Terms of Use
These Terms of Use (the “Terms”) are the contract between you and Outlier Realty Ltd. (“Outlier,” “we,” “us”) for using outlierrealty.ca, our public listings, rental application flows, owner and tenant portals, and mobile application (together, the “Site”).
These Terms are written for a New Brunswick brokerage and property manager, not a generic software template. Submitting an application, creating an account, sending a contact form, or continuing to use the Site after the effective date is your acceptance.
How we handle personal information is in our Privacy Policy.
01The agreement
If you do not agree, do not use the Site. If you are using the Site for a company, landlord, or other organization, you represent that you have authority to bind it. If you do not, you are personally on the hook for these Terms.
We may refuse access, decline an inquiry, or close an account where we have a legitimate business or legal reason, including suspected fraud, abuse, or a safety concern.
02Who we are
Outlier Realty Ltd. is a New Brunswick corporation with offices corresponding to P.O. Box 242, Saint John, NB E2L 3Y2. Administration: info@outlierrealty.ca · 506-639-2568. Leasing: leasing@outlierrealty.ca · 506-988-RENT.
We provide sales, leasing, and real-estate management services in New Brunswick.
03What these Terms cover — and what they do not
These Terms govern the Site. They do not replace, and are subordinate to, the documents that actually move dirt, keys, and money:
- a residential tenancy agreement under the Rental of Residential Premises Act (New Brunswick);
- a commercial lease;
- a listing agreement, buyer representation agreement, or other agency contract;
- a property-management agreement; or
- an executed offer, amendment, or statement of adjustments.
If there is a conflict between these Terms and a signed real-estate or tenancy document, the signed document wins for that relationship. Statutory rights you have as a tenant, consumer, or client that cannot be waived by contract are not waived here.
04Eligibility and accounts
You must be at least 19 (the age of majority in New Brunswick) to create a staff, owner, or tenant account, or to submit a rental application in your own name. A parent or legal guardian may inquire on behalf of a minor; we do not knowingly open accounts for children.
You are responsible for credentials issued to you, for keeping them confidential, and for activity under your account. Tell us promptly if you think an account has been compromised. We may idle-timeout sessions and require re-authentication. Social sign-in (for example Google or Apple), where offered, is subject to that provider’s terms as well as these.
05Using the Site
You agree not to:
- scrape, harvest, or bulk-download listings, personal information, or other content except through features we expressly provide;
- probe, scan, or interfere with the Site, our APIs, or other users;
- bypass CAPTCHA, rate limits, or access controls, or submit applications by automated means;
- upload malware, or content that is unlawful, defamatory, or infringing;
- misrepresent who you are, your income source, occupancy, or authority to act; or
- use the Site to discriminate against any person contrary to applicable human-rights law.
We host the Site, related APIs, and document storage on infrastructure that may include Canadian and foreign processors. Availability is not guaranteed. Maintenance windows, third-party outages, and events beyond our reasonable control will happen. Do not use the Site as your only copy of a lease, notice, or payment record.
06Listings and property information
Public listings are an invitation to inquire — not an offer to lease or sell, not a representation that a unit is still available, and not a warranty of square footage, rent, inclusions, parking, pets, or move-in date. Photographs, floor plans, and 3D or video tours are illustrative. Measurements are approximate. A unit can be rented or withdrawn between the time you load a page and the time we speak.
MLS® and other third-party listing data, where shown, remain the property of the relevant board, association, or data vendor. We do not promise that third-party data is complete or current. Nothing on the Site is an appraisal, home inspection, or environmental report.
07Rental inquiries and applications
Submitting an inquiry or application does not create a tenancy, hold a unit, or oblige us to show, approve, or lease to you. We may pre-screen inquiries using a combination of staff review and automated rules (household size relative to the unit, building rules, completeness, and income-source category, among other factors). Some inquiries are declined without a showing. A decline is not a finding that you are “uncreditworthy” or a consumer report.
You represent that information you submit is true, complete, and yours to give — including co-applicant, occupant, pet, vehicle, and income-source details, and any optional affordability figures you choose to enter. You must have permission before giving us another adult’s contact information. If we proceed, we may ask for references, identity documents, proof of income, insurance, utility setup, and a deposit. Those requests, and any consumer report, happen only with the consent required by law and are described in our Privacy Policy.
The on-site affordability calculator is a self-serve worksheet. It is not credit advice, not a guarantee of approval, and not how we decide the first-pass household screen.
08Portals and the mobile app
Owner, tenant, and staff portals (including the mobile app) are provided to people we have a live relationship with. Features can include maintenance requests, documents, notices, chat or email threads, leasing pipelines, parking administration, and payments. You may only access records you are authorized to see. Owners see owner-side information; tenants see tenant-side information. Do not share portal access with unauthorized persons.
Push notifications, where you enable them, are a convenience. They are not a legal notice under a lease or the Rental of Residential Premises Act unless a signed document says otherwise. Serve statutory notices the way that statute and your agreement require.
09Payments
Rent, deposits, and other amounts collected through the Site are processed by a payment intermediary (currently Stripe). We do not store full card numbers. A payment is not “received” for lease purposes until the processor settles it to us, which can take several business days. Failed, reversed, or charged-back payments may be treated as non-payment under your lease.
Processor fees, currency conversion, and chargeback costs may be passed through where your agreement allows. Autopay, where offered, remains your responsibility to fund. We are not a bank, a lender, or a payment institution.
10Electronic communications
You consent to receive operational messages from us by email, SMS, phone, in-app notification, or portal message about inquiries, showings, applications, leases, rent, maintenance, and your account. Those messages are not marketing. Marketing emails and texts are sent only with consent under Canada’s Anti-Spam Legislation (CASL), and you can unsubscribe as described in the message or by emailing info@outlierrealty.ca.
Standard carrier rates may apply. Message frequency varies. Reply STOP to SMS where supported, or contact leasing to opt out of a particular channel. Opting out of marketing does not stop messages we must send to perform a contract or protect property and people.
11Intellectual property
The Site, including our name, logo, copy, software, and original photography, is owned by Outlier or our licensors. You receive a limited, revocable, non-transferable licence to use the Site for its intended purpose. You do not receive any other licence.
If you upload content (messages, photos, documents, reference letters), you grant Outlier a worldwide, royalty-free licence to host, copy, and use that content to operate the Site and the underlying real-estate file. You warrant you have the rights to grant that licence. Feedback you send us can be used without restriction or compensation.
12Third-party services
The Site relies on vendors — hosting, email, SMS and voice, maps, CAPTCHA, e-signature, payments, identity providers, and analytics or error logging where enabled. Their terms and privacy policies apply to their processing. E-signature ceremonies (for example DocuSign or Dropbox Sign) are legally significant events on the provider’s platform; do not sign unless you intend to be bound.
Outbound links (including social media) are not endorsements. We are not responsible for third-party sites.
13Real estate and tenancy
Nothing on the Site is legal, tax, accounting, mortgage, or investment advice. Agency duties, dual agency, and disclosure obligations arise under New Brunswick law and the written agency or management agreement — not from browsing a listing. Commissions and management fees are as agreed in writing.
Residential tenancies in New Brunswick are governed by the Rental of Residential Premises Act and, where it applies, the Residential Tenancies Tribunal. The Site does not change statutory notice periods, rent-increase rules, or your right to the quiet enjoyment the statute provides.
14Human rights
We rent and manage property in accordance with the New Brunswick Human Rights Act and other applicable human-rights legislation. We do not refuse to deal, or apply different terms, because of a protected characteristic — including race, colour, national or ancestral origin, religion, age, physical or mental disability, marital or family status, sexual orientation, sex, gender identity or expression, social condition, or political belief, as those grounds are defined in the Act.
Occupancy limits, bona fide building rules, and documented income sufficient to pay the rent may be considered where the law allows. If you need a disability-related accommodation in the application process or a tenancy, email leasing@outlierrealty.ca.
15Disclaimers
The Site is provided “as is” and “as available.” To the maximum extent permitted by New Brunswick law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, quiet enjoyment of the Site, and non-infringement. We do not warrant that listings are accurate, that the Site is error-free or uninterrupted, or that documents stored with us are retained forever.
16Limitation of liability
To the maximum extent permitted by applicable law, Outlier and its directors, officers, employees, and agents are not liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for lost profits, lost data, business interruption, or substitute services, whether in contract, tort (including negligence), or otherwise, even if advised of the possibility.
Our aggregate liability arising out of the Site is limited to the greater of (a) the amounts you paid us through the Site for the specific service giving rise to the claim in the twelve months before the claim, and (b) CAD $100. This cap does not apply to liability that New Brunswick law does not allow us to limit, including fraud, fraudulent misrepresentation, or gross negligence, or to amounts we actually collected from you as rent or a damage deposit and are obliged to account for under a lease or statute.
If you are a consumer and a limitation is unenforceable as to you, it is modified to the minimum extent required so that the remainder stays in force.
17Indemnity
You will indemnify and hold harmless Outlier and its people from claims, damages, and reasonable legal fees arising out of your misuse of the Site, your content, your breach of these Terms, or your infringement of someone else’s rights — except to the extent caused by our gross negligence or wilful misconduct.
18Suspension and termination
You may stop using the Site at any time. We may suspend or terminate access if you breach these Terms, if we stop offering a feature, or if we are required to by law. Provisions that by their nature should survive (including intellectual property, disclaimers, liability limits, indemnity, and governing law) survive.
19Changes
We may update these Terms. The effective date at the top will change. Material changes will be posted on this page. Continued use after the new effective date is acceptance. If you do not agree, stop using the Site and close your account.
20Governing law and disputes
These Terms are governed by the laws of the Province of New Brunswick and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The courts of New Brunswick sitting in Saint John have exclusive jurisdiction, except that we may seek injunctive relief in any forum to protect intellectual property or confidential information.
Nothing here requires you to waive a right to complain to FCNB, the Office of the Privacy Commissioner of Canada, the New Brunswick Human Rights Commission, or the Residential Tenancies Tribunal.
21General
These Terms are the entire agreement for use of the Site. If a provision is unenforceable, it is severed and the rest remains. A waiver must be in writing; a failure to enforce is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization or sale of the business. There are no third-party beneficiaries except as expressly stated. Headings are for convenience only. “Including” means “including without limitation.”
The English version governs. If we later provide a French version, it is a courtesy translation unless Quebec law requires otherwise for a particular user.
22Contact
Outlier Realty Ltd.
P.O. Box 242, Saint John, NB E2L 3Y2
info@outlierrealty.ca
506-639-2568
Questions about personal information belong in the Privacy Policy, or with the contact named there.
