TERMS AND CONDITIONS

RENTwell.CA limited TERMS OF USE

READ THESE TERMS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF THE WEBSITE AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Welcome to RentWell.ca. This website (the "Site") is operated by RentWell.ca Inc. (“RentWell”).

Access and use of the Site, and the information and the services thereon (collectively, the "Services") is provided to you by RentWell on the condition that you accept this agreement (the "Agreement"). By accessing, browsing, registering on and/or otherwise using the Site, you agree to accept and comply with this Agreement. You further agree that this Agreement is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms and conditions. If you have any questions relating to these terms of use, please contact us using our contact information below.

If you do not agree to be bound by these terms and conditions, you may not use or access this Site.

You agree to use the Site only for lawful purposes, and that you will not use the Site in any manner that interferes with its security or normal operation or with any other user's use and enjoyment of the Site. You further agree that you will not access the Site by any means except through the interface provided by RentWell for access to the Site.

You must be at least eighteen (18) years of age to use this Site, and fully able and competent to enter into the terms and conditions set out in this Agreement.

As a condition to your use of the Site, you agree not to solicit any persons (landlord, tenants or otherwise) that use the Site.

If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your access to the Site (or any part thereof) and/or your user account, if any. In RentWell's sole discretion and without prior notice or liability to you or any third party, we may suspend, discontinue, modify or alter any aspect of the Site including, but not limited to: (i) restricting the time the Site is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user's right to use the Site. You agree that any termination or cancellation of your access to or use of the Site may be effected without prior notice.

You further agree that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Site, or any policies or practices by RentWell in providing the Site, including without limitation any change in content, is to cease using the Site and cancel or terminate your subscription or registered user account, as applicable.a

1. YOUR ACCOUNT

To access certain Services provided on the Site, including saving preferences online or posting certain information on the Site, you will be required to establish a user account (a "User Account"). To do so, you will need to provide us with certain information ("Account Information"). You agree that the Account Information you provide is true, accurate, current and complete. If any of your Account Information changes, you must update it by using the appropriate update mechanism on the Site, if available. Otherwise, you agree to contact our Privacy Officer as described in our Privacy Policy. If you provide any information that is false, inaccurate, outdated or incomplete, or if RentWell has reasonable grounds to suspect that any information you provide is false, inaccurate, outdated or incomplete, RentWell, in its sole discretion, may suspend or terminate your account and prevent you from using the Site (or any portion thereof) in the future.

You are solely responsible for all usage or activity on your User Account including, but not limited to, use of your User Account by any person who uses your Account Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. You may not sub-license, transfer, sell or assign your User Account, your Account Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Account Information), you must promptly change the affected Account Information by using the appropriate update mechanism on the Site, if available, or notify our Privacy Officer as described in our Privacy Policy.

2. PRIVACY POLICY

Use of the Site is subject to the terms of our Privacy Policy ("Privacy Policy"), which is hereby incorporated into and made part of this Agreement. By using the Site, you agree to be bound by the terms of our Privacy Policy.

3. RENTWELL IS NOT A PARTY TO ANY RENTAL TRANSACTIONS.

The Site serves as a platform for property managers and owners to provide the Services. RentWell does not own or manage the properties listed on the Site and does not enter into rental contracts for those properties. Although the Site may lead to certain business transactions expressly agreed to between RentWell and Users, RentWell is not a party to any transactions between Users and property managers other than providing the Site. As a result, RentWell shall not be liable under any circumstances for information, the contents of any documents, or for any other interactions by, between or among users, property managers or owners through the site.

You are responsible for how you use the Site, and rentwell encourages anyone who accesses the Site, including Registered Users, to exercise sound judgment when entering into property rental transactions. In the event that you have a dispute with a renter, property manager or owner, you release RentWell from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

4. ACCESS TO AND USE OF THE SITE.

RentWell provides you with certain information and functionality through the Site. You are solely responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access.

