Website Terms and Conditions of Use

Acceptance of the Website Terms and Conditions of Use

These website terms and conditions of use for www.rentpanda.ca constitute a legal agreement between you and Rent Panda Inc. ("Company," "we," "us," "our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use of www.rentpanda.ca (the "Website").

By using the Website, you accept and agree to be bound by these Terms and Conditions and the Privacy Policy at https://www.rentpanda.ca/privacy-policy. If you do not agree, you must not access or use the Website.

By using this Website, you represent and warrant that you are of legal age of majority under applicable law to form a binding contract with the Company and meet all eligibility requirements. If you do not, you must not access or use the Website.

Modifications to the Terms and Conditions and to the Website

The Company reserves the right to revise and update these terms and conditions at any time. Any modifications are effective immediately upon posting and apply to all continued use of the Website. You agree to periodically review the terms to be aware of modifications, and your continued use constitutes acceptance.

The information and material on this Website, and the Website itself, may be changed, withdrawn, or terminated at any time in the Company's sole discretion without notice. The Company will not be liable if, for any reason, all or any part of the Website is unavailable at any time.

Your Use of the Website and Account Set-Up and Security

The security of your personal information is very important. The Company uses physical, electronic, and administrative measures designed to secure your personal information from accidental loss and unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. All persons who access the Website through a user's internet connection must be aware of these Terms and Conditions and comply with them. The Website, including certain content areas, may require user registration. It is a condition of your use that all information you provide is correct, current, and complete. You may not impersonate any person or entity, or falsify or misrepresent yourself or your affiliation with any other person or entity.

The transmission of information via the Internet is not completely secure. Although the Company does its best to protect personal information, it cannot guarantee the security of information transmitted to the Website. Any transmission of personal information is at your own risk. The Company is not responsible for circumvention of any privacy settings or security measures contained on the Website.

Your provision of registration information and any submissions you make to the Website through Interactive Functions (applications, chat rooms, email, messaging systems, message boards, profiles, forums, bulletin boards, Listings, references, lease agreements, repair requests, notice forms, viewing schedulers, and other such functions) constitutes your consent to all actions the Company takes with respect to such information consistent with its Privacy Policy.

Any username, password, or other piece of information chosen by you or provided as part of security procedures must be treated as confidential and not disclosed to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so others cannot view or record your password or personal information. You understand that your account is personal to you and you agree not to provide any other person access to the Website or portions of it using your username, password, or other security information.

You agree to notify the Company immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure you logout from your account at the end of each session. You are responsible for any password misuse or unauthorized access.

You are limited to creating one account for each of the following user categories:

• Accounts used by property owners, property managers, leasing agents, or other users that could reasonably be considered landlords ("Landlord(s)")
• Accounts used by tenants ("Tenant(s)")

The Company reserves the right at any time and from time to time to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by the Company, in its sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:

1. Accessing content and data not intended for you
2. Attempting to breach or breaching security and/or authentication measures which are not authorized
3. Restricting, disrupting or disabling service to users, hosts, servers, or networks
4. Illicitly reproducing TCP/IP packet header
5. Disrupting network services and otherwise disrupting the Website owner's ability to monitor the Website
6. Using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any material on the Website
7. Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
8. Attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing
9. Otherwise attempting to interfere with the proper working of the Website

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

You may only use the Website for your personal use or for certain legitimate business purposes relating to your role as a property owner, property manager, landlord, or leasing agent. 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 the Website, in any form or medium whatsoever except:

1. Your computer and browser may temporarily store or cache copies of materials being accessed and viewed
2. A reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever
3. One single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by the end user licence agreement for such downloads
4. In the event social media platforms are linked to certain content on the Website, you may take such actions as the Website and such third-party social media platforms permit

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

If you print off, copy, or download any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at the Company's option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company.

Conditions of Use and User Submissions and Site Content Standards

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

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the website, to other users, or other persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

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

1. In any manner violate any applicable federal, provincial, local, or international law or regulation including 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.
2. In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to any third-party social media website.
3. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory.
4. Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
5. Involve, provide, or contribute any false, inaccurate, or misleading information.
6. Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Submissions and Site Content Standards.
7. Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
8. Transmit, or procure the sending of, any advertisements or promotions without prior written consent, sales, or encourage any other commercial activities, including any "spam," "junk mail," "chain letter," contests, sweepstakes, and other sales promotions, barter, or advertising or any other similar solicitation.
9. Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by the Company, may harm the Company and/or users of the Website or expose them to liability.
10. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
11. Harass, bully, or use any language that could be classified as violent, defamatory, malicious, or rude.
12. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
13. Give the impression that they originate from or are endorsed by the Company or any other person or entity, if this is not the case.
14. Recruit or otherwise solicit any User to join third-party services or websites that are competitive to the Company, without the Company's prior written approval.
15. Contact another User regarding any Listing on the Website and subsequently facilitate a rental transaction independent of the Website in order to circumvent the obligation to pay any service fees.
16. Contact any other User for any purpose other than to ask a question related to an Accommodation or Listing, and/or for the express purpose of communicating about renting a property or unit, or the care and maintenance thereof.

