Terms of service
Your use of the Services offered by Rentling. or any of its affiliates (referenced here as “Rentling”, “us”, “we”, or “our”) is governed by this agreement between you and Rentling.
BY USING THE SERVICES, OR BY CLICKING THE “I ACCEPT” BUTTON, YOU:
(1) AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE FROM TIME TO TIME;
(2) REPRESENT AND WARRANT THAT, IF YOU ARE AN INDIVIDUAL, YOU ARE 18 YEARS OLD OR OLDER OR, IF YOU ARE AN ENTITY, THAT YOU ARE A CORPORATION, PARTNERSHIP, OR OTHER LEGAL ENTITY DULY FORMED (AND INCORPORATED, IF APPLICABLE) IN GOOD STANDING; AND
(3) REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND PERFORM ACTS AS REQUIRED BY YOU UNDER THIS AGREEMENT. IF YOU ARE A THIRD PARTY ACCESSING AN ACCOUNT ON BEHALF OF A PAYEE (E.G., AS AN ADMINISTRATOR, CONSULTANT, ANALYST, ETC.), YOU AGREE THAT THESE TERMS APPLY, MUTATIS MUTANDIS, TO YOUR ACTIVITIES ON BEHALF OF SUCH PAYEE.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT USE THE RENTLING SERVICES.
(a) “Account Profile” means a User’s account created that uniquely identifies that User;
(c) “Business Days” means any day, other than a Saturday or Sunday, or midweek holiday in any area around the globe;
(d)“Force Majeure” means any act, occurrence, condition or event beyond the control of a party that materially affects the performance of that party’s obligations under this Agreement that could not reasonably have been foreseen or provided against, including such events as fires, telecommunications or utility or power failures, governmental or quasi- governmental acts, equipment failures, labour strife, riots, war, non-performance of our vendors or suppliers, acts of God, but not including general economic conditions;
(e)“Indemnified Parties” means, collectively, Rentling and its subsidiaries, parent companies, affiliates, officers, directors, agents, employees, consultants, customers, suppliers, and other representatives, and the officers, directors, agents, employees, consultants, customers, suppliers, and other representatives of its subsidiaries, parent companies, and affiliates;
(f)“Landlord” means the person (including without limitation a corporation, partnership, or other business entity) with whom you have a (rental)lease or similar agreement in connection with which you are using or intend to use the Services to facilitate Payment;
(g)“Payment” means a bank transfer you have initiated, or we initiate on your behalf;
(h)“Payment Amount” refers to the aggregate value of a Payment exclusive of the Service Fee;
(i)“Property Manager” means a person or entity who collects one or more Payments on behalf of a Landlord;
(k)“Service Fee” means the fee charged by Rentling to you when you use the Services.
(l)“Services” means the internet Payment services offered through the Website;
(m)“User” means a person or entity that has entered into this Agreement and uses or intends to use the Services; and
(m)“Website” means the website located at www.Rentling.group and all related webpages, mobile applications, software, or any other platforms or applications as may be offered by Rentling from time to time.
2. ELIGIBILITY AND YOUR ACCOUNT
2.1 Rentling Service
Subject to the terms of this Agreement and when offered by us, you may use our Services to make Payments through the Website.
2.2 Your Account
When you enroll to use our Services, you will create a Rentling account and provide any information required by us to create and utilise an Account Profile. You agree to keep the information in your Account Profile current and up-to-date. You may opt out of communications, deactivate your account, and/or remove payment details from your account but your payment history, username, password, and other account history will remain in our possession.
To be eligible to use our Services, you must be either (1) an individual at least 18 years old who is able to form legally binding contracts under applicable law in your jurisdiction; or (2) a corporation, partnership, or other legal entity duly formed (and incorporated, if applicable), in good standing, and have the power and authority to enter into this Agreement and perform the acts as required by you under this Agreement. You may use the Services on your own behalf or as the authorized representative of a corporation or other entity registered to conduct business in the same province in which you are resident. No machines, scripts, or other automated services may be used to access or use the Services.
2.4 Identity Authentication
You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity.