RentWell has the right, but not the obligation, to take any of the following actions without providing any prior notice to you: (a) change or terminate all or any part of the Site or the Services; (b) restrict or terminate your access to all or any part of the Site or the Services; or (c) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.

Subject to your compliance with these Terms, RentWell hereby grants you permission to access and use the Site and the Services, provided that you shall not (and shall not allow any third party to): (a) engage in commercial use of the Site or any content on the Site; (b) reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on the Site for other than your own personal, non-commercial use; (c) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or Service or in or on any content or other material obtained via the Site or the Services; (d) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site or the Services, including, but not limited to, for purposes of constructing or populating a searchable database of business or property reviews; (e) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (f) reformat or frame any portion of the web pages that are part of the Site or the Services; (g) create user accounts by automated means or under false, misleading or fraudulent pretenses; (h) create or transmit unwanted electronic communications such as “spam” to other users or members of the Site or the Services or otherwise interfere with other users’ or members’ enjoyment of the Site or the Services; (i) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (j) use the Site or the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (k) copy or modify the HTML code used to generate web pages on the Site; (l) use any device, software or procedure that interferes with the proper working of the Site or the Services, or otherwise attempt to interfere with the proper working of the Site or the Services; (m) take any action that imposes, or may impose in RentWell’s sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (n) modify, adapt, translate, or reverse engineer any portion of the Site or the Services; or (o) use the Site or the Services, intentionally or unintentionally, to violate any applicable international, national, federal, state, provincial, or local law or regulation, including, but not limited to, Fair Housing laws and regulations.

5. CONTENT AND SERVICES NOT PROVIDED.

RentWell has no responsibility or duty to review, approve or pre-screen any content posted on the Site by any third party (including property managers and owners), and RentWell is not responsible for such content. You understand that all property listings, lease agreements, rental terms, postings, messages, text, images, photos, files, video, and other information, materials or documents posted on the Site or transmitted through or in connection with the Services by property managers, owners, Users, advertisers, or others (the “Non-RentWell Content”) are the sole responsibility of the property managers, owners, Users, advertisers, or others from whom such Non-RentWell Content originated. Rentwell disclaims any and all liability relating to the user content. Rentwell does not guarantee, and you shall not hold RentWell responsible for, the non-rentwell content (including the accuracy or truth of such non-RentWell content), or the nature, safety, quality, condition, management of any rental units or properties on the site or the compliance with any laws, regulations or rules that may be applicable to such properties. You agree that you bear sole responsibility for evaluating, and are solely responsible for all risks associated with, the use of any non-RentWell content, and that under no circumstances will rentwell be liable for any non-RentWell content or for any damage or loss of any kind incurred as a result of the use of any non-RentWell content.

RentWell reserves the right, but does not have any obligation, in its sole discretion, to delete or refuse to post any Non-RentWell Content that violates the letter or spirit of any applicable agreements between RentWell and the property managers, owners, Users, advertisers, or others posting or seeking to post any content, or for any other reason.

You acknowledge and agree that RentWell provides only the Services as described in these Terms or as otherwise expressly provided on the Site by RentWell; RentWell does not provide, and bears no responsibility or liability for, any other content or services, including but not limited to the following:

(a) Lease transactions, including without limitation, negotiations, offers, agreements, establishing rents or fees, or any related communications (although the Services do facilitate these transactions between Property Managers and Renters);

 (b) Legal, brokerage or other related professional services or advice;

 (c) Inspection, screening or pre-approval of rental properties;

 (d) Verification, screening or pre-approval of property listings; or

 (e) Evaluation, screening or pre-approval of Property Managers or other advertisers who post listings or other content on the Site. In the event that you desire, require, or need assistance with any such services or any other services not provided through the Site, you are solely responsible for obtaining them from a qualified third party.

