PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Rhenti Ltd. (“rhenti”) is an online platform that connects Property Owners who have Accommodations to rent with Renters seeking to lease such Accommodations, as well as ancillary services for Property Owners and Renters (collectively, the "Services"), which Services are accessible through rhenti.com, and through other websites which rhenti makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application"). The Site, Application and Services can be used to list Accommodations and Renter profiles (collectively, the “Listings") to facilitate the leasing transaction process.
"Accommodation" means residential and other properties.
"Collective Content" means Member Content and rhenti Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Property Owner" means a Member who creates a Listing via the Site, Application and Services.
"Listing" means a property that is listed by a Property Owner as available for rental via the Site, Application, and Services.
"Member" means a person who completes rhenti’s account registration process, including but not limited to Property Owners and Renters, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or rhenti promotional campaign to be made available through the Site, Application or Services.
“Rental Term” means the length of time a Property Owner has agreed to rent an Accommodation to a Renter.
"Renter" means a Member who attempts to rent a property from a Property Owner via the Site, Application or Services, by utilizing either the Auction process or some other means within the Site.
“Renter Score” means the score given to a Renter by rhenti’s proprietary scoring algorithm, which takes into account several key characteristics of each Renter.
“rhenti Ambassador” means an employee of rhenti who performs Accommodation verifications.
"rhenti Content" means all Content that rhenti makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that Accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Terms of Service
In accordance with these Terms, you understand and agree that: (1) rhenti is not a real estate broker, agent, insurer, booking agent or hosting platform, nor is it an owner or operator of properties. rhenti‘s responsibilities are limited to facilitating the availability of the Site, Application and Services. (2) rhenti has no control over the conduct of Property Owners or Renter. (3) As set forth in the Section entitled “Liability Limitations”, rhenti is not responsible for and disclaims any and all liability related to any and all listings and Accommodations to the maximum extent permitted by law. Lease Agreements will be made at the Property Owner and Renter’s own risk.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different Terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional Terms and conditions. If there is a conflict between these Terms and Terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter Terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
If you choose to create a listing on rhenti, you understand and agree that your relationship with rhenti is limited to being a member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of rhenti for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of rhenti. Rhenti does not control, and has no right to control, your listing, your offline activities associated with your listing, or any other matters related to any listing, that you provide. As a member, you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of rhenti, including by inappropriately using any rhenti intellectual property.
You acknowledge and agree that, by accessing or using the site, application or services or by downloading or posting any content from or on the site, via the application or through the services, you are indicating that you have read, and that you understand and agree to be bound by these Terms and receive our services, whether or not you have registered with the site and application. If you do not agree to these Terms, then you have no right to access or use the site, application, services, or collective content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Rhenti reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.Rhenti may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from rhenti vendors. Rhenti agrees not to share this information with any third party.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and renting of Accommodations. Such Accommodations are included in Listings on the Site, Application and Services by Property Owners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to rent an Accommodation or create a Listing, you must first register to create a rhenti Account (defined below).As stated above, rhenti makes available an online platform or marketplace with related technology for Renters and Property Owners to meet online and arrange for rentals of Accommodations directly with each other. Rhenti is not an owner or operator of properties, nor is it a provider of properties, and rhenti does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. Unless explicitly specified otherwise in the rhenti platform, rhenti ‘s responsibilities are limited to facilitating the availability of the Site, Application and Services.
In order to access certain features of the Site and Application, and to rent an Accommodation or create a Listing, you must register to create an account ("rhenti Account") and become a Member. You may register to join the Services directly via the Site or Application.Your rhenti Account and your rhenti Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one (1) active rhenti Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. rhenti reserves the right to suspend or terminate your rhenti Account and your access to the Site, Application and Services if you create more than one (1) rhenti Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your rhenti Account, whether or not you have authorized such activities or actions. You will immediately notify rhenti of any unauthorized use of your rhenti Account.