3. MAKING PAYMENTS
3.2 Service Fee
Rentling charges you a non-refundable Service Fee. Service Fees are deducted from or adjusted against Payment amounts.
3.3 Payment Delays and Non-Completion
Since Payment processing times depend on administrative factors and institutional backlogs beyond our control, Payments submitted may take up to seven Business Days (and in rare cases, even longer) to complete. Delays are beyond the control of Rentling.
In the event that a Payment is unable to be completed, we will attempt to notify you at least once through our Website or using the contact information in your Account Profile. In the case of such delay or non-completion any liability created as a result of such delay is the responsibility of the applicable User, and not of Rentling. Any penalties, late fees, and interest charges applied against a late Payment are solely the responsibility of the User. If a Payment is not completed, you are not entitled to a return of any Service Fees charged by us, irrespective of the reason for non-completion.
3.5 Payment Limits
We may, at our sole discretion, impose limits on any Payment Amount you can send through our Services.
3.6 Insufficient Funds or Credit
Notwithstanding any other provision, you are solely responsible for the Payment to your Landlord or Property Manager. Any failure in relation to making a payment to your Landlord or Property Manager is your sole responsibility and Rentling is not liable, in any way, for your failure or inability to make Payments. This includes, but is not limited to, any situation where you have insufficient funds or credit available to make a Payment to your Landlord or Property Manager as a result of Rentling charging any applicable Service Fees for use of the Services.
3.7 Default and Fraudulent Transactions
If any single transaction is investigated and is determined to be fraudulent, in Rentling sole discretion, Rentling may terminate the relevant User’s account and such default and fraudulent transaction may be reported to legal authorities.
4. RECEIVING PAYMENTS
Before using our Services, you must establish an Account Profile on terms satisfactory to us, and you must provide us with the material details we may require for the completion of your Account Profile. Only users who have entered into this Agreement are eligible to receive Payments through our Services.
It is your responsibility to determine what, if any, taxes apply to the Payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Rentling is not responsible for determining whether taxes apply to your Payment transaction, or for collecting, reporting or remitting any taxes arising from any Payment transaction. You agree to pay to Rentling any taxes or similar payments which Rentling indicates are owing by you in relation to any Service Fees or other Services that we may provide to you.
5. YOUR CONDUCT
In connection with your use of our Website and our Services, you agree to:
(a) use Services exclusively for the remittance of rental fees, and not for the remittance of any other types of payments, unless otherwise agreed to between you and Rentling;
(b)not act in a manner that is defamatory, libelous, threatening, or harassing to any person (including without limitation any corporation, partnership, or entity) at any time for any reason whatsoever;
(c)provide accurate and updated information to us at all reasonable times;
(d)comply in all respects with this Agreement and any other agreements that you have entered into with us;
(e)comply with all applicable international, federal, provincial, and local laws and regulations;
(f)not register or make use of multiple Rentling accounts without our prior written consent;
(g)not infringe ours or any third party’s copyright, patent, trade-mark, trade secret, or other intellectual property rights, or rights of publicity or privacy;
(h)provide, if requested, confirmation of your identity or any other information you have provided to us, and to cooperate with any investigations of the same by us or our third party delegates;
(i)respond in a reasonable and timely fashion to our communications;
(j)not introduce or facilitate the use or spread of any viruses, trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information;
(k)not use any robot, spider, other automatic device or manual process to monitor or copy our Website without our prior written consent;
(l)not use any device, software, or routine to bypass our robot exclusion processes or to interfere, or attempt to interfere, with our Website or our Services; and
By using the Services, you confirm the existence of a tenancy relationship at the address indicated for the rental payment. Rentling reserves the right to report any potential or suspicious money laundering activity in compliance with applicable law.
5.3 Suspected Fraud
IF Rentling HAS REASON TO BELIEVE, IN ITS SOLE DISCRETION, THAT YOU OR OTHERS MAY ENGAGE OR MAY HAVE ENGAGED IN ANY CRIMINAL OR CIVIL VIOLATION OF APPLICABLE LAWS, Rentling MAY CEASE TO PROVIDE YOU THE SERVICES, AND WILL CONTACT THE APPROPRIATE ADMINISTRATIVE AND LAW ENFORCEMENT AUTHORITIES. YOU AGREE TO COOPERATE FULLY WITH ANY SUCH INVESTIGATIONS.
