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
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.
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.
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.
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.
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. It expressly reserves the right, but undertakes no duty, to review, edit, move, or delete any material provided for display or placed on the Site, in its sole discretion, without notice. Further it cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on this Site.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
We may assign our rights and obligations under this Agreement. This
Agreement will inure to the benefit of our successors, assigns and licensees.
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.
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.
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.
A refund may be applicable for paid listings which have not yet received a status of “active” on the Site. However, once a listing receives a status of “Active” on the Site, all paid listing fees are deemed to have been earned and are no longer eligible for refund.
For any questions that you may have about this Agreement, you can contact us by E-mail: info@RentWell. By RentWell Limited, Calgary, Alberta,