accordance with this Privacy Policy.

Transfer of your personal information to third parties: We may disclose your personal information to third parties in accordance with this Privacy Policy and applicable legislation and regulations. As further described under Section 4, we will not disclose your personal information to third parties for their marketing purposes without your explicit consent. We may share your personal information with:

• service providers with whom we have entered into an agreement to help us provide our Services on the website, such as financial service providers, marketing agencies and technical support. In such cases, the personal information shall remain under the control of Hedgini Inc.
• certain third parties (such as intellectual property rights holders, supervisory authorities, tax authorities, police and other regulatory authorities) if we are required to do so by law, or in accordance with our Privacy Policy. We may share your personal information:

– to comply with legal obligations or a court order; or

– if this is necessary for the prevention, detection or prosecution of criminal offenses, such as fraud, deceit or prosecution, or

– if it is necessary to maintain our policies or to protect the rights and freedoms of others.

• other third parties to whom you have given consent to share your information via hedgini, e.g. in the framework of a cooperation;
• companies that we intend to merge with in the context of a re-organisation or that acquire us;
• an intellectual property owner if the owner of an intellectual property right or an intermediary in good faith believes that an advertisement violates the rights of the owner. Before personal information is provided, the IP owner will enter into an agreement that, inter alia, stipulates that information is only provided on the strict condition that it may only be used in the context of legal proceedings and/or obtaining legal advice and/or to answer questions from the relevant advertiser

Without limitation to the foregoing, we shall moreover – in our efforts to respect your privacy and to keep the website free of malicious persons or parties – not disclose your personal information to third parties without a court order or formal request from the government in accordance with applicable law, unless we believe in good faith that such disclosure is necessary to prevent impending injury or financial damages or to report alleged illegal activities.

Information you share on www.hedgini.ca: Our Website allows users to share advertisements and other information with other users, thereby making this shared information accessible to other users. Since our Website also enables you to directly contact a buyer or seller, we recommend that you consider how you share your personal information with others. You are solely responsible for the personal information you share through our Website and therefore we cannot guarantee the privacy or security of the information shared by you with other users.

In case you visit our Website from a shared computer or a computer in an internet café, we strongly recommend that you log off after each session. If you do not want the shared computer to remember you and/or your credentials, you will need to remove cookies and/or the history of your website visits.

Your data controller may transfer data to other members of our corporate family as described in this Privacy Policy who may process and keep your personal information on servers in the European Union, United States and our data centers in other parts of the world.

4. Marketing Purposes

You agree that we may use the information collected by us to send you offers, whether personalised or not, or to contact you by telephone regarding products or Services offered by hedgini.

We will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our Services and functionalities.

When you no longer wish to receive marketing communications from us, you can, follow the unsubscribe link in the marketing communication you received.

5. Advertising

If you do not wish to participate in our advertising personalization using your identified personal information or re-targeting/tracking programs, you can opt-out by following the directions provided within the applicable advertisement.  The effect of an opt-out will be to stop personalized advertising, but it will still allow the collection of information for certain purposes such as usage, research, analytics and internal online services operation purposes). You may still see non-personalized advertisements, including ads based on general geographic region. In addition to that, we do not allow third parties to track or collect your personal information on our sites for their own advertising purposes without your explicit consent.

6. Cookies

When you use our Services, we and our service providers may place cookies (data files on your phone or mobile device’s drive) or web beacons (electronic images that are placed in a web page’s code) or similar technologies. We use cookies to help us identify you as a user, to provide you a better experience on our Website, to measure promotional effectiveness and to ensure trust and safety on our Website.

