Effective: January 29, 2021

BY ACCESSING THIS WEBSITE OR APPLICATION YOU AGREE TO THE TERMS OF SERVICE HEREIN. PLEASE READ THE TERMS OF SERVICE CAREFULLY. THE TERMS OF SERVICE (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TENANCY LTD. (“TENANCY LTD.”, THE “COMPANY”, “WE,” “US,” OR “OUR”). 

1. ACCEPTANCE OF THIS AGREEMENT 

Tenancy Ltd. provides an online platform serving two primary functions, with the first being a connection between the Users of the Site, who may be tenants, landlords, or property managers to share and find residential tenancy listings, and the second being, tools and functions permitting landlords, property managers, and others to property manage a residential tenancy or multiple residential tenancies. (the “Software”).  

If you access the website located at www.tenancy.ca (the “Site”) install or use Tenancy Ltd.’s mobile application (the “Mobile Application”), install or use any other Software supplied by Tenancy Ltd., or access any information, function, or service available or enabled by Tenancy Ltd. (each, a “Service” and collectively, the “Services”), or complete the Tenancy Ltd. account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:

(a) you have read, understand, and agree to be bound by this Agreement; 

(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Tenancy Ltd. (the “Minimum Age”); and 

(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.

The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Users may be, but need required to be, potential or existing tenants, landlords, or property managers. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use Tenancy Ltd.’s Services.

2. OUR ROLE  

The Site, Mobile Application, and Services provide only a neutral online platform which landlords, tenants, property managers, and other Users can use to find and exchange information in connection with residential tenancy listings and, if they choose, to arrange transactions with one another. Tenancy Ltd. does not counsel parties to such tenancy or real estate transactions, assess the qualifications of potential tenants, show properties, or negotiate rental or lease contracts. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between Tenancy Ltd. and any user of the Site or Services. 

You acknowledge that if you use the Services as a potential tenant of a property listed on the Site or Mobile Application, submitting an electronic rental or lease application in relation to a property listed on the Website, information that you submit through the Site (subject to the terms of the Privacy Policy) will be visible to listing parties associated with such property and used by them in assessing your qualifications as a tenant. 

We have no control over the conduct of our Users or the truth or accuracy of the information that users post on the Site. We do not endorse any persons who use or register for our Services, whether as tenants, landlords, property managers, or otherwise. We make no verification of information that any user submits to the Site. We make no representations about properties advertised on the Site, about the listing parties responsible for presenting such properties, about the accuracy of information provided by such listing parties, or about the financial capabilities of, or the accuracy of information provided by, prospective tenants.  

Although we may offer features through the Services (including through third-party service providers we engage) which are intended to assist listing parties and tenants to assess the appropriateness of, and to negotiate and consummate transactions among themselves, Tenancy Ltd. does not conduct any screening, background investigations or credit checks on any individual’s character, creditworthiness or rental history, nor any investigations of the existence or actual state of any property listed. All aspects of transactions between users of the Site, Mobile Application, and Services, including the existence, quality, safety or legality of the properties advertised, the truth or accuracy of listings, the ability of listing parties to rent a property or the ability of tenants to pay for rental properties are solely the responsibility of each User and therefore Users of the Site, Mobile Application, and the Services should perform all appropriate due diligence, including visiting in person any listed property, before entering into a lease or rental contract or any other transaction with respect to such property. We strongly discourage tenants from sharing sensitive confidential information directly with purported listing parties, or wiring funds to such parties, based solely on electronic solicitations from such parties.

3. MODIFICATIONS  

Tenancy Ltd. reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

4. ADDITIONAL TERMS AND POLICIES

By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Tenancy Ltd.’s Privacy Policy, which is incorporated in this Agreement by reference. Certain features of our Services may be subject to additional terms and conditions, which to the extent permitted by applicable law are incorporated herein by reference.

5. RULES AND PROHIBITIONS 

By using the Services, you agree that: 

(a) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, Tenancy Ltd. employees, or our community. 

(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other intellectual property rights or other rights of any third party, including privacy, personality or publicity rights. 

(c) You will only access the Services using means explicitly authorized by Tenancy Ltd.

(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services. 

(e) You will not use the Services to cause nuisance, annoyance or inconvenience.

(f) You will not use the Services as a platform to defraud other Users and fraudulently obtain funds through electronic or other methods. 

(g) You will not copy or distribute the Software or any content displayed through the Services for republication in any format or media. 

(h) You will not compile, directly or indirectly, any content displayed through the Services except for your personal, non-commercial use. 

(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request. 

(j) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services. 

(k) You will use the Software and Services only for your own use and will not directly or indirectly resell, license or transfer the Software, Services or content displayed by the Services to a third party. 

(l) You will not use the Services in any way that could damage, disable, overburden or impair any Tenancy Ltd. server, or the networks connected to any Tenancy Ltd. server. 

(m) You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any Tenancy Ltd. server. 

(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Tenancy Ltd. may use to prevent or restrict access to the Services or use of the Services or the content therein. 

(o) You will not deep-link to the Tenancy Ltd. website or access the Tenancy Ltd. website manually or with any robot, spider, web crawler, extraction Software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of the Tenancy Ltd. website or any content on the Tenancy Ltd. website. 

(p) You will not conduct any systematic retrieval of data or other content from the Services. 

(q) You will not try to harm other Users, Tenancy Ltd., or the Services in any way whatsoever. 

(r) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services. 

(s) You will not make any false representations on property listings, which includes deceitfully embellishing a property listing to make it more appealing to potential tenants. 

(t) You will not make any false representations in respect of tenancy or rental applications, which includes providing false information about your suitability as a tenant. 

