Terms of Use

Please read the following Terms of Use (the "Terms") before using the website available at Rentwallex.ca (the "Rentwallex") and any documents or guides relating to the Rentwallex (collectively, the "Documentation") that may be provided to you ("you" or "your") by Rentwallex, and its affiliated companies, if any (collectively, "Rentwallex," "we" or "us"). By accessing and using the Rentwallex, you agree to be bound by these Terms, as defined by Rentwallex, as well as our Privacy Policy (or such other policy as we may otherwise list or incorporate), which forms an integral part of these Terms. If you choose not to accept these Terms or the Privacy Policy, you must refrain from using the Rentwallex.

To the extent permitted by law, we reserve the right, in our sole and absolute discretion, to modify these Terms, or any part thereof, at any time. In such event, Rentwallex will provide you with reasonable notice prior to the amended Terms becoming effective and may notify you using an online notice, posting the amended Terms on the Rentwallex or by e-mail. The amended Terms will take effect sixty (60) days after publication (or such other period as Rentwallex may specify in writing) and will apply to your use of the Rentwallex from that time. Your use of the Rentwallex after the amended Terms become effective shall constitute your tacit acceptance of the amended Terms. You are invited to share your comments and ideas to help us continue to improve these Terms.

1. Using the Rentwallex

1. Access and Use. Subject to your strict compliance with these Terms, Rentwallex authorizes you to access and use the Rentwallex solely for personal use.
2. Accuracy of information. We use commercially reasonable efforts to ensure that the information available on the Rentwallex is accurate and up-to-date. However, some information may contain typographical errors, inaccuracies or minor omissions. In such cases, and to the extent permitted by law, we reserve the right to correct any minor errors, inaccuracies or omissions on the Rentwallex.
3. Information security. You understand that content you submit via the Rentwallex may be transferred unencrypted to various networks; such transfer may involve modifications to conform and adapt to the technical requirements of connecting networks or devices. However, your personal information remains protected in accordance with our Privacy Policy.
4. Restrictions. You may not, at any time, directly or indirectly, except as expressly authorized: (i) copy, modify or create derivative works of the Rentwallex or its Content, in whole or in part; (ii) rent, lease, loan, sell, sublicense, assign, distribute, publish, transfer the Rentwallex or Documentation to third parties; (iii) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or access the source code of the Rentwallex, in whole or in part; (iv) remove any proprietary notices from the Rentwallex, Documentation or Rentwallex Content; (v) use the Rentwallex contrary to our instructions, the information we make available, the Documentation or any other applicable document; (vi) disseminate Content that is false, inaccurate, misleading, defamatory, harmful, abusive, threatening, harassing, tortious, violent, vulgar, obscene, invasive of another's right to privacy or confidentiality, hateful, racist or otherwise inappropriate; (vii) use the Rentwallex to otherwise disseminate malicious programs, viruses, or other harmful programs, illegal solicitation (including but not limited to junk mail or spam) or to otherwise pretend to be someone else or make false representations; (viii) share non-public features of the Rentwallex with third parties; (ix) probe, scan, vulnerability test or circumvent any security mechanism used by websites, servers or networks connected to the Rentwallex; (x) take any action that imposes an unreasonable or disproportionately large load on websites, servers or networks connected to the Rentwallex; (xi) access, attempt to access, or use the data of other Rentwallex users without their consent; (xii) knowingly diminish or impede access to the Rentwallex; (xiii) access or use the Rentwallex to create a similar or competing platform or service; or (xiv) use the Rentwallex, Documentation or Rentwallex Content in any manner or for any purpose that infringes, misappropriates or violates any intellectual property or other right of any person, or that violates any applicable law.
5. Suspension of Rentwallex. Notwithstanding anything to the contrary in these Terms, Rentwallex may temporarily suspend your access to some or all of the Rentwallex if, in Rentwallex's reasonable opinion: (i) there is a threat or attack on any component of the Rentwallex; (ii) your use of the Rentwallex disrupts or poses a security risk to the Rentwallex or any other user; (iii) you use the Rentwallex for fraudulent or illegal activities; (iv) your use of the Rentwallex is prohibited by applicable law; or (v) your use of the Rentwallex violates the Terms (each, a "Suspension"). Rentwallex will use reasonable efforts to provide you with written notice of any Suspension and updates regarding the resumption of access to the Rentwallex following the end of any Suspension. Rentwallex will use reasonable efforts to provide access to the Rentwallex as soon as reasonably possible after the event giving rise to the Suspension has been remedied. To the fullest extent permitted by law, Rentwallex shall not be liable for any damages, liabilities, losses (including any lost profits), or any other consequences that you may incur as a result of any Suspension.
6. Compliance measures. The Rentwallex may contain technological protection measures to prevent copying and other security measures to prevent unauthorized use of the Rentwallex, such as use: (i) beyond the scope of access granted under the Terms; and (ii) prohibited under the Terms. You shall not, and shall not attempt to, remove, disable, circumvent or otherwise create or implement any alternative to such security measures.
7. Investigation and Prosecution. Rentwallex reserves the right to investigate any actual or potential violation of these Terms and to take appropriate action to stop any violation. You acknowledge and agree that Rentwallex has the right (but not the obligation) to enforce compliance with these Terms, applicable laws, court orders and governmental requirements. In the event of any violation of these Terms, Rentwallex shall have the right, at any time and without notice, to terminate your access to, or use of, the Rentwallex.