7.  Accessing, Reviewing and Changing Your Personal Information

We cannot modify your personal information or account information. You can modify your own information by logging into your hedgini account. When you place a property listing or ad, you may not be able to change your listing or delete your message. If you want to close your account (where applicable) with us, please send us a request to us at hello@hedgini.ca

We will process your request within a reasonable period of time and process your personal information in accordance with applicable law. Alternatively, you can also contact us at hello@hedgini.ca to access your personal information stored by us that is not directly accessible on hedgini, unless we are not required to provide access under applicable law. We may charge a fee to compensate costs; however the fee shall not exceed the amount permitted by law. If your information is factually incorrect or incomplete or irrelevant for the purposes for which we process your information, you can request us to modify or delete your information. Such requests will be handled in accordance with applicable law. If you have any questions, please contact us with the subject line ‘Request Privacy Policy’ at hello@hedgini.ca

8. Protection and retention of your personal information

We protect your information by using technical and administrative security measures (such as firewalls, data encryption, and physical and administrative access controls to the data and servers) that limit the risk of loss, abuse, unauthorised access, disclosure, and alteration. Nevertheless, if you believe your account has been abused, please contact us at hello@hedgini.ca

We retain personal information no longer than is legally permissible and delete personal information when it is no longer necessary for the purposes as described above.

9. Other information

Abuse and unsolicited commercial communications (“spam”): We do not tolerate abuse of our Website. You do not have permission to add other hedgini users to your mailing list (e-mail or postal) for commercial purposes, even if a user has purchased something from you, unless the user has given his explicit consent. If you notice that someone is abusing our Website (spam or spoof emails), please notify us at hello@hedgini.ca

It is not allowed to use our member-to-member communication resources to send spam or content that violates our Terms of Use in any other way. For your security, we may scan messages automatically and check for spam, viruses, phishing and other malicious activity or illegal or prohibited content. We do not permanently store messages sent through these resources.

Third Parties: Unless explicitly provided otherwise in this Privacy Policy, this Privacy Policy applies only to the use and transfer of information we collect from you. hedgini has no control over the privacy policies of third parties that may apply to you. When we work with third parties or use third party tools to provide certain services, we will explicitly indicate which privacy policy applies to you. We therefore encourage you to ask questions before you disclose your personal information to others.

Contact: If you have any questions about hedgini and our Website please contact us at hello@hedgini.ca

 

Disclaimer

1. Disclaimer of Warranties

1.1 This Section 1 has important legal consequences for you.

In this section:

• The legal responsibilities and liability of hedgini Inc. are limited or excluded;
• The rights or remedies you may have against hedgini Inc. are limited or excluded; and
• You take on risk, responsibilities and liability.

There are things that may go wrong when using the Website and/or the Service, including what is listed in this Section 1. hedgini is not responsible (liable) for anything that goes wrong, including what is listed in this Section 1. You use the Website and the Service knowing and accepting that these things can go wrong and that there are risks. as far as the law allows, you expressly acknowledge and agree that use of the website and the service is entirely at your own risk and that the website and the service are provided on an “as is” or “as available” basis, without any warranties of any kind. all express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. to the fullest extent permitted by law, hedgini, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. hedgini makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any third party websites linked to the website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii)personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service. hedgini does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and hedgini will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. as far as the law allows, and subject to section 1, in no event shall hedgini, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if hedgini has been advised of the possibility of such damages), resulting from any aspect of your use of the website or the service, including without limitation whether the damages arise from use or misuse of the website or the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the website or the service, (iv) errors, mistakes, or inaccuracies of content, (v) personal injury or property damage resulting from your access to and use of the website and service, (vi) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (vii) any interruption or cessation of transmission to or from the website, (viii) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, (ix) any errors or omissions in any content, (x) any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service. such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the website or the service or any links on the website, as well as by reason of any information, opinions or advice received through or advertised in connection with the website or the service or any links on the hedgini site. these limitations shall apply to the fullest extent permitted by law. as far as the law allows, and subject to section 1, you specifically acknowledge and agree that hedgini shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. hedgini makes no representations or warranties that the website is appropriate for use in other locations. those who access or use the website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.

2. Limitations of Liability

2.1 IN NO EVENT SHALL HEDGINI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HEDGINI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE HEDGINI SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HEDGINI SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by hedgini from its facilities in the Canada. hedgini makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.

2.2 The results generated by our Tenant willingness assessment are for information purposes only and are not binding and must not be construed as a recommendation.

Hedgini Inc. does not accept any responsibility for the accuracy and you are yourself responsible for interpreting the results of the assessment.

Hedgini does not furnish advisory services with this Tenant willingness assessment or any other services and any actions taken based on the assessment results remain your sole responsibility.

Any liability on the part of Hedgini for damages resulting from the use of the assessment is entirely excluded.