Welcome to Clova! These Terms of Use (the “Terms”) form a legally binding agreement between you (the “User”) and Clova Inc. (“Clova,” “we,” “our,” “us”). By accessing, browsing, using, or registering for services on www.Clova.ca (the “Website”), you agree to be bound by these Terms. If you do not agree to these Terms, you must not use Clova.

1. DEFINITIONS

1.1 “Clova” refers to the Website, including any tools, features, services, content, or functionality provided by Clova Inc.
1.2 “Offerings” means any service, product, information, or benefit provided by Clova, including real estate-related incentives, affiliate services, and other programs.
1.3 “User Data” means any information, content, documents, or materials provided by Users to Clova, including Personal Information.
1.4 “Affiliate” refers to real estate agents or industry professionals who partner with Clova.
1.5 “Personal Information” has the meaning ascribed to it under applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA).

2. ELIGIBILITY

2.1 General Requirements:
To use Clova’s services, you must:

• Be at least 18 years old (or the legal age of majority in your jurisdiction);

• Have the legal capacity to enter into binding agreements;

• Provide accurate and complete information when registering or applying for any services;

• Not have been previously banned from using Clova.

2.2 Real Estate Incentive Eligibility:
Users applying for Clova’s real estate-related programs must:

• Be purchasing a property through an approved Clova-affiliated realtor;

• Be a buyer of a residential property in Ontario and meet specific program requirements outlined in the program details;

• Agree to provide any necessary documentation, including proof of home purchase and financing approval;

• Consent to verification of eligibility by Clova or its representatives.

To remain enrolled in the program, users must continue to abide program requirements and rules set out in Clova’s contract upon acceptance into the program. Clova reserves the right to deny participation in any program if eligibility criteria are not met.

3. CHANGES TO TERMS AND SERVICES

3.1 Modifications to Terms:
Clova reserves the right to update or modify these Terms at any time. Users will be notified of changes via email or a notice on the Website. Continued use of Clova after changes take effect constitutes acceptance of the updated Terms.

3.2 Service Changes:
We may modify, suspend, or discontinue any Offerings without prior notice. Clova is not liable for any loss incurred due to service changes.

4. USER DATA & PRIVACY

4.1 Data Collection and Use:
By using Clova, you consent to the collection, use, and storage of your User Data as described in our Privacy Policy.

4.2 License to Use Data:
Users grant Clova and its affiliates a non-exclusive, royalty-free, transferable license to use User Data for service improvement, compliance, and business purposes. Aggregated, non-personally identifiable data may be used for analytics.

4.3 Security:
Clova employs industry-standard security measures but does not guarantee absolute protection against unauthorized access. Users are responsible for safeguarding their account credentials.

5. AFFILIATE LIABILITY

Affiliate Liability All affiliate real estate agents and other industry affiliates associated with Clova are solely responsible for their own compliance with applicable legislation, regulations, and industry standards. They must adhere to the rules and ethical guidelines established by the Real Estate Council of Ontario (RECO), which enforces the Real Estate and Business Brokers Act (REBBA). This includes compliance with advertising standards, disclosure obligations, handling of trust accounts, and other duties imposed by REBBA. Affiliates must also abide by federal and provincial laws such as the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and privacy legislation like the Personal Information Protection and Electronic Documents Act (PIPEDA).

Clova explicitly disclaims any liability for the conduct, non-compliance, or negligence of affiliated agents or other industry professionals and does not oversee their day-to-day activities or transactions. Clients agree to work with the affiliate agent assigned to them by Clova. It is the client’s responsibility to conduct the necessary due diligence and make the final decision on whether to proceed with the assigned agent. Clients who are dissatisfied with their assigned agent may request a new agent by submitting a “Change of Realtor Affiliate” form to the contact information provided below. Upon review, if Clova finds the reasoning acceptable, Clova may assign a new agent or offer the client the option to withdraw from the program entirely.

6. USER OBLIGATIONS

6.1 Prohibited Conduct:
Users agree not to:

• Provide false or misleading information;

• Use Clova for unlawful or fraudulent activities;

• Violate intellectual property rights;

• Attempt to interfere with Clova’s systems or security.

6.2 Account Responsibilities:
Users are responsible for maintaining the confidentiality of their account information and must promptly notify Clova of any unauthorized access.  

7. DISCLAIMERS & LIABILITY LIMITATIONS

7.1 No Warranties: Clova provides services on an “as-is” and “as-available” basis. We do not guarantee uninterrupted or error-free operation.

7.2 Liability Limitation: To the maximum extent permitted by law, Clova shall not be liable for:

• Any indirect, incidental, or consequential damages;

• Loss of data, profits, or business opportunities;

• Errors or omissions in the information provided.

Clova is not responsible for any disputes between Users and Affiliates, including issues related to real estate transactions, commissions, contract breaches, or service dissatisfaction. Users acknowledge that all real estate transactions are conducted independently with the assigned Affiliate, and Clova has no control over contractual obligations between the parties.

7.3 Indemnification: Users agree to indemnify and hold Clova harmless from claims, losses, damages, or liabilities arising from:

• Breach of these Terms;

• Use or misuse of Clova;

• Violations of applicable laws;

• Disputes arising from real estate transactions with Affiliates.

7.4 Force Majeure: Clova shall not be held liable for any failure or delay in performance due to circumstances beyond our control, including but not limited to acts of God, natural disasters, government actions, pandemics, or economic conditions affecting the real estate market.

8. TERMINATION

Clova reserves the right to terminate or suspend User access at any time, with or without cause. Reasons may include violations of these Terms, fraudulent activity, failure to continue to meet eligibility criteria, obey all conditions set in program contract or misuse of services. Users may terminate their account by contacting support. 

9. GOVERNING LAW & DISPUTE RESOLUTION

9.1 Governing Law:
These Terms shall be governed by the laws of Ontario, Canada, without regard to conflict of law principles.

9.2 Dispute Resolution:
Any disputes shall first be attempted to be resolved through negotiation. If unresolved, disputes shall be subject to binding arbitration in Ontario.

10. CONTACT INFORMATION

For inquiries regarding these Terms, please contact:
Email: info@Clova.ca

By using Clova, you acknowledge that you have read, understood, and agree to these Terms of Use. If you do not agree, you must discontinue use immediately.