Terms of Service

The website www.turnkeyassist.com (the “Site), the TurnKey Assist Mobile Application (the “App”), services intended for Real Estate Agents (“Subscribers”), and services intended for the client’s of Real Estate Agents (“Users”) offered on the Site and App (collectively, the “Services”) are owned and operated by Clutch Business Solutions Ltd. (“us”, “we” or “our” or “Clutch Business Solutions Ltd.”). These Services are provided for use only by subscribed Real Estate Agents and their Clients (collectively “You” or “Your”) and are subject to Your acceptance of, and compliance with the following Terms & Conditions (“Terms”).

Please read these Terms carefully before using our Services.

1. Acceptance of Terms

These Terms, and the Privacy Policy constitute the entire agreement between us and You. By clicking the box “I Agree to the Terms” You acknowledge that You have read, accepted and agreed to these Terms. If You do not agree to these Terms, You will not be able to use our Services.

We reserve the right to change these Terms from time to time without prior notice. Your continued access or use of the Services after such changes take place indicates Your acceptance of the Terms as modified. It is Your responsibility to review these Terms regularly.

If You do not agree with one or more of these Terms, do not access or use this Site and/or App or the Services.

2. Description of Services

The Service is aimed at providing an advertising platform to the Real Estate community while simultaneously creating a safe and effective environment for home buyers to store and reference important information pertaining to their purchase and property. In exchange for a subscription fee, Subscribers may brand their account and advertise for their real estate business through our Services.

NOTE THAT OUR SERVICES ARE NOT INTENDED TO SOLICIT ANY BUYERS OR SELLERS CURRENTLY UNDER CONTRACT.

Subscription to the our Service does not entitle Subscribers to any physical products or examples that may have been used to display the product during demonstrations.

Once registered and subscribed, the Subscriber may also offer their clients (“Users”) access to the Services through a User Page, free of charge (“Subscriber Services”). The User may then use the platform to upload and store information and documentation pertaining to their property. Our Services provide a platform on which Users can store material, data, pertinent documents, photographs and any other information related to their purchase or property, its history and its ongoing maintenance and improvements securely and in one convenient place (“User Services”). The Subscriber through whom the User is registered will have access to their Users’ names, e-mail addresses, property addresses, neighborhoods and mobile phone numbers. For more information about how that information is collected and used please visit our Privacy Policy .

3. Eligibility, Subscription & Registration Obligations

The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, You are representing to us that you are at least 18 years old.

  • Eligibility, and Subscription Obligations

    To register for Subscriber Services You must be a licensed realtor. We are not required to verify the actual identity, authority or credentials of a Subscriber. However, we may, at our discretion, at any time, require verification of the Subscriber’s identity and credentials. If we are not satisfied with the verification we may immediately cancel the Subscriber’s account (“Agent Account”).

    Subscribers may only use our Services on a subscription basis. Subscription details and costs are available upon sign up. To use the Subscriber Services the Subscriber must first complete the subscription process to create an Agent Account. This includes creating an account, completing the billing profile, selecting a subscription package, and paying for access to the Subscriber Services. Once this process is complete the Subscriber will have access to their Agent Account. The Subscriber then receives a unique and customized activation code to distribute to their clients who are the Users.

    Subscribers may not, under any circumstance, publically advertise their activation code for their Agent Accounts. Specifically, Subscribers may not advertise this information in public spaces including, but not limited to, advertisement in bus shelters, or on billboards of any kind. Subscribers may only share access to User Pages / the Services by providing an activation code directly to a client in the normal course of their Agent / Client relationship.

    The Subscriber may not use our Services without first establishing a subscription and paying all relevant subscription fees. The Subscriber agrees that it will not sell, rent, lease or charge any User in any way for the use of the User Services, access to User Pages, this Site or App at any given time.

  • User Eligibility, and Registration Obligations

    To access our Services You must be a client of a real estate agent who is a registered Subscriber. Users will only have access to our Services through a Subscriber.

    The agent who is a Subscriber will provide their client who is a User with an activation code with which to register for access to the platform where the User can post and save information about the User’s property (“User Page”) .

  • Additional Eligibility, and Registration Obligations

    During the subscription and registration process You must provide true, accurate, and complete information. You must maintain and promptly update any information provided to us to keep it current, accurate and complete. We reserve the right to reject any registration. If You provide any information that is untrue, inaccurate, not current or complete, Clutch Business Solutions Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate Agent Accounts or User Pages and refuse any and all current or future use of our Services.