As a Member, you may create a Renter Profile. To create a Renter Profile, you will be asked a variety of questions about yourself, including, but not limited to, your age, education status and history, employment status and history, and current residential status history. You understand and agree that you must provide accurate information when creating your Renter Profile. If rhenti discovers that any of the information you have provided is inaccurate or misleading, rhenti may, at its sole discretion, shut down or suspend your rhenti Account.In an effort to complete your Renter Profile, you may elect to allow rhenti to conduct a credit check into your creditworthiness. You understand and agree that if you make this election, rhenti will utilize a 3rd party service to check into your financial history. rhenti represents and warrants that the result of this credit check will not be shared with any third party, and will only be used to inform your Renter Score.You may also elect to provide rhenti with uploaded reference letters, or referees to contact. You understand and agree that if you provide contact information for these referees that rhenti will contact said referees to collect additional information about you to inform your Renter Score. rhenti represents and warrants that the information collected from this process will exclusively be utilized to inform your Renter Score, will remain strictly confidential, and will not be licensed to or shared with third parties in any manner.
As a Member, you may create Listings. 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, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial Terms. You agree to provide accurate, current and complete information during the registration and Listing creation process and to update such information to keep it accurate, current, and complete.
In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Property Owner and Renter preferences, ratings and/or ease of booking.
If you have created a Listing, a rhenti Ambassador may visit the Accommodation within 1-3 business days to perform a verification. During this verification, the Ambassador will take photos and key measurements of the Accommodation. You understand and agree that the rhenti Ambassador will have to enter your property for up to 45 minutes to conduct the Verification. You agree to allow the Ambassador access to your Accommodation for that time period. The Ambassador’s photographs, measurements and descriptions will be used to populate your Listing on the Site, Application or Services.
Other Members will be able to rent your Accommodation via the Site, Application and Services based upon the information contained in your Listing, your Renter Score requirement, and Renters' search parameters and preferences.
You represent and warrant that any Listing you post and the renting of, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that rhenti assumes no responsibility for a Property Owner's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Rhenti reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that rhenti, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you are a Property Owner, you understand and agree that rhenti does not act as an insurer or as your contracting agent. If a Renter rents your Accommodation via rhenti, and stays at your Accommodation, any agreement you enter into with such Renter is between you and the Renter and rhenti is not a party to it, even though rhenti may provide the functionality to create said agreement within the Site, Application or Services.
rhenti recommends that Property Owners obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Renters (and the individuals the Renter invites to the Accommodation, if applicable) while at your Accommodation.
Consent to Syndicate and Manage Your Listings
As a Property Owner, you consent to rhenti syndicating your Listing(s) to other online and offline channels including, but not limited to: MLS, ViewIt.ca, Toronto Rentals, PadMapper.com, Facebook, Instagram, Kijiji.ca, Zumper, Zolo, and Condos.ca. In addition, the Property Owner grants rhenti the authority to manage the content and price on the indicated Listing(s), and any communications that arise from inbound interest from prospective Renters or their representatives. rhenti will request consent from the Property Owner to make material changes to the content and price of Listings.
Accepting or Rejecting Offers
Authority to accept or reject renters is at the sole discretion of the Property Owner. Property Owners may receive offers to lease alternatively from: (a) renters; and/or (b) registered real estate sales representatives (“realtors”) on behalf of renters. Accordingly, at no time is the Property Owner obligated to accept any offer to lease from a realtor-represented renter.In the event that an offer to lease from a realtor-represented renter is accepted by the Property Owner, an additional co-operating commission fee may apply over and above rhenti’s fees. Co-operating commission fees are typically 50% of one-month’s rent + HST, or less, or as otherwise indicated on the offer to lease.
In order to secure an Accommodation for the rental term specified, a Renter will be presented with a digitized copy of a Lease Agreement, customized to the specifications of the Property Owner, and will have to digital sign that Lease Agreement. A doubly executed copy (also signed by the Property Owner) will be sent via e-mail or mail service to both the Renter and the Property Owner once executed.This Lease Agreement encompasses the Terms and conditions that govern a Renters occupation of a Property Owner’s premises. In no way is rhenti a party to any of said Terms and Conditions; rhenti’s role is merely to facilitate and simplify the process of a Property Owner finding the right Renter for their Accommodation, and vice versa.