You grant to us a limited, non-exclusive, and revocable licence to access and use all information and data that you provide in connection with your use of our Services. You agree not to co-brand, frame, link, or resell any portion of our Services without our prior written consent.
“Rentling”, all related logos, marks, symbols, and words on our Website (including the Services) are properties of Rentling. In addition, all content and materials on our Website, including without limitation Website page headers, custom graphics, button icons, and scripts, are our intellectual property. You may not copy, imitate, or use any of the foregoing without our prior written consent.
7.SECURITY AND ELECTRONIC COMMUNICATION
7.1Unsecure Electronic Channels
You accept full responsibility for all risks associated with electronic communications between us, including, without limitation, the risk that such communications may be delivered to the wrong person, intercepted, lost, or altered by a third party.
7.2Access to Account
You are responsible for ensuring that the Services and your Rentling account will only be used by you. You agree that any electronic communications made by you or purporting to have been made on your behalf will be binding on you. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other electronic device through with you access our Website and our Services, and you agree to accept responsibility for all activities that occur under your account or password.
7.3Notice of Unauthorized Use
You agree to notify us immediately if you know or reasonably ought to know that an unauthorized person is accessing or may access our Services (through your Rentling account or otherwise) or if you become aware of any actual or threatened use of our Services in a manner contrary to this Agreement.
There may be links on our Website to websites, applications, or platforms not owned or operated by us. We make no representations about, do not endorse, and are not responsible for the content, products, services, privacy policies, or practices relating to such other websites, applications, or platforms. We are not responsible for any losses realized by you or claims made against you relating to your use of such other websites, applications, or platforms.
Electronic records and other information maintained by us regarding any electronic communications with you will be admissible in any legal, administrative, or other proceedings as conclusive evidence of the contents of those communications in the same manner as an original paper document, and you waive any right to object to the introduction of any such record or other information into evidence on that basis.
When you use our Services, or send e-mails and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on our Website or through our Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9.INDEMNIFICATION; LIMITATION OF LIABILITY; WARRANTIES
9.1 Indemnification and Release
You agree to indemnify and hold harmless each of the Indemnified Parties from any claim or demand made against such Indemnified Parties or any third parties (including reimbursement of reasonable legal costs incurred) due to or arising out of your use of our Services or our Website, your breach of this Agreement, or your violation of any law or right of any third party.
9.2 Limitations of Liability
IN NO EVENT SHALL ANY INDEMNIFIED PARTY BE LIABLE FOR LOST PROFITS, BUSINESS, REVENUE, OR CUSTOMERS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, DISCLOSURE, OF INFORMATION OR LOSS OF PRIVACY), HOWEVER ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES OR THIS AGREEMENT INCLUDING NEGLIGENCE EVEN IF Rentling HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANYTHING TO THE CONTRARY NOTWITHSTANDING, THE CUMULATIVE LIABILITY OF ALL INDEMNIFIED PARTIES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED IN TOTAL TO THE LESSER OF (A) THE AMOUNT OF SERVICE FEES YOU PAID TO Rentling IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO AN ALLEGED LIABILITY AND (B) FIFTY DOLLARS, AS THE SOLE AND EXCLUSIVE REMEDY.
9.3 No Warranty
OUR SERVICES ARE PROVIDED AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, OF ANY KIND. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, OR SECURE ACCESS TO ANY PART OF OUR SERVICES.
9.4 No Jury or Class Action
10.1 Termination by Rentling
We may, in our sole discretion and without penalty or liability whatsoever, terminate this Agreement or your access to our Services for any reason and at any time.
10.2 Post-Termination Transition
All monetary and non-monetary obligations of the parties owing or to be performed or discharged prior to the date of termination or expiration shall survive termination until such obligations have been performed or discharged.
Unless otherwise specified, all dollar amounts referred to in this Agreement are in Canadian dollars.