    If a Subscribers subscription and corresponding Agent Account is terminated for this reason then all User Pages associated with the terminated Subscriber and Agent’s Account will be automatically assigned to another Subscriber whose Agent Account is in good standing. Users and Subscribers of our Services understand that in the event that a subscription and corresponding Agent Account is canceled the User and their User Page will then operate under a Subscriber and Agent Account with whom they have no pre-existing Agent/Client relationship and that the Subscriber to whom they have been assigned may have access to their personal information.

    Login information and password that You create for access to our Services are personal to You. You must keep that information secure and confidential at all times. You agree not to disclose it to any third party. You agree that You are solely responsible for use of our Services by any person using Your login information and password. You will be held liable for any and all direct or indirect damages for all activity conducted on the Services that can be linked or traced back to Your login and password. You further fully indemnify us against any claims resulting out of Your failure to maintain the confidentiality of Your login information and password. Be sure to record Your login information and password in a secure place.

    Under these Terms You have an obligation to report stolen login information and passwords for Your account / User Page. Contact us at info@turnkeyassist.com immediately to report any unauthorized use. If Your password is lost, please use the Forgot Password feature available on the Site/App.

4. Subscriber Fees & Payment Terms

The Subscriber acknowledges and agrees that access to our Services constitutes fair and adequate consideration for the subscription fee paid to us. The Subscriber Services are currently subscription-based, but we reserve the right to implement other pricing models in the future, and to modify our fees at any time, for any reason.

The Subscriber will be charged on the date of first registration for our Services. For monthly subscription future billing will occur on that date on a monthly basis. 2 year subscriptions are also available. The Subscriber agrees that it is the Subscriber’s responsibility to carefully read and understand the payment schedule associated with the subscription. The Subscriber’s credit card will be automatically charged for all fees incurred under the subscription and the Subscriber agrees that we are not required to provide any advance notice or confirmation that the Subscriber has been charged. If we are unable to charge a payment or are otherwise unable to obtain payment for Services when due, we can immediately suspend or terminate access to the Services until we receive payment from the Subscriber.

The Subscriber represents and warrants upon sign-up and subscription to membership that: (1) any credit card information supplied to us is true and complete; (2) charges incurred by the Subscriber will be honored by the Subscriber’s credit card company; (3) the Subscriber will pay the charges incurred at the posted prices and schedule, including any applicable taxes; (4) any payment that is untrue, fraudulent, or otherwise not honored shall be subject to repayment to Clutch Business Solutions Ltd. with interest at the maximum legal rate.

ALL SALES ARE FINAL AND SHALL NOT BE SUBJECT TO ANY REFUND, EXCHANGE, OR OTHER RETURN EITHER IN PART OR IN WHOLE. YOU EXPLICITLY CONSENT AND AGREE TO THESE TERMS.

5. Cancellation

The Services are not intended for use by you if you are under 18 years of age. By agreeing to these Terms, You are representing to us that you are at least 18 years old.

  • Cancellation of Subscription and Subscriber Services

    A Subscriber may cancel it’s subscription at any time by following the applicable links.

    Subscribers agree that Clutch Business Solutions Ltd, in its sole discretion, may terminate subscriptions at any time and remove and discard any content that Subscribers have posted on the Site or App, for any reason including breach of these Terms. The Subscriber agrees that any termination of access to our Services may be effected without prior notice, and acknowledges and agrees that we may immediately deactivate or delete any Agent Account and all related information and Content and/or bar any further access to our Services. Further, You agree that we shall not be liable to You, or any third-party for any termination of Subscribers’ access to this Site, App, Subscriber Services, Agent Accounts, User Pages and Services whether effected by us or the Subscriber.

    For monthly subscriptions, the Subscriber will be responsible for payment of monthly subscription fees during the billing month of cancellation, whether such cancellation was initiated by us, or the Subscriber. There will be no refund to the Subscriber whether in whole, in part, pro-rata or otherwise, for a month that has been billed before the cancellation, or for the month in which the cancellation occurred. There is no refund available upon cancellation of a 2 year subscription.

    Upon cancellation of an Agent Account and all associated Subscriber Services, Users will be allocated at random to other Subscribers under those Subscribers’ Agent Accounts. Users will not lose any of their content during this transition. Once transitioned, the User will begin viewing the information of Subscriber who they have been transitioned to. At that time the Subscriber to whom the User has been assigned will also have access to that User’s name, e-mail address, property address, neighborhood and mobile phone number. Once Subscriber Services and an Agent’s Account has been cancelled, a Subscriber will no longer have access to the Subscriber Services, User Pages, User information, or any part of the App or Site.