2. Users

1. Provision of information. Some features of the Rentwallex require you to provide an e-mail address. For example, if you choose to provide information regarding a rental, you must provide an e-mail address and the information required to complete the submission procedure, as well as validate the submission using the link provided. You agree to provide Rentwallex with current, complete and accurate information as requested in the submission form. In case of any violation of this paragraph, Rentwallex reserves the right to refuse your submission and the information provided at its sole and absolute discretion.
2. Rent quotation limit. You may only submit a rental quote twice per year and per e-mail.
3. Use of the Rentwallex by minors. Rentwallex does not knowingly collect information from children under 14.
4. Responsibility for Submissions. You are solely responsible for the information you provide to us. You agree to notify Rentwallex immediately of any unauthorized submissions made from your email that you become aware of.
5. Use of third-party e-mail. You may only use an e-mail address that belongs to you personally when submitting information to the Rentwallex.
6. Deleting or modifying a submission. You can report an anomaly concerning a submission by using the appropriate links in the Rentwallex, or you can write to us to request its deletion if you are the source of the anomaly. In addition, you can propose a modification to a submission using the links available on the Rentwallex.

3. Collection and Use of Information; Aggregated Data

1. Collection and use of information. Rentwallex may, directly or indirectly through the services of third parties, collect and store information concerning the use of the Rentwallex and on the equipment by which the Rentwallex is accessed and used through (i) the provision of maintenance and support services; (ii) security measures included in the Rentwallex; and (iii) through transfer via the Internet. You agree that Rentwallex may use this information for purposes related to any use of the Rentwallex by you, including, without limitation, to: (y) improve the performance of the Rentwallex or develop updates and (z) verify your compliance with the Terms and enforce Rentwallex's rights.
2. Aggregated Data. Notwithstanding anything to the contrary herein, Rentwallex may monitor your use of the Rentwallex and collect and compile aggregated and anonymized data sets (collectively, the "Aggregated Data"). As between the parties, all rights, title and interest in and to the Aggregate Data, including all intellectual property rights therein, shall belong to and be owned exclusively by Rentwallex. You acknowledge and agree that Rentwallex may, in its sole and absolute discretion: (i) make the Aggregated Data publicly available by applicable law and (ii) use the Aggregated Data to the extent and in the manner permitted by applicable law.