The Company has the right to monitor and review all communications between Landlords and Tenants through the messaging platform. The Company has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

User Submissions: Grant of Licence

The Website may contain Interactive Functions allowing User Submissions on or through the Website.

None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant the Company and its affiliates and service providers, and each of their and the Company's 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 and according to your account settings and/or incorporate such material into any form, medium, or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to the Company. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, not the Company, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy.

User Submissions: Landlord Submission Standards

Users with a Landlord account will have the capability to submit certain information to create an informational post ("Listing") for properties available for lease ("Accommodation(s)"), as well as to prepare and/or process forms, documents, leases, notices, repair and maintenance requests, rent payments, and other such materials and submissions related to the properties, and to submit references for tenants.

To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including but not limited to the location, size, features, and availability of the Accommodation, pricing, and any other relevant information. In order to be featured on the Listings page of the Website, all Accommodations must have valid municipal addresses.

Any photograph or video of an Accommodation that a Landlord uploads to the Website shall become the property of the Company and the User waives all right and claims to the use, reproduction, distribution, copying, or other activity for any purpose.

The Company retains a right to and may use any photograph or video uploaded to the Website for advertising, marketing, commercial, and/or other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.

Any Landlord who creates a Listing represents and warrants that they will not be in breach of any agreements with third parties and that they are in compliance with all applicable laws, tax requirements, intellectual property laws, and rules and regulations.

The Company reserves the right, at any time and without prior notice, to remove, edit, or disable access to any Listing for any reason.

The Company recommends that Landlords obtain appropriate insurance for all Listings.

User Submissions: Tenant Submission Standards

Users with a Tenant account will have the capability to submit certain personal information to create a Tenant profile as well as the preparation and/or processing of forms, documents, notices, repair tickets, rent payments, and other such materials and submissions related to the Accommodation, and to submit references required by Landlords.

All Users with a Landlord account will have access to the information displayed on your Tenant profile. You are responsible for keeping your personal information up to date.

The use, reproduction, hosting, transmission, and disclosure of any User Submissions from Tenants must at all times be in compliance with the Company's Privacy Policy.

Relationship

By using the Website, creating an account, and/or posting any User Submissions, your relationship shall not be construed to be that of an employee, contractor, agent, joint venture, or partner of the Company in any way. By using the Website, you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of the Company.

References and Reporting

The Website may include a reference/rating function where Users have the capability to periodically submit references/ratings for a User in a different user category. By using this Website, you agree to be eligible for references/ratings. These references/ratings are User Submissions and solely reflect the opinions of Users.

If any Landlord or Tenant has an interaction in which one or both parties feel that the other party is acting or has acted inappropriately, you should immediately report such person to the appropriate authorities and then to the Company.

Feedback

The Company welcomes and encourages you to provide feedback, comments, and suggestions for improvements to the Website. You may submit feedback by emailing through the "About Us" section of the Website. All feedback that you provide will be the sole and exclusive property of the Company and you hereby irrevocably assign to the Company all of your right, title, and interest in and to all feedback.

Site Monitoring and Enforcement, Suspension, and Termination

The Company has the right, without provision of notice, to:

• Remove or refuse to post on the Website any User Submissions for any or no reason in its sole discretion
• Take such actions with respect to any User Submission deemed necessary or appropriate in its sole discretion
• Take appropriate legal action, including referral to law enforcement or regulatory authority
• Terminate or suspend your access to all or part of the Website for any or no reason, including any violation of these Terms and Conditions

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

No Reliance

The content on the Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the site.

The Company does not endorse any Listing or Accommodation. The Company makes no representations that photographs, videos, or other User Submissions relating to any Accommodation on the Website accurately depict the Accommodation in its current state.

Privacy

By submitting your personal information and using the Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with the Company's Privacy Policy, found at https://www.rentpanda.ca/privacy-policy.

By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns.

Third-Party Websites

For your convenience, this Website may provide links or pointers to third-party sites. The Company makes no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. The Company has no control over the contents of any such third-party sites and accepts no responsibility for such sites or for any loss or damage that may arise from your use of them.

Geographic Restrictions

The owner of the Website is based in Ontario in Canada. The Company provides this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS 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.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, 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.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, 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, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website.

Governing Law and Choice of Forum

The Website and these Terms and Conditions will be governed by and construed in accordance with 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 provision. Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions 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.

Contact Information

If you have any questions about these Terms and Conditions, please contact us at hello@rentpanda.ca.