The Property Owner acknowledge and agree that rhenti and its partner brokerage Roxborough Realty Ltd. will handle and disburse the rent deposit in accordance with RECO (Real Estate Council of Ontario) and TREB (Toronto Real Estate Board) requirements upon lease signing of any rhenti listing that has been listed on MLS/Realtor.ca.
rhenti does not endorse any Member, Listing or Accommodation. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by rhenti of any Member, Listing or Accommodation.
Members are required by these Terms to provide accurate information. Although rhenti may, for transparency or fraud prevention or detection purposes, or to create a comprehensive Member profile, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "rhenti verified" only indicate that the Member has completed a relevant verification or identification process, and has been vetted by rhenti, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by rhenti about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. We therefore recommend that you always exercise due diligence and care when deciding whether to rent from a Property Owner or to have any other interaction with any other Member.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from rhenti with respect to such actions or omissions. This limitation shall not apply to any claim by a Property Owner against rhenti regarding the remittance of payments received from a Renter by rhenti on behalf of a Property Owner, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
Use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies rhenti endorsement, partnership or otherwise misleads others as to your affiliation with rhenti;
Dilute, tarnish or otherwise harm the rhenti brand in any way, including through unauthorized use of Collective Content, registering and/or using rhenti or derivative Terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to rhenti domains, trademarks, taglines, promotional campaigns or Collective ContentCopy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
Infringe the rights of rhenti or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rightInterfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
Use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
Use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Renter or Property Owner;
Offer, as a Property Owner, any Accommodation that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Property Owner if you are serving in the capacity of a rental agent or listing agent for a third party);
Offer, as a Property Owner, any Accommodation that may not be rented or subleased pursuant to the Terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
Register for more than one rhenti Account or register for an rhenti Account on behalf of an individual other than yourself;
Unless rhenti explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself;
Contact another Member for any purpose other than asking a question related to a Booking, Accommodation, Listing, or the Member's use of the Site, Application and Services;
Recruit or otherwise solicit any Property Owner or other Member to join third-party services or websites that are competitive to rhenti, without rhenti's prior written approval;
Recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
Use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
Use the Site, Application, Services or Collective Content to find a Property Owner or Renter and then complete a booking of an Accommodation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to rhenti's provision of the Services or for any other reasons;
Engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
Systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
Use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, rhenti's name, any rhenti trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without rhenti's express written consent;
Access, tamper with, or use non-public areas of the Site, Application or Services, rhenti's computer systems, or the technical delivery systems of rhenti's providers;
Attempt to probe, scan, or test the vulnerability of any rhenti system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by rhenti or any of rhenti's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
Advocate, encourage, or assist any third party in doing any of the foregoing; or
Accept or make a payment for Accommodation Fees outside rhenti Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold rhenti harmless from any liability for such payment.
rhenti has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, rhenti may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) or rhenti Account, for a violation of this Section or these Terms.
Rhenti may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against rhenti or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of rhenti, its users, or members of the public. You acknowledge that rhenti has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Rhenti reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that rhenti, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you stay with or rent to anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to rhenti by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of rhenti and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of rhenti used on or in connection with the Site, Application, Services, and rhenti Content are trademarks or registered trademarks of rhenti in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and rhenti Content are used for identification purposes only and may be the property of their respective owners. As a Property Owner, Renter, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content.
rhenti Content and Member Content License
Subject to your compliance with these Terms, rhenti grants you a limited, non-exclusive, non-transferable license, to (i) access and view any rhenti Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by rhenti or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through rhenti promotional campaigns, you hereby grant to rhenti a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Rhenti does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through rhenti promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through rhenti promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to rhenti the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or rhenti's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or rhenti promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of rhenti and you hereby irrevocably assign to rhenti and agree to irrevocably assign to rhenti all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At rhenti's request and expense, you will execute documents and take such further acts as rhenti may reasonably request to assist rhenti to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Rhenti respects copyright law and expects its users to do the same. It is rhenti's policy to terminate in appropriate circumstances the rhenti Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Term and Termination, Suspension, and Other Measures
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day Terms until such time when you or rhenti terminate the Agreement as described below.