6. INDEPENDENT USERS 

You understand and agree that Tenancy Ltd. provides a technology platform connecting you with Users, who may be, but need not required to be, tenants, landlords, and property managers. You acknowledge and agree that Tenancy Ltd. does not have any legal or beneficial interest in the real estate advertised by Users through the Services, Tenancy Ltd. is not contracted by any User to provide property management services for any real estate, and has no responsibility or liability for the acts or omissions of any actual or potential tenant, landlord, property manager, or other that uses the Services. Tenancy Ltd. is not a real estate brokerage or salesperson, real estate or financial adviser, or a property management provider. Tenancy Ltd. merely provides a technology platform connecting landlords, tenants, and property managers in respect of residential tenancy listings. Tenancy Ltd. will not assess or guarantee the suitability, legality or ability of any residential tenancy listing, landlord, tenant, or property manager. Tenancy Ltd. has no responsibility or liability for acts or omissions by any landlord, tenant, property manager, or other user. You agree that any lease or tenancy agreement that you enter into, which may be facilitated through the use of the Services, is strictly a contract between you and the parties to that agreement. You agree that Tenancy Ltd. does not acquire any ownership interest, whether legal or beneficial, in any tenancy agreement that you enter into with other Users through the use of the Services. 

7. USER ACCOUNTS 

You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify Tenancy Ltd. immediately. Tenancy Ltd. will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by Tenancy Ltd. or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Tenancy Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Tenancy Ltd. has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by Tenancy Ltd., or if you have been previously banned from use of the Services.

8. USER CONTENT 

(a) User Content. Tenancy Ltd. may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant Tenancy Ltd. a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with Tenancy Ltd.’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant Tenancy Ltd. a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to Tenancy Ltd. herein shall survive termination of the Services or your account. Tenancy Ltd. reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that Tenancy Ltd. may monitor and/or delete your User Content (but does not assume the obligation) for any reason in Tenancy Ltd.’s sole discretion. Tenancy Ltd. may also access, read, preserve, and disclose any information as Tenancy Ltd. reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Tenancy Ltd., its users and the public. 

(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to Tenancy Ltd. through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Tenancy Ltd. has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Tenancy Ltd. a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback. 

(c) Ratings and Reviews. To the extent that you are asked to rate and post reviews of other Users (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Tenancy Ltd. and do not represent the views of Tenancy Ltd. or its affiliates. Tenancy Ltd. shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the Merchant or business; (ii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Merchant or business; and (iii) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such User Content without notice.

9. COMMUNICATIONS WITH TENANCY LTD.  

By creating an Tenancy Ltd. account, you electronically agree to accept and receive communications from Tenancy Ltd., and third parties providing services to Tenancy Ltd. including via email, text message, calls, and push notifications to the cellular telephone number you provided to Tenancy Ltd. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the settings in your account. You may also opt-out of receiving text messages from Tenancy Ltd. by replying “STOP” from the mobile device receiving the messages.

10. INTELLECTUAL PROPERTY OWNERSHIP   

Unless otherwise indicated, the Software is Tenancy Ltd.’s proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and the Mobile Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, foreign jurisdictions, and international conventions. 

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site or Mobile Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site and the Mobile Application, you are granted a limited license to access and use the Site and the Mobile Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

11. PAYMENT TERMS    

(a) Generally. You may be required to pay fees to access certain features of the Services. All fees are in Canadian dollars and are non-refundable. If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

(b) Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service through the settings in your account; by contacting us at support@tenancy.ca.

12. DISPUTE RESOLUTION 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 15 days before initiating legal action. Such informal negotiations commence upon written notice from one Party to the other Party.

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the Province of Ontario and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction with respect to venue and jurisdiction in such courts.

13. THIRD-PARTY INTERACTIONS 

The Software may contain (or you may be sent via the Software) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

14. APP STORES  

You acknowledge and agree that the availability of the Application is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores, or other platforms where the application may be purchased or downloaded (“collectively known as, the “App Store”). You acknowledge and agree that this Agreement is between you and Tenancy Ltd. and not with the App Store. Tenancy Ltd., not the App Store, is solely responsible for the Software and the Services, including the Application and the Services, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or the Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement.

15. INDEMNIFICATION 

You agree to indemnify and hold harmless Tenancy Ltd. and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation legal and attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Software or Services; (c) your breach of this Agreement or any representation, warranty, condition or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal and attorneys’ fees incurred by the Indemnified Party. Tenancy Ltd. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tenancy Ltd. in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.

16. THIRD PARTY ACCOUNTS 

As part of the functionality of the Software, you may link your account with online accounts you have with third-party service providers such as social media accounts, calendar applications, e-mail services, and more (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. 

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Third Party Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Third Party Content may no longer be available on and through the Site.

You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Third Party Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Third Party Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. 

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

17. DISCLAIMER OF WARRANTIES 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. TENANCY LTD. MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. TENANCY LTD. DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TENANCY LTD. SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

18. INTERNET DELAYS

The Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in Tenancy Ltd.’s privacy policy or as otherwise required by applicable law, Tenancy Ltd. is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems.

19. BREACH AND LIMITATION OF LIABILITY 

(a) Cap on Liability. To the fullest extent permitted by applicable law, Tenancy Ltd.'s aggregate liability shall not exceed the greater of amounts actually paid by and/or due from you to Tenancy Ltd. in the six (6) month period immediately preceding the event giving rise to such claim.

(b) Disclaimer of Certain Damages. To the fullest extent permitted by applicable law, Tenancy Ltd. shall not be liable to you or anyone else for any indirect, punitive, special, exemplary, incidental, consequential, or other damages of any type or kind (including personal injury, lost profits, pain and suffering, emotional distress, and loss of data, revenue, use and economic advantