HousesGate Buyer Cashback Terms and Offer Schedule

1. What this is

1.1 These Buyer Cashback Terms (the Cashback Terms) and the Offer Schedule in section 2 describe a cashback program of Nabeel Irtaza Tunio, registered professionally as Ali Tunio (the Operator), offered through his HousesGate website. The program is an invitation to apply, as set out in section 3. When an Offer Schedule for your transaction is accepted, it is a binding offer for that transaction. Ali Tunio pays any cashback personally.

1.2 The Brokerage, HomeLife Landmark Realty Inc., Brokerage, is not the payer of the cashback and has not made this offer. Brokerage commissions are handled under the Brokerage's own arrangements. This does not affect any duty the law imposes on the Brokerage.

1.3 These Cashback Terms become a separate agreement for your transaction when an Offer Schedule for it is accepted. They are not part of your website account, your VOW access, or any marketing consent, and accepting an offer is optional.

1.4 These Cashback Terms are version v6, dated 2026-10-05. The version and date recorded in your accepted Offer Schedule are the ones that govern your offer.

2. Offer Schedule

Rows marked To be completed are deal-specific form fields: each is filled in for your transaction before the offer is made.

2.1 An offer is made and accepted for a specific transaction, on the terms of this section 2 and sections 3 to 10. The Approved Rate in your accepted Offer Schedule, not the Program Maximum Rate and not any website figure, is the agreed rate for that transaction.

2.2 Program Maximum Rate means the maximum cashback rate stated in the Program Maximum Rate field of an Offer Schedule. It is the ceiling for any rate that can be offered under the program version that schedule records. Changing the ceiling for future offers is a dated revision of that field in a later Offer Schedule. It is not a change to these core terms, and it does not affect any offer already accepted.

2.3 Approved Rate means the specific cashback rate approved for the transaction named in an Offer Schedule, stated in that schedule's Approved Rate field. It is never more than the Program Maximum Rate. The Approved Rate becomes the agreed rate for the transaction when the Offer Schedule stating it is accepted.

3. The program is an invitation

3.1 The cashback program is an invitation to apply. Ali Tunio decides, transaction by transaction, whether to make an offer and what rate to offer. These decisions are made before any binding commitment about the cashback exists.

3.2 The Program Maximum Rate is a ceiling, not a promise. No offer is required, and no offer is required to be made at the Program Maximum Rate. Any rate offered is an Approved Rate selected up to that ceiling.

3.3 Creating a website account, registering, or receiving VOW access does not create a right to a cashback. Meeting the conditions in section 4 also does not create a right by itself. A cashback is owed only under an Offer Schedule you accepted for your transaction, or under another promise that binds Ali Tunio at law.

3.4 Approval of an offer is decided and communicated to you before you are asked to rely on it in choosing representation or proceeding with the purchase. The Operator does not decide after closing whether to make an offer, or at what rate.

3.5 The discretion in this section is not a licence to discriminate on a ground prohibited by law, and no criterion may be invented after the fact to avoid an offer you have already accepted.

4. Eligibility

4.1 Within an offer you accepted, you earn the cashback only if all of these are also true:

(a) you enter into a written buyer representation arrangement through the Brokerage for the purchase, with the Operator acting as your representative under it;

(b) you complete the purchase of the property identified in the Offer Schedule for that transaction;

(c) the transaction pays a buyer-side brokerage commission under the purchase agreement or a related agreement; and

(d) the Brokerage actually receives the corresponding earned commission for that transaction through its usual commission arrangements.

4.2 The cashback is not a rebate from a seller, is not a fee for VOW access, and is not earned merely by seeing a listing on the website or by creating an account.

4.3 There is no entitlement under another brokerage, or for a purchase not completed through the arrangement described above.

4.4 A referral to another agent does not by itself create a cashback entitlement or cancel a binding cashback promise. If an accepted offer would be affected by a proposed change in representative or brokerage, the effect must be explained and any lawful amendment agreed in writing before you rely on the change. We do not use a referral to evade an existing promise. The receiving agent or brokerage does not become the cashback payer merely by accepting the referral. An offer for a different representation arrangement must expressly identify that arrangement and its commission base before it is accepted.

5. The amount

5.1 The cashback equals the Approved Rate in your accepted Offer Schedule multiplied by the Eligible Commission. Eligible Commission means the earned buyer-side brokerage commission actually received by the Brokerage for your transaction, measured before the Brokerage's split with the Operator, and excluding any GST or HST payable on that commission. It never includes seller-side commission. Deposits or advance funds held in trust pending closing are not receipts of earned commission. Ali Tunio later receiving his corresponding share of that commission has no effect on the base and does not extend when payment is due under section 6.

5.2 The Program Maximum Rate alone sets no transaction rate. An Approved Rate is recorded in an accepted Offer Schedule. Where a dollar figure is identified as an estimate, it is an estimate of a possible payment, not an agreed rate, and is distinct from any percentage that has been agreed or promised. A percentage advertised for the cashback is read with the offer conditions clearly disclosed with it and can create rights: nothing in these Terms declares an existing advertisement void, and the absence of an accepted Offer Schedule does not erase a promise that binds Ali Tunio independently at law. Where an advertisement, representation, or other statement binds him, your rights under it are preserved. Once an Offer Schedule is accepted, its Approved Rate is the agreed rate for the transaction. The dollar amount of the cashback still depends on the commission actually received. Commission rates are negotiable and not standard, and the final commission actually received, and the final terms of your transaction, determine the payment.

5.3 Examples, for illustration only. Each example assumes a rate the parties agreed in an accepted Offer Schedule. No example promises any Approved Rate. The base excludes GST and HST. Commission rates are negotiable and not standard:

(a) assumed Approved Rate of 25%: purchase price $1,000,000, actual buyer-side commission 2.5%, being $25,000 plus $3,250 HST. The base is $25,000 and the cashback is $6,250. It is not 25% of $28,250, which would be $7,062.50, because no cashback is paid on HST;

(b) commission of $0 actually received: cashback of $0 under any Approved Rate. If a commission is partly uncollected, the cashback follows the part actually received, and we handle collection reasonably before deciding what was received.

6. Payment

6.1 The cashback becomes payable only when both are true: closing is completed, and the Brokerage has actually received the corresponding earned commission.

6.2 We pay within 30 calendar days after the day the Brokerage actually receives the corresponding earned commission, and never before closing. That deadline does not depend on Ali Tunio receiving his own share of the commission, which may reach him later. We pay by the traceable lawful method identified in the Offer Schedule and agreed with you, and we charge no fee for making the payment.

6.3 We make no advance against closing costs or a down payment.

6.4 Taxes: the base excludes GST and HST. No cashback is paid on the GST or HST payable on the commission. We give no tax advice, make no assumption about your tax treatment, and you may wish to get your own advice about the payment you receive.

6.5 If any part of the commission for your transaction is received by the Brokerage after a cashback payment, we pay the corresponding additional cashback for that later amount within 30 calendar days after the Brokerage actually receives that later part, so the total paid equals the Approved Rate in the accepted Offer Schedule applied to the total Eligible Commission received. The same received amount is never paid on twice.

7. Disclosure

7.1 Tell your lender and closing professionals about the cashback. Lender disclosure is commonly required. Concealing a cashback from a lender can be mortgage fraud. Do not conceal it.

7.2 The Operator has a personal financial interest in this arrangement. The cashback offer and its rate are Ali Tunio's personal decision as the payer, not a decision of, or an approval by, the Brokerage. Any commission, rebate, or conflict disclosures the law actually requires are still documented through the applicable brokerage process before you rely on the offer. Advertising of the offer discloses its conditions as required.

8. Changes, closure and commitments

8.1 Before an Offer Schedule is accepted for a transaction, the program may be closed to future transactions, an offer may be declined for a transaction, and the Program Maximum Rate may be changed for future offers. A change to the ceiling is made as a dated revision of the Program Maximum Rate field in the Offer Schedule used for future offers. It is not a rewrite of these core terms, and it does not affect any offer already accepted.

8.2 Concluded commitments are honoured even if the Program Maximum Rate is later reduced, the program is closed, or the website later closes or changes. A transaction for which you accepted an Offer Schedule keeps the Approved Rate and every term you accepted. Accepting the offer, not website operation, creates the commitment.

8.3 This is a temporary promotion offered personally by Ali Tunio while he operates HousesGate personally. It is not part of the business model of a future HousesGate corporation or brokerage. Ali Tunio may end new offers immediately by closing the promotion. New offers also stop no later than the end of his personal operation of the platform and do not carry into brokerage launch. Closing the promotion does not cancel an accepted Offer Schedule or another binding promise. Sections 6, 8.2 and 9 continue to govern those commitments. No successor corporation, brokerage or agent becomes the payer merely by taking over the website or receiving a lead. Any assumption or change of payer requires a lawful written arrangement and any consent required by law.

9. No forfeiture traps

9.1 Once your eligibility under section 4 is complete, the cashback under an offer you accepted is owed. It is no longer within the Operator's discretion and cannot be revoked.

9.2 An unrelated website account issue, such as a suspended account, does not forfeit an earned cashback.

9.3 We may reduce a payment only for actual ineligibility or to correct an overpayment or duplicate payment, and we explain any reduction to you.

9.4 We will not waive, divert, defer, or reduce a commission receivable, or have anyone else do so, in order to avoid or reduce a cashback under an offer you accepted, whether or not it has been earned or has become payable yet. Ordinary, bona fide negotiation of the commission before you accept an offer is not affected by this section. Handling of an uncollected commission is reasonable and documented.

10. General

10.1 These Cashback Terms govern the cashback. The Website Terms of Use govern use of the website. If they conflict about the cashback, these Cashback Terms govern.

10.2 They are governed by Ontario law and the federal laws of Canada that apply in Ontario, and disputes go to the courts of Ontario, including Small Claims Court where it has jurisdiction.

10.3 Nothing in these Cashback Terms requires arbitration, waives class proceedings, shortens a limitation period that applies to you, or waives any right or remedy that cannot lawfully be waived. No interest is charged on, or payable with, the cashback.

11. Short cashback notice

11.1 This short notice accompanies the full terms wherever the offer is shown:

Buyer cashback from Ali Tunio, personally. Offered transaction by transaction: the rate is agreed with you and recorded in a written Offer Schedule before you commit, and never exceeds the current Program Maximum Rate in the full terms. Base: the earned buyer-side commission the Brokerage, HomeLife Landmark Realty Inc., Brokerage, actually receives for your purchase, measured before the Brokerage's split with Ali Tunio and excluding GST and HST. No cashback is paid on the GST or HST on that commission, and the cashback is never a percentage of the purchase price. Paid within 30 calendar days after the Brokerage actually receives that commission, and only after closing. Conditions include a written buyer representation arrangement through the Brokerage, with Ali Tunio as your representative, and completion of the purchase. This is a temporary personal promotion: it can close to new offers immediately and does not continue into any future corporate or brokerage operation, but commitments you have accepted remain protected. Any rate we advertise speaks with the conditions disclosed with it and can bind Ali Tunio at law. Tell your lender. Full terms: /cashback-terms.