This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.rentwhiz.ca (the "Site") and the general principles for the website. Do not use or access our services if you do not agree to be bound by the terms and conditions of this Agreement.
By accessing any area of www.rentwhiz.ca and related sites in the same domain (the "Web Site"), the user acknowledges this notice, and agrees to the terms and conditions set out below.
RentWhiz Inc. reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.
Privacy Policy
These Terms include the provisions in this document, as well as those in the Privacy Policy
Membership Eligibility
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or temporarily or indefinitely suspended rentwhiz.ca users. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site and Services
NON-DISCRIMINATION
Users posting or otherwise using this Site and Services declare THAT THEY WILL NOT DISCRIMINATE OR HARASS APPLICANTS OR TENANTS ON THE BASIS OF AGE, RACE, GENDER, NATIONALITY, RELIGION, MARITAL STATUS, MEDICAL CONDITIONS, DISABILITY OR SEXUAL PREFERENCE, WITH RESPECT TO AVAILABILITY OF HOUSING OR THE TERMS AND CONDITIONS OF RENTING OR LEASING HOUSING, AND ACKNOWLEDGE THAT RentWhiz Inc. WILL SUSPEND THE ACCOUNT OF ANY USER FOUND GUILTY BY THE DESIGNATED AUTHORITIES, OF ENGAGING IN ANY SUCH DISCRIMINATION.
Shared Housing Exceptions to Non-Discrimination
The specification of preferences of tenants in rental property listings is prohibited, except under shared housing circumstances. If a user is advertising a shared housing unit in which tenants will be sharing a bathroom, kitchen or other common areas, the user may express a preference based upon gender only.
Profanity
RentWhiz Inc. policy prohibits the use of language on the website that is racist, hateful, sexual or obscene in nature for a public area. This includes, but is not limited to, offensive usernames, email addresses, posting's content and pictures. This also includes content that encourages any illegal activity including, without limitation, terrorism, inciting racial hatred, or the submission of content which in itself constitutes committing a criminal offence
PHOTOS
RentWhiz Inc. policy prohibits the use of photos on the website that are sexually explicit (pornographic), hateful, racist, sexual or obscene in nature for a public area. It is strictly prohibited to copy, reproduce or reuse any photographs or images from this website.
Spamming
RentWhiz Inc. policy prohibits users from using this website to send spam. Spam is defined as email that is both unsolicited and commercial in nature. RentWhiz Inc. also prohibits the distribution of content that contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from RentWhiz or otherwise;
Third Party Content
By using RentWhiz Inc.’s Services, RentWhiz may provide you with access to third party websites (such as Facebook, Google, Twitter, Instagram etc.), information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that RentWhiz Inc. does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. You also acknowledge that such third party websites may have their own terms of service, which you may be obligated to follow and abide by. RentWhiz Inc. does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. RentWhiz Inc. disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against RentWhiz Inc. with respect to the content or operation of any such third-party websites and services.
The appearance, availability, or your use of any third party websites (whether in the form of a hyperlink, API call, widget integration or redirect), platforms, services (including the background check services) data or materials (“Third Party Services”) or third party platforms referenced or included anywhere in connection with our Services does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of RentWhiz. If any Third Party Services you interact with obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave our Services and to read the terms and conditions and privacy policy of each Third Party Service you use.
We may make available certain fee-based transactions, content and other e-commerce services, including, without limitation, the ability to elect to undergo a background check. Certain Fee-Based Services may utilize third party service providers (e.g., Naborly, RentSmart etc.), and all purchases made through these third party service providers are subject to their respective terms and conditions, and in the event of a conflict between such third party’s terms and conditions and these Terms, the terms and conditions of the third party service provider shall govern and control. RentWhiz is not responsible and has no liability whatsoever for goods or services you obtain through our third party service providers or other websites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. You agree to pay in full the prices for any purchases made using the User Account registered to you, including all applicable taxes and exchange fees.