4. Content

1. Ownership of Content. As between us, you retain ownership of all material that you upload to, post on or communicate through the Rentwallex or otherwise provide to Rentwallex hereunder ("Content"), except for Feedback (as defined below). Under the Terms, you grant Rentwallex a non-exclusive, irrevocable, perpetual, worldwide, royalty-free license to use, modify, adapt, reproduce, distribute, create derivative works from and otherwise display the Content and to do all such acts concerning the Content as may be necessary for Rentwallex to provide the Rentwallex.
2. Responsibility for Content. You acknowledge and agree that you are solely responsible for all Content you provide to the Rentwallex hereunder. Accordingly, you represent and warrant to Rentwallex that: (i) you are the sole and exclusive owner of the Content, or that you have all the rights, licenses, authorizations, consents and releases to grant Rentwallex the rights to such Content; and (ii) neither the Content nor its publication, transmission, or use by Rentwallex violates or will violate the rights of any third party, or any law or regulation, domestic or foreign.
3. Prohibitions. At all times that you provide, upload, communicate or otherwise publish Content on the Rentwallex hereunder, you agree not to make any statement or generate any Content that could be considered, in Rentwallex's sole and absolute discretion, to be: (i) abusive, defamatory, pornographic, indecent, threatening, hateful, racist, xenophobic, homophobic or sexist (or any use of discriminatory language) or portrays identifiable persons in an offensive, pornographic, obscene, immoral, defamatory or libellous manner; (ii) involves vulgar, obscene or malicious language; and (iii) discloses the personal or confidential information of others.
4. License to Content. Notwithstanding anything to the contrary, by submitting Content, you grant Rentwallex a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license to reproduce, publish, modify, adapt, create derivative works from, distribute and generally otherwise use the Content and to perform all acts concerning the Content that may be necessary for Rentwallex to provide the Rentwallex. This includes but is not limited to advertising, broadcasting, promoting or representing Rentwallex's activities and services. You also agree to complete and sign all documents that Rentwallex may reasonably require to give full effect to this provision.
5. Third-party content. Through the Rentwallex, you may use and/or access content provided by third parties. Rentwallex cannot guarantee that such content will be free of any material or information you may find objectionable. Rentwallex disclaims all liability related to your access to any Content.
6. Complaints and Management of the Rentwallex. If you believe that any Content available on the Rentwallex violates any provision of the Terms or any applicable law, Rentwallex invites you to submit a complaint, which will be treated confidentially, to the e-mail address info@rentwallex.ca in the Terms or by using the "Report Defect" feature on the Rentwallex. Notwithstanding the preceding, you acknowledge and agree that Rentwallex has no obligation to review the Content posted on the Rentwallex, including your Content, or to monitor your access to or use of the Rentwallex but has the right to do so, to ensure compliance with these Terms, applicable laws, court orders, government standards or any other applicable requirements. Rentwallex reserves all rights concerning the administration of the Rentwallex, including, without limitation, the right to remove without notice any Content that, in Rentwallex's sole and absolute discretion, does not comply with the rules outlined in this section.
7. Rentwallex Information. Without limiting the rest of the Terms and for greater clarity, the Rentwallex Content (as defined below) is provided for general information purposes only. It is not advice on which you should rely. You should obtain more specific or professional advice before taking, or refraining from taking, any action or inaction based on the Rentwallex Content or any other information provided by Rentwallex thereon.

5. Intellectual Property

1. Rentwallex and Documentation. You acknowledge and agree that the Rentwallex and Documentation are provided under license and not sold to you. You acquire no right, title or interest in or to the Rentwallex or Documentation under these Terms other than the right to access and use the Rentwallex and Documentation under the Terms. As between the parties, Rentwallex retains all rights, title and interest in and to the Rentwallex and the Documentation, including all intellectual property rights therein, except as expressly granted herein. You are responsible for protecting the Rentwallex and Documentation (including all copies thereof) from unauthorized infringement, misappropriation, theft, use or access.
2. Trademarks. All trademarks, service marks, logos, trade names and other distinctive signs designating Rentwallex or the Rentwallex are, between us, trademarks of Rentwallex. All other trademarks, service marks, logos, trade names and other distinctive signs are the trademarks of their respective owners.
3. Content of the Rentwallex. All original works reproduced or published on the Rentwallex are protected by copyright. The owner of the copyright in each work reserves all rights therein. You acknowledge and agree that it is an infringement of copyright for any person to do, without the copyright owner's consent, anything that only the copyright owner has the right to do under applicable copyright laws. Elements of the content offered by Rentwallex on the Rentwallex (the "Rentwallex Content") may be protected by intellectual property including, but not limited to, copyright, privacy, trademark and other laws. They may require the consent of, or license from, third parties. Rentwallex does not represent or warrant that such approvals or licenses have been obtained and expressly disclaims any liability in this regard.
4. Feedback. If you send or transmit to Rentwallex any communication or material that suggests or recommends changes to the Rentwallex, including without limitation new features or functionality relating thereto, or any comments, questions, suggestions or the like (each, a "Feedback"), Rentwallex shall have the right (but not the obligation) to use such Feedback. You hereby assign to Rentwallex, on your behalf, all right, title and interest in and to the Feedback, effective as of the date such right, title and interest is created. You agree to waive any moral rights you have or may have in and to the Feedback. Without limiting the generality of the preceding, you acknowledge and agree that Rentwallex shall have the right (but not the obligation) to use, without any attribution or compensation, any ideas, know-how, concepts, techniques or other intellectual property rights in and to the Feedback for any purpose whatsoever. You also agree to complete and sign any documents that Rentwallex may reasonably require to give full effect to this provision.

6. Absence of Warranty

1. You understand and agree that your use of the Rentwallex, its Content and any items found or obtained through the Rentwallex is at your own risk. The Rentwallex, its Content and any items found or obtained through the Rentwallex are provided "as is" and "as available" without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. The preceding does not affect warranties, which may not be excluded or limited under applicable law.
2. Neither Rentwallex, its subsidiaries or affiliates, nor any of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors makes any warranty, representation or endorsement regarding the completeness, security, reliability, adequacy, accuracy, currency or availability of the Rentwallex or the Content. Without limiting the preceding, neither Rentwallex, its subsidiaries or affiliates, nor any of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors represent or warrant that the Rentwallex, its Content or anything found or obtained through the Rentwallex will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, or that the Rentwallex or the server that makes it available are free of viruses or other harmful components.