6. ADDITIONAL REQUIREMENTS.

Certain aspects of the Services may be subject to additional requirements, guidelines, other technical and non-technical specifications, or other rules or policies of RentWell in addition to those set forth in these Terms (the “RentWell Requirements”). All such RentWell Requirements will be posted in appropriate locations on the Site and by this reference are incorporated into these Terms. In the event of a conflict between the RentWell Requirements and these Terms, the RentWell Requirements shall take precedence.

In some cases, property managers and owners may impose their own additional requirements on Users in connection with rent-related transactions and activities facilitated through the Site. Any such requirements are imposed solely by the property managers or owners; are the sole and exclusive responsibility of the property managers or owners imposing them; are wholly unrelated to any RentWell Requirements; and RentWell shall have no responsibility of any kind for such requirements imposed by property managers or owners.

7. AMENDMENTS TO THIS AGREEMENT

From time to time, RentWell may amend this Agreement. An example of such an amendment is the inclusion of additional terms of usage that apply to either specific parts of the Site or the Site in its entirety. We will post any revised version of this Agreement on the Site and encourage you to refer to it on a regular basis.

CONTINUED ACCESS OF THE SITE BY YOU WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES OR REVISIONS TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE SITE AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY.

These Terms of Use were last updated on July 3, 2018.

8. AMENDMENTS TO THE SITE

Although RentWell does not constantly monitor the Site, it nevertheless expressly reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any content without notice, at any time for any reason. By using the Site, you expressly agree that RentWell (a) will not be liable for any claims, actions or judgments arising out of or related to any content and (b) may monitor, refuse to publish, remove, delete, move or edit any content without notice at any time for any reason, without liability and without providing a refund. You further expressly agree that you are solely responsible for any and all content you submit to RentWell.ca. This includes, but is not limited to, the right to correct pricing or typographical errors that may occur on the Site. We cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site.

9. LINKING TO OR FROM THIS SITE

This Site may provide links to third party websites for your convenience only. The inclusion of these links does not imply that RentWell monitors or endorses these websites. RentWell does not accept any responsibility for such websites.

Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.

10. INTELLECTUAL PROPERTY

All Site design, text, graphics, sound, software, layout, data and other content, and the selection and arrangement thereof, are the property of RentWell or its licensors, and are protected by local, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Site. Material may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. Prohibited uses include, but are not limited to, "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize or manipulate material displayed on the Site.

You may download material from the Site and may use the Site for your personal use only, provided you keep intact all copyright and other proprietary notices.

By uploading or otherwise posting any data and other content on the Site (a "Listing"), you agree that you have all right, title and interest in any such data or other content (or have otherwise obtained all necessary licenses or consents to do so). You agree that all Listings are the property of RentWell. Accordingly, you hereby automatically assign all right, title, and interest in all of your Listing upon uploading or posting your Listing onto the Site. RentWell reserves the exclusive right to review, edit, move or delete any Listing uploaded or posted on the Site, in its sole discretion, without notice.

11. UNSOLICITED SUBMISSIONS

To avoid potential misunderstandings or disputes, RentWell does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to us, you automatically grant (or warrant that the owner of the Submissions grants) to RentWell and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of RentWell or its successors, assigns and licensees. You further agree, represent and warrant that all moral rights in the Submissions are waived in favour of RentWell and its successors, assigns and licensees.

12. THIRD PARTY APIs

From time to time, the Site may use one or more application programming interfaces obtained under license from a third party (an "API"). You agree that your use of any such APIs shall be limited exclusively to your use of the Site in accordance with the terms and conditions of this Agreement.

13. INDEMNIFICATION

You agree to indemnify RentWell, and its affiliates, directors, officers, employees, agents, licensors, suppliers, content providers, and the like (collectively, the "Affiliates"), and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from your unauthorized use of material obtained through the Site, or from your breach of this Agreement, or from any such acts through your use of the Site.

14. DISCLAIMER OF WARRANTY

RENTWELL AND ITS AFFILIATES HAVE NOT VERIFIED, CHECKED OR OTHERWISE SCREENED ANY LISTINGS ON THE SITE. FOR GREATER CERTAINTY, RENTWELL HAS NO AFFILIATION WITH ANY PROPERTY LISTED ON THE SITE, OR ANY LANDLORD, TENANT OR OTHER PERSON WHO MAY USE THE SITE.

THE SITE AND THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". RENTWELL AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, TIMELINESS, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE PRODUCTS, OR SERVICES OFFERED OR SOLD ON OR THROUGH THE SITE OR ANY OTHER WEBSITE TO WHICH THE SITE MAY LINK, AS WELL AS THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE.

RentWell and its Affiliates do not represent or warrant that access to the website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the website. No oral or written statements by RentWell or its Affiliates will create any warranty not expressly set forth herein.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL RENTWELL OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF ANY PRODUCTS OR SERVICES PURCHASED OR ACCESSED THROUGH THE SITE, EVEN IF RENTWELL OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, RENTWELL'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE OR ANY SERVICES PURCHASED OR ACCESSED THROUGH THE SITE SHALL BE LIMITED TO THE PURCHASE PRICE ACTUALLY PAID BY YOU FOR SUCH SERVICES OR $20, WHICHEVER IS LESS.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the aforementioned exclusions to liability are limited to the fullest extent permitted by law.

16. CHOICE OF LAW

The Site is controlled, operated and administered by RentWell from within the Province of Alberta, Canada. The Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this Site, you acknowledge and agree that all matters relating to access to or use of this Site shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

17. DISPUTE RESOLUTION

If any controversy, dispute, claim, question or difference arises with respect to the Site, to Services or Listings that you make or access through the Site, this Agreement, or its performance, enforcement, breach, termination or validity (a "Dispute"), the parties shall use their best efforts to settle the Dispute. To this end, they shall consult and negotiate with each other, in good faith, to reach a just and equitable solution satisfactory to all Parties. If the parties do not reach a solution to a Dispute within fifteen (15) business days following the first written notice of the Dispute by any party to the other, then upon written notice by any party to the other, the Dispute shall be submitted to confidential arbitration in Calgary, Alberta, Canada, except that, to the extent that you have in any manner violated or threatened to violate the intellectual property rights of RentWell or its Affiliates. In such an instance, RentWell and its Affiliates may seek injunctive or other appropriate relief in any provincial or federal court in the Province of Alberta, and you voluntarily consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the National Arbitration Rules of the ADR Institute of Canada, Inc. in force at the date of commencement of the arbitration proceeding. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

18. CHOICE OF LANGUAGE

The parties have expressly required that these Terms of Use be set forth and executed in the English language. Les parties aux presentes ont expressment exige que la presente conventions soient redigées en la langue anglaise.

19. SEVERABILITY

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

20. ENTIRE AGREEMENT

This Agreement, together with the Privacy Policy, and the Terms of Sale, is the entire agreement between you and RentWell with respect to the Site, the Services, and your use of same. In the event of a conflict between or among this Agreement and any other documents referenced in this Agreement, the conflict shall be resolved by assigning precedence to this Agreement, then to any documents referenced herein.

21. ASSIGNMENT

We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.

22. NO ESTOPPEL FOR FAILURE TO ENFORCE

The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.

23. INTERPRETATION

All references in this Agreement to "RentWell", "we", "us", "our" and like terms should be interpreted as referring to RentWell.ca Inc.

The insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of this Agreement.

24. SURVIVAL

Sections 7 through 16, as well as Sections 19 and 20 shall survive any termination or expiration of this Agreement by either party for any reason.

25. CONTACT US

For any questions that you may have about this Agreement, you can contact us by email, telephone, fax or postal mail at:

RentWell Limited
138 Patterson Hill SW
Calgary, Alberta, T3H 3J3, CANADA
E-mail: info@RentWell.ca
Phone: 1-403 764 4949