RentZoro Terms of Service

1. Introduction

Acceptance of the Platform Terms of Service

These Terms of Service (the “Terms”) are a binding legal agreement between you and RentZoro Inc. (“RentZoro”, “we”, “us”, “our”). The Terms govern your access to and use of our website at rentzoro.ca and other services offered by us (collectively the “Platform”).

By using the Platform or by clicking to accept the Terms, you accept and agree to be bound and comply with these Terms and our privacy policy, found here (the “Privacy Policy”). If you are accepting and agreeing to these Terms and the Privacy Policy on behalf of a corporation or other entity, (a) these Terms and the Privacy Policy will apply to the corporation or other entity; and (b) you represent and warrant that you are authorized to agree on behalf of that corporation or other entity.

Modifications to the Terms of Service and to the Platform

We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. You agree to periodically review these Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these modifications.

2. Our Platform

Our Platform

The Platform allows landlords, including its real estate and other agents, employees, directors, officers, contractors, licensors, suppliers, successors and assigns (“Landlords”) to authenticate and rate prospective tenants or subtenants, including their respective real estate and other agents, successors and assigns (“Tenants”).

Your Account and Security

Landlords must create an account to use the Platform. Tenants may currently access the Platform using a unique link or code provided by Landlords, but may be able or required to create an account at a future date.

It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete.

Any username, password, unique link or code or any other piece of information (collectively “account credentials”) chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree that your account is personal to you and you agree not to provide any other person with access to this Platform or portions of it using your account credentials. You agree to notify us immediately of any unauthorized access to or use of your account credentials or any other breach of security. You are responsible for any misuse of, or any unauthorized access using, your account credentials.

We make reasonable efforts to protect your personal information, but we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal 2 information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other account credentials, whether chosen by you or provided by us, in our sole discretion for any reason, including any violation of any provision of these Terms.

3. Tenant Information

Tenant Information

Landlords may request that Tenants provide identification and other information, including, but not limited to, information related to Tenants’ credit, employment and finances (“Tenant Information”).

If you are a Landlord, you acknowledge and agree that:

1. RentZoro does not independently verify or authenticate any Tenant Information;
2. Tenant identification is authenticated using third party service providers; and
3. RentZoro is not responsible or liable to you for independently authenticating or verifying any Tenant Information.

If you are a Tenant, you acknowledge and agree that:

1. all Tenant Information that you submit to the Platform will be correct, current and complete and will not be modified, tampered with or fraudulent in any way;
2. RentZoro will use and disclose your Tenant Information as provided in these Terms and the Privacy Policy;
3. RentZoro is not responsible or liable to you for any use or misuse by the Landlord of your Tenant Information; and
4. RentZoro is not responsible or liable to you for authenticating or verifying Landlords or the relevant property and that you are solely responsible for all decisions and actions, including conducting appropriate due diligence, with respect to such Landlord or property.

Prohibited Conduct

You are prohibited from attempting to circumvent and from violating the security of this Platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Platform.

Intellectual Property Rights and Ownership

You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by RentZoro, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The “RentZoro” name and logo and all related names, logos, product and service names, designs, images and slogans are trademarks of RentZoro or its affiliates or licensors. You must not use such marks without the prior written permission of RentZoro. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of applicable law and could subject the infringer to legal action.

You are not permitted to modify copies of any materials from this Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.

Nothing in these Terms grants you any rights in the Platform other than as necessary to enable you to access the Platform. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, in any form or medium whatsoever except as permitted by us under these Terms or as expressly provided under applicable law. Any use of the Platform not expressly permitted by these Terms or under applicable law is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

4. User Content

User Content

As a condition of your access and use, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms.

The following content standards apply to any and all content, material, and information which you submit, post, publish, display, or transmit (collectively, "submit") to the Platform, to other users or other persons (collectively, "User Content"). For clarity, User Content includes any Tenant Information which a Tenant has submitted. Any and all User Content must comply with all applicable federal, provincial, local, and international laws, regulations and these Terms.

Without limiting the foregoing, you warrant and agree that your use of the Platform and any User Content shall not:

1. Violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
2. Violate the terms of any third-party platform that is linked to the Platform, including but not limited to, any third-party identification, payment processing, financial reporting or social media platform.
3. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, disparaging, offensive, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in RentZoro's sole discretion.
4. Involve stalking, attempting to exploit or harm any individual (including minors) in any way, including by asking for personal information as prohibited under applicable law.
5. Involve, provide or contribute any false, inaccurate, misleading or fraudulent information.
6. Impersonate or attempt to impersonate RentZoro, a RentZoro employee, another user, or any other person or entity (including, without limitation, by using email addresses, usernames, identification or other information associated with any of the foregoing).
7. Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", contests and other sales promotions, barter, or advertising or any other similar solicitation.
8. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
9. Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

Licence for User Content

By providing any User Content to the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose in accordance with our Privacy Policy and/or incorporate such material into any form, medium or technology throughout the world without compensation to you.