7. Limitation of Liability

1. To the maximum extent permitted by applicable law, in no event shall Rentwallex, its subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors 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 data, whether caused by tort, breach of contract, invasion 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 of, or inability to use, or reliance on the Rentwallex, any linked web site or any third party web site, or any Content, Rentwallex Content, materials, postings or information thereon or available on the Rentwallex.
2. In no event will Rentwallex be liable to you for any interruption, suspension or inability to access the Rentwallex, including but not limited to outages, network problems, acts of God or events beyond our control, or for any damages resulting therefrom. Rentwallex may, at any time and without notice, temporarily interrupt access to the Rentwallex for maintenance purposes to ensure its proper operation without having to grant any compensation. To the fullest extent permitted by law, Rentwallex shall not be liable for any loss or damage to your computer system, including, but not limited to, loss of data, the transmission of viruses, hacking attempts, and piracy of data, files or programs contained therein, to the extent that such loss or damage does not result from any fault of Rentwallex or breach of its obligations hereunder.

8. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Rentwallex, its subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or related to your breach of these Terms or your use of the Rentwallex, including, but not limited to, your Submissions, third party sites, any use of the Content, items available on the Rentwallex other than as expressly authorized in the Terms.

9. External Sites

The Rentwallex may contain hyperlinks to external Internet sites from which you may leave the Rentwallex (the "External Sites"). You acknowledge and agree that Rentwallex is not responsible for the availability of such External Sites or the accuracy of the content, products or services available on such External Sites. Hyperlinks to External Sites do not imply that Rentwallex approves or endorses such External Sites. You acknowledge and agree to assume all risks arising from using External Sites. By using the Rentwallex, you expressly release Rentwallex from any liability arising from your use of any External Sites, and the terms of use and privacy policy applicable to such External Sites bind you.

10. Communications

When you provide Rentwallex with your e-mail address through the Rentwallex, you expressly consent to Rentwallex keeping your e-mail address in its databases or using it in its mailing lists to communicate with you to (i) validate certain information relating to your submissions and the information provided, if applicable; (ii) keep you informed of the status of your submission (which expires after twelve months); (iii) to contextualize certain critical moments in the rental market (repossessions of units on December 31, notices of increase on March 31 or signature of new leases on July 1) (iv) to conduct surveys or audits concerning the Rentwallex, in particular its functionalities, its user-friendliness and your appreciation of it; or (v) for any other reason relating to the Rentwallex or user security.

11. General

1. Survival of Provisions. Provisions which by their nature should survive termination of these Terms shall survive termination, including requirements relating to ownership and disclaimers and limitations of liability.
2. Entire Agreement. These Terms, the Privacy Policy and any related documents supersede any prior agreements between you and Rentwallex and constitute the entire agreement between you and Rentwallex concerning the use of the Rentwallex and its contents.
3. Governing Law. The Rentwallex and the Terms will be governed by and construed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law rules, principles or provisions (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location. Except in circumstances where applicable law prohibits exclusive jurisdiction, any action or proceeding arising out of or relating to the Rentwallex and these Terms shall be brought in the courts of the judicial district of Ontario, Ontario. Each party irrevocably submits to the exclusive jurisdiction of such courts in connection with any such action or proceeding. You waive any objection to the exercise of jurisdiction by such courts over you and to the jurisdiction of such courts.
4. Notices. We may provide you with any required legal notices (including service of process) by any lawful method, including posting notices on the Rentwallex or sending notices to any e-mail address you provide when submitting to the Rentwallex or otherwise interacting with the Rentwallex or us. You agree to mail us notices to 870 de Salaberry, Ontario G1R 2T9.
5. Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder.
6. Waiver and Severability. The failure of Rentwallex to enforce any right or provision of these Terms shall not constitute a waiver of any future right or provision. The waiver of any such right or provision shall be effective only if in writing and signed by a duly authorized representative of Rentwallex. Except as expressly provided in these Terms, the exercise by Rentwallex of any of its remedies under these Terms shall be without prejudice to its other remedies. If, for any reason, a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, the remainder of these Terms shall continue in full force and effect.
7. Force majeure. Each party will be released from its obligations to the extent and for the period that it is unable or prevented from performing said obligations by circumstances beyond its control and will not be liable to the other party for any damage suffered.
8. We look forward to hearing from you. Rentwallex welcomes your comments, questions and feedback. Please send them to info@rentwallex.ca or write to us at the following address: Rentwallex, 132 Candlebrook, Whitby, ON.