Termination for Convenience
You may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. If you are accepting rental payments through the Site, you may not cancel the account until the Rental Term has ended, though you may send us an email instructing us to cancel your account upon that future date.Without limiting our rights specified below, rhenti may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.
Termination for Breach, Suspension, and Other Measures
Rhenti may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the rhenti Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) rhenti believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, rhenti or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition rhenti may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your rhenti Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your rhenti Account, or temporarily or permanently suspend your rhenti Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Property Owners or Renters, or (ii) rhenti believes in good faith that such action is reasonably necessary to protect the safety or property of Members, rhenti or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by rhenti and an opportunity to resolve the issue to rhenti's reasonable satisfaction.
If we take any of the measures described above we may (i) communicate to your Renters or Property Owners that a pending or confirmed booking has been cancelled, (ii) refund your Renters in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, (iii) support your Renters, on an exceptional basis, in finding potential alternative Accommodations, and (iv) you will not be entitled to any compensation for confirmed bookings that were cancelled.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your rhenti Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your rhenti Account has been suspended or this Agreement has been terminated by us, you may not register a new rhenti Account or attempt to access and use the Site, Application and Services through other rhenti Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the site, application, services or collective content or participate in the referral program, you do so at your sole risk. You acknowledge and agree that rhenti does not have an obligation to conduct background or registered sex offender checks on any member, including, but not limited to, renters and property owners, but may conduct such background or registered sex offender checks in its sole discretion. If we choose to conduct such checks, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future.
The site, application, services, collective content and referral program are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, rhenti explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Rhenti makes no warranty that the site, application, services, collective content, including, but not limited to, the listings or any accommodations, or the referral program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Rhenti makes no warranty regarding the quality of any listings, accommodations, property owners, renters, your accrual of rhenti travel credits, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, application, services or referral program.
No advice or information, whether oral or written, obtained from rhenti or through the site, application, services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, any property owners or renters. You understand that rhenti does not make any attempt to verify the statements of users of the site, application or services or to review or visit any accommodations. Rhenti makes no representations or warranties as to the conduct of users of the site, application or services or their compatibility with any current or future users of the site, application or services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, renters and property owners, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by rhenti. Rhenti explicitly disclaims all liability for any act or omission of any renter or other third party.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and collective content, your listing or booking of any accommodations via the site, application and services, your participation in the referral program, and any contact you have with other users of rhenti whether in person or online remains with you. Neither rhenti nor any other party involved in creating, producing, or delivering the site, application, services, collective content or the referral program will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, application, services or collective content, from any communications, interactions or meetings with other users of the site, application, or services or other persons with whom you communicate or interact as a result of your use of the site, application, services, or your participation in the referral program or from your listing or booking of any accommodation via the site, application and services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not rhenti has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable property owners pursuant to these terms, in no event will rhenti's aggregate liability arising out of or in connection with these terms and your use of the site, application and services including, but not limited to, from your listing or booking of any accommodation via the site, application and services, or from the use of or inability to use the site, application, services, or collective content or your participation in the referral program and in connection with any accommodation or interactions with any other members, exceed the amounts you have paid or owe for bookings via the site, application and services as a renter in the twelve (12) month period prior to the event giving rise to the liability, or if you are a property owner, the amounts paid by rhenti to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred canadian dollars (cad$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between rhenti and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend, indemnify, and hold rhenti and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Accommodation; and (e) your participation in the Referral Program or your accrual of any rhenti Travel Credits.
Except as they may be supplemented by additional rhenti policies, guidelines, standards, or Terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between rhenti and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any bookings or Listings of Accommodations made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between rhenti and you regarding bookings or listings of Accommodations, the Site, Application, Services, and Collective Content (excluding Payment Services).
You may not assign or transfer these Terms, by operation of law or otherwise, without rhenti's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Rhenti may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by rhenti (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the Province of Ontario and Canada, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Toronto, Ontario, Canada for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
The failure of rhenti to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of rhenti. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
Contacting rhentiIf you have any questions about these Terms, please contact rhenti at firstname.lastname@example.org.