    SUBSCRIBERS WHO RECEIVE A NEW USER DUE TO A CANCELLATION OF ANOTHER SUBSCRIBER ARE NOT TO BE SEEN AS ATTEMPTING TO SOLICIT ANY CLIENTS UNDER CONTRACT.

  • Cancellation of Registration and User Services

    A User may cancel it’s subscription at any time by following the applicable links to the “delete” button. Once a User has deleted their User Page all Content that once existed under that User Page will be lost and cannot be recovered.

    Users agree that Clutch Business Solutions Ltd, in its sole discretion, may terminate a User Page at any time and remove and discard any content that Users have posted on the Site or App, for any reason including breach of these Terms.

    SUBSCRIBERS AND USERS FULLY INDEMNIFY US AGAINST ANY CLAIMS RESULTING FROM THE CANCELLATION FOR ANY REASON BY ANY PARTY OF ANY AGENT ACCOUNT, USER PAGE, SUBSCRIBER SERVICES, USER SERVICES, OR ACCESS OF ANY KIND TO APP / SITE.

6. Your Content and Your License to Us

Our Services permit You to post, store, save, transmit, copy, make available, and distribute materials and content of any type, including but not limited to login information, personal information, data, photographs, graphics, images, advertisements, messages, notes, text, articles and documents (“Your Content”).

You retain all rights and ownership in Your Content. We do not claim any ownership rights in Your Content. Even though we do not claim ownership of Your content, we need certain licenses to Your content in order to operate and enable the Services. By using our Services You grant us a worldwide, royalty-free, non-exclusive right and license to host, use, communicate, reproduce, distribute, transmit, adapt, preform and display Your Content as needed for the functionality of the Site and/or App (“User License”). We may sublicense the User License to a third party for the purpose of offering the Services.

You represent and warrant to us that You have all rights, title and interest to grant the User License. You further represent and warrant that Your Content does not infringe on any other copyright, trade-mark, trade secrets, privacy, or any other intellectual property right, and that Your Content does not contain libelous, defamatory or unlawful material. You agree to bear all legal risks associated with Your Content. You agree to fully indemnify us and hold us harmless from any claim, loss, damage or expense incurred by us with respect to third party claims arising from Your Content and/or claims that Your Content infringes on the intellectual property rights of any other.

7. Use of the Site and Our License to You

Subscribers and Users are granted a limited, personal, non-transferable, revocable (at any time with or without notice or cause) and non-exclusive right and license to access and use the Site and/or App and to download or print a copy of any portion of the Site and/or App and its contents solely for personal, non-commercial use strictly in accordance with these Terms and the Privacy Policy. You further agree that You will not change, alter, translate or otherwise create any derivative works of the Site and/or App and/or the Services.

We reserve the right to take steps that we deem necessary including legal action, to restrain unauthorized and prohibited activity. We further reserve the right to suspend or terminate Your access to any part of the Services immediately, without prior notice at our discretion. If a Subscriber or User is in breach of these Terms, in any respect, we will cancel access to our Services immediately and in accordance with the terms of cancellation listed above.

8. App / Mobile Phone Use

You expressly agree to adhere to any terms of any app store, mobile software platform, payment platform, or other third party services provided in connection with Your use of the App. We reserve all rights in and to the App not expressly granted to You under this Agreement. You have only been granted a limited license to access the Service in accordance with these terms.

9. Availability Of The Services

We try our best to have the Services available 24 hours a day, 7 days a week. There may still be times when the Services are unavailable for routine maintenance, to correct technical difficulties, or for some other reason. Availability of the Services is subject to change at any time and at our sole discretion.

10. Trademarks and Copyright

Notwithstanding anything else in these Terms, Clutch Business Solutions Ltd., www.turnkeyassist.com, TurnKey Assist, and related words and logos are our trademarks or trade names. Nothing in these Terms or on the Site or App, or within our Services will be construed as granting or conferring, either expressly or by implication, by estoppel or otherwise, a license or other right to You to use any such marks or names or any of our other intellectual property rights in any way. The names of other companies, products, and services referred to on the Site and App may be trademarks or trade names of their respective owners. Any unauthorized use of our trademarks or trade names or those of third parties is strictly prohibited.

All materials provided by us on this Site including, without limitation, all portions of this Site, all portions of the App, content, site design, text, graphics, and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title and ownership of our materials remains with us and any unauthorized use of such materials is strictly prohibited. We reserve the right to take any steps as it is deemed necessary, including legal action, to enforce our rights under trade-mark and copyright law.

11. Privacy

We care about and respect Your privacy. Please see our Privacy Policy which is hereby incorporated by reference into these Terms.