THIRD PARTY PRODUCTS AND SERVICES
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR GOODS OR SERVICES YOU OBTAIN THROUGH THIRD PARTY SERVICE PROVIDERS OR OTHER WEB SITES, WEB PAGES, APPLICATIONS AND PLATFORMS (EVEN IF ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS OF USE. YOU ACKNOWLEDGE AND AGREE THAT PRODUCT/SERVICE SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE APPLICABLE THIRD PARTY VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY WE ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES AS SAME IS CONDUCTED AT YOUR SOLE RISK. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY SUCH THIRD PARTY, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US OR OUR AFFILIATES WITH RESPECT TO ANY SUCH TRANSACTION. WE ARE NOT RESPONSIBLE FOR ASSISTING YOU IN CORRECTING ANY PROBLEM YOU MAY EXPERIENCE WITH GOODS AND SERVICES PURCHASED THROUGH A THIRD PARTY SERVICE PROVIDER, EVEN IF THE GOODS OR SERVICES ARE ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM ANY THIRD-PARTY OPERATIONAL SERVICE PROVIDER AS THOSE ARE OWNED AND OPERATED BY INDEPENDENT ENTITIES. CUSTOMER SERVICE ISSUES RELATED TO GOODS OR SERVICES SHOULD BE DIRECTED TO THE RELEVANT THIRD PARTY OPERATIONAL SERVICE PROVIDER.
Acceptable Use
RentWhiz hereby grants you permission to use the Services provided such use is in compliance with these Terms, and you further specifically agree that your use will adhere to, and that you understand the following restrictions and obligations:
With respect to all users, you may not transfer your access to others, or allow others to access the Services through your own access.
You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations.
You may not interfere with or damage the Services including, without limitation, through the use of viruses, bots, harmful code, denial-of-Services attacks, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology.
Except as authorized through the Services, you may not copy, rip, or capture any content encountered on the Services. You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else (including Alpaca).
You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
User Postings
All User Postings are and will be considered non-confidential and non-proprietary. User Postings do not reflect the views of RentWhiz Inc., and you understand that by using our Services, you may be exposed to other people’s User Postings that could be offensive, indecent or objectionable and, as such, RentWhiz Inc. does not guarantee the accuracy, integrity, quality or content of any User Postings. We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject or investigate any incidents related to such User Postings, without notice to you, for any reason or for no reason. Under no circumstances shall RentWhiz Inc. be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings made available. UNDER NO CIRCUMSTANCES SHALL RentWhiz BE LIABLE IN ANY WAY FOR ANY CLAIMS RELATED TO ANY LISTING OR A PROVIDER’S OR TENANTS FAILURE TO EXECUTE A LEASE OR AGREEMENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH FAILURE TO EXECUTE A LEASE OR AGREEMENT OR FOR ANY INACCURACIES IN THE LISTING. Under no circumstances shall RentWhiz be liable in any way for any claims arising out of or related to the Listing, Listing Content, Cancellation Policy or the Accommodation, including, without limitation, a Provider’s or Tenant’s use of the Accommodation, or any loss or damage of any kind incurred as a result of such Provider’s or Tenant’s use of the Accommodation.
Accommodation listings on this site are not inspected and a listing does not imply that the accommodation is recommended or approved in any way. This is a listing service only, and RentWhiz is not responsible for any errors or omissions in listings.
While we endeavour to ensure our content is accurate, mistakes may occur. When we notice a mistake, we will correct it as soon as possible, but are not liable for any damages resulting from the incorrect information.
ACCOMMODATION AND TENANCY
As Tenants, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Provider (and the individuals the Provider invites to the Accommodation, if applicable). Under no circumstances shall RentWhiz be liable in any way for any of your (or your guests) acts or omissions, including, without limitation, your or their use of the Accommodation, or any loss or damage of any kind incurred as a result of your or their use of the Accommodation.
RentWhiz is under no obligation and is not responsible for resolving disputes between Tenants and Landlords or any users of the Services.
Network and Data Fees
Some of our Services may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for your Device may charge you data access fees in connection with your use of such including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. RentWhiz will not be responsible for any such data access fees and charges in connection with your use of any Services. Further, the use or availability of certain Services may be prohibited or restricted by your wireless carrier and/or data access provider, and not all Services may work with all wireless carriers, networks, platforms, services or devices.
USER-PROVIDED CONTENT
The user acknowledges that any content, offers, information, opinions (including, without limitation, reviews) ("Content") he or she may provide to the website becomes the property of RentWhiz, including all copyright, without reservation, and user waives in favour of RentWhiz any and all moral rights in such Content. The user acknowledges and agrees that all or any portion of the Content may be used, edited, reproduced, published, translated, sub-licensed, copied and distributed and/or incorporated into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content, without compensation of any kind to the user.
By submitting Content to RentWhiz, the user automatically warrants that he/she has the full right and authority to submit such Content, and that none of such Content is subject to any copyright or other proprietary right of a third party.
Any Content expressed or made available by third parties, including any other user of the website are those of the respective third parties and not of RentWhiz or its licensors, or any of their officers, directors, employees or agents.
The owners and operators of the website reserve the right to not publish, or to remove any Content that they deem in their sole discretion, to be inappropriate for the website, for any reason whatsoever.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that RentWhiz has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.
DISCLAIMER AND LIMITATION OF LIABILITY
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE WEBSITE AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. RentWhiz Inc. AND ITS' AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEB SITE, ITS CONTENTS, OR ANY ACCOMMODATION LISTING. RentWhiz Inc. DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OF LISTING CONTAINED HEREIN. BY USING OR ATTEMPTING TO USE THE WEBSITE, THE USER EXPRESSLY ACKNOWLEDGES THAT RentWhiz Inc. MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE CONTENT OF THE WEB SITE: (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE WEB SITE IN TERMS OF HOW CURRENT IT IS, ITS ACCURACY, OR ITS COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE WEB SITE, RentWhiz INCLUDES LINKS TO OTHER WEBSITES OVER WHICH RentWhiz HAS NO CONTROL. RentWhiz PROVIDES NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH WEB SITES, AND THE USERS HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST RentWhiz WITH RESPECT TO SUCH WEBSITES.
EXCEPT AS SPECIFICALLY STATED ON THE WEBSITE, NONE OF RentWhiz OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU (AND NOT RentWhiz) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR OTHER CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEBSITE.
THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND RentWhiz CONTROL. THE OPERATION OF THE WEBSITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. RentWhiz THEREFORE MAKES NO WARRANTIES AS TO THE AVAILABILITY OF THE SERVICE AT ALL TIMES OR IN ALL AREAS.
RELEASE
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF RentWhiz AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF RentWhiz AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEBSITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY RentWhiz OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
NO ADVICE OR SOLICITATION
The RentWhiz website is for convenience and informational purposes only. The RentWhiz website is not intended to be a comprehensive or detailed statement concerning the matters addressed. You should seek professional advice and recommendations before acting or committing to act based upon any information provided on or through the website.
GOVERNING LAW & JURISDICTION
The Web Site is controlled by RentWhiz Inc. from its offices within the Province of Alberta, Canada. The Web 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, the user agrees that all matters relating to access to, or use of, the Website, shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Province of Alberta and acknowledges that the user does so voluntarily and is responsible for complying with local laws.
SEVERABILITY
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Entire Agreement
These Terms constitute the entire agreement between you and RentWhiz Inc. regarding your use of RentWhiz Services, and supersede all prior written or oral agreements. Additional terms may apply to certain products or Services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Contact Us
If you have any questions about RentWhiz Inc. and it’s services, please do not hesitate to contact us at info@rentwhiz.ca