By submitting the User Content, you declare and warrant that you own or have the necessary rights to submit the User Content and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns to the User Content and comply with these Terms. You represent and warrant that all User Content comply with applicable laws and regulations and these Terms.

You understand and agree that you, not RentZoro or its directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors or assigns, are fully responsible for any User Content you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to you or any third party for the content or accuracy of any User Content submitted by you or any other user of the Platform.

Monitoring and Enforcement, Suspension and Termination

RentZoro has the right, without provision of notice to:

1. Remove or refuse to post on the Platform any User Content for any reason in our sole discretion.
2. Take such actions with respect to any User Content deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms.
3. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
4. Terminate or suspend your access to all or part of the Platform for any reason, including, without limitation, any violation of these Terms.

You release and hold harmless RentZoro and its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors and assigns from any and all claims resulting from any action taken by RentZoro and any of the foregoing parties relating to any investigations by either RentZoro or such parties or by law enforcement authorities.

We have no obligation, nor any responsibility to any party to monitor the Platform or its use, and do not and cannot undertake to review material that you or other users submit to the Platform. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

No Reliance

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date. Your use of the Platform is at your own risk and neither RentZoro nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns have any responsibility or liability whatsoever for your use of this Platform

This Platform may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by RentZoro, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of RentZoro. Neither RentZoro nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials

5. Third Party Platforms

Third Party Platforms

This Platform may provide links to third-party platforms. We make no representations about any third-party platforms that may be accessed from this Platform. If you choose to access thirdparty platforms, you do so at your own risk. We have no control over the contents of any such third-party platforms and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such thirdparty platforms.

Release

You release and hold harmless RentZoro, including its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns from and against any claim, cause of action or demand of any nature whatsoever arising from your use of the Platform.

Disclaimer of Warranties

You understand and agree that your use of the Platform, its content, and any services or items found or attained through the Platform is at your own risk. The Platform, its content, and any services or items found or attained through the Platform are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Neither RentZoro nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns make any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Platform or its contents. Without limiting the foregoing, neither RentZoro nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns represent or warrant that the Platform, its content, or any services or items found or attained through the Platform will be accurate, reliable, errorfree, or uninterrupted, that defects will be corrected, that our Platform or the server that makes it available are free of viruses or other harmful components.

Limitation on liability

Except where such exclusions are prohibited by law, under no circumstance will RentZoro nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the Platform, any linked third-party platforms, nor any content, materials, posting or information thereon even if the party was allegedly advised or had reason to know.

If, notwithstanding the previous paragraph, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Platform exceed the greater of (a) the total amounts you paid to us in the connection with the transaction giving rise giving rise to liability, and (b) one hundred Canadian dollars ($100.00 CAD).

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless RentZoro and its directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable lawyers’ fees) arising out of or relating to your breach of these Terms or your use of the Platform, including, but not limited to, your User Content, third-party sites, any use of the Platform's content, services, and products other than as expressly authorized in these Terms.

Dispute Resolution and Arbitration

Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to the Platform, or the breach, enforcement, interpretation, or validity of these Terms or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to us at the email address specified below and to you at the email address associated with your account. To the maximum extent permitted by law, both you and RentZoro agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration against the other party.

Except to the extent prohibited by applicable law, if you and RentZoro are unable to resolve the Dispute, the Dispute shall be determined exclusively by binding arbitration.

The arbitration shall be conducted in the City of Toronto by a single arbitrator. The arbitration shall be resolved using the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. or such other rules as may be agreed by the parties. The parties shall be responsible for their own legal costs and shall share the costs of the arbitration equally, subject to an award of the arbitrator to the contrary.

6. Governing Law and Jurisdiction

Governing Law and Jurisdiction

These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to any conflict of law provisions and notwithstanding your domicile, residence or physical location.

Subject to the dispute resolution and arbitration provision, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding which may arise out of, or in connection with, the Platform or these Terms. You agree not to commence any such action or proceeding except in Toronto, Ontario, Canada

Notice

Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at support@rentzoro.ca and all notices from us to you will be displayed on our Platform from time to time or sent to you at the email address associated with your account.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Severability

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

No Assignment

You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.

Entire Agreement

The Terms, our Privacy Policy and any applicable additional terms or agreements that you and RentZoro enter into constitute the sole and entire agreement between you and RentZoro regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Residents of Quebec / Résidents du Québec

The parties acknowledge that they have required that these Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

Contact

Should you have any questions regarding these Terms, you may contact us at: support@rentzoro.ca.