12. Hyperlinks

This Site may contain links to third ¬party web sites or services that are not owned or controlled by us. Hyperlinks on this Site and App are provided for Your convenience only. We have no control over, assume no responsibility for, and make no warranties or guarantees as to the accuracy or completeness of any hyperlink. Any hyperlink is the sole responsibility of the owner or operator of the linked site.

13. Indemnity

This Site may contain links to third ¬party web sites or services that are not owned or controlled by us. Hyperlinks on this Site and App are provided for Your convenience only. We have no control over, assume no responsibility for, and make no warranties or guarantees as to the accuracy or completeness of any hyperlink. Any hyperlink is the sole responsibility of the owner or operator of the linked site.

14. Disclaimers

You understand and agree that:

  • a) Use of our Services, and access to and downloading of our App are at Your sole risk. Our Services are provided on an “AS IS”, “AS AVAILABLE” basis. We do not make any warranties or guarantees of any kind, whether express or implied, regarding our Services and we specifically and expressly disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.

  • b) All data transmission between Your browser, or smart device and our Services are encrypted using the highest level of SSL protection available. We make no warranties, representation, and give no guarantees regarding the quality, reliability, timeliness, or security of the Site, App or our Services. You agree that we have no responsibility or liability for the deletion or failure to store any Content, User Content, or other communications maintained or transmitted by our Services. Further, we do not warrant or guarantee that our Services will be uninterrupted or error-free. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties from our Services, even if You have paid for virus protection.

  • c) We make reasonable efforts to ensure that our Services are virus free. We expressly disclaim any liability for damages resulting from errors or malfunctions in computer equipment as a result of using our Services. We do not, at any time, guarantee or warrant that our Services are free of viruses, worms, Trojan Horses or other destructive code. It is Your sole responsibility to implement safeguards to protect Your devices and You are responsible for the entire cost of any service, repairs, or corrections necessary as a result of any use of our Services.

15. Limitation of Liability

UNDER NO CIRCUMSTANCE WILL WE OR OUR DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR ANYONE ACTING UNDER THE AUTHORITY OF CLUTCH BUSINESS SOLUTIONS LTD. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCEDENTAL, SPECIAL, COMPENSATORY, OR PUNATIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR OTHER PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THESE TERMS, THE USE OF THE SITE, THE APP, THE SUBSCRIBER SERVICES, THE USER SERVICES AND OTHER SERVICES OFFERED THROUGH THIS SITE OR APP AND ARISING OUT OF THE OPERATION OF THIS SITE OR APP.

WE WILL NOT BE LIABLE FOR ANY ACTUAL OR ALLEGED INFRINGEMENT BY ANY THIRD PARTY MATERIALS AVAILABLE THROUGH THE SITE OR APP, INCLUDING BUT NOT LIMITED TO MATERIALS PLACED BY YOU, OR THROUGH YOUR ACCESS TO OUR SERVICES ON OUR APP/SITE. IN NO EVENT WILL OUR CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT PAID BY THE SUBSCRIBER IN THE ONE SINGLE MONTH IMMEDIATELY PRIOR TO ANY CLAIM. YOU ACKNOWLEDGE THAT IF NO SUCH FEES ARE PAID BY YOU TO US FOR A SUBSCRIPTION, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CLUTH BUSINESS SOLUTIONS LTD. REGARDLESS OF THE CAUSE OF ACTION.

THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUSMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED ON BREACH OF CONTRACT (INCLUDING, BUT NOT LIMITED TO, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LOEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.

CERTAIN JURISDICTIONS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

16. Third Party Services

We may allow access to, or advertise certain third-party product or service providers (“Merchants”) from which You may choose to purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. These Merchants are responsible for all aspects of any business You conduct with them. We are not a party to the transactions entered into between You and Merchants.

You agree that use of or purchase from such Merchants is at Your sole risk. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. Furthermore, any purchase from such Merchants is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability, or non-infringement. Under no circumstances are we liable for any damage arising from the transactions between You and the Merchants or for any information provided to You by the Merchants, or for any information appearing on the Merchants’ sites.

17. Governing Law

You agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between You and Us.

18. Contact Us

We sincerely value Your visit to our Site and hope you enjoy using our App. We welcome any questions or comments You might have about these Terms, our Site or our services. Our postal address is: 143-639 Dupont Street, Toronto, Ontario, M6G 1Z4. We can be reached via e-mail at: info@clutchbusinesssolutions.com

Contact Information

CLUTCH BUSINESS SOLUTIONS LTD

143-639 Dupont St.
Toronto, ON M6G 1Z4

(647) 271-2366
info@clutchbusinesssolutions.com

More Information