Rentling is an independent service provider. Nothing contained in this Agreement will create a partnership, joint venture, principal-and-agent relationship, or any similar relationship between you and Rentling or between or among Rentling and any other User or third party.
11.3 Third-Party Providers
11.4 Features and Functionality
You understand that the Services may change over time as we refine and add more features or content. We reserve the right to update, modify, or discontinue the features, functionality, content, or other aspects of the Services at any time, with or without notice, in our sole discretion. Any changes to our current Services, including the release of new tools and resources, shall be subject to this Agreement. We do not guarantee the availability of the Services or other benefits contained therein, and they are all subject to change at any time without notice.
11.5 Entire Agreement
This Agreement constitutes the entire agreement between you and Rentling relating to the subject matter of this Agreement; it supersedes and replaces any previous or contemporaneous agreements and discussions between you and Rentling.
11.6 Representation and Warranty
You represent and warrant that your execution of and performance under this Agreement (a) in no way breaches, contravenes, violates, or in any manner conflicts with any of your other legal obligations, including, without limitation, your corporate charter or similar document, if applicable, or any agreement between you and any third party; and (b) has been duly authorized by all necessary actions and does not require any consent or other action by or in respect of any third party.
In order to be effective, notice pursuant to this Agreement must be given as follows:
(a) notice to you may be given by electronic mail to the email address stated in your Account Profile, or by posting such notice on our Website, whether addressed specifically to you or more generally to users of our Website or our Services; and
(b) except as otherwise stated in this Agreement, notice to us must be sent by postal mail to [insert snail mail address], with an electronic mail copy to info@Rentling or such other email address as we may indicate to you from time to time, and such notice is effective on the fourth Business Day following the day on which it is postmarked.
The invalidity or unenforceability of any particular provision of this Agreement will not affect or limit the validity or enforceability of the remaining provisions.
11.9 Governing Law
This Agreement is governed by, and is to be interpreted, construed and enforced in accordance with, the laws of British Columbia and the laws of Canada applicable in British Columbia, excluding any rule or principle of conflicts of law that may provide otherwise. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
The parties irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts and appellate courts of the Grand Duchy of Luxembourg with respect to any legal action or proceeding which may be brought at any time relating in any way to this Agreement except for applications for injunctive relief or specific performance by Rentling. Each of the parties irrevocably waives any objection it may now or in the future have to the venue of any such action or proceeding, and any claim it may now or in the future have that any such action or proceeding has been brought in an inconvenient forum. Jurisdiction and venue under this Agreement shall lie in the Grand Duchy of Luxembourg.
11.11 Binding Effect; Assignment
This Agreement ensures to the benefit of and binds the parties’ respective heirs, executors, administrators, and other legal representatives, successors and permitted assigns. You may not assign this Agreement without our prior written consent. We may assign this Agreement to a third party upon notice to you.
This electronic Agreement and any other materials incorporated herein will be:
(a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing;
(b)legally enforceable as a signed writing as against the parties subject to the electronic documents; and
(c)deemed an “original” when printed from electronic records established and maintained in the ordinary course of business.
Electronic documents introduced as evidence in any judicial, arbitration, mediation, or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
We may amend this Agreement from time to time at our discretion. You accept responsibility for reviewing all communication about this Agreement on our Website and acknowledge you will be deemed to have agreed to the terms of amendments communicated on our Website if you continue to use our Services.
11.14 Professional Advice
Any information provided to you by us is merely guidance and you agree that it does not constitute professional advice. You should consult with professional accounting, tax, legal, and other advisors before deciding to use our Services.
A waiver to this Agreement shall not be effective unless it is in writing and signed (electronic signatures permitted) by the party against whom the waiver is being enforced.
The provisions of Sections 1, 4, 5, 6, 8, 9, 10.2, and 11 of this Agreement shall survive termination and expiration of the Agreement.
11.17 Force Majeure
We are not responsible for damages caused by delay or the failure to perform any of our obligations under this Agreement when the delay or failure is the result of Force Majeure.
The parties confirm that this Agreement, as well as any other documents relating to this Agreement, have been and shall be prepared in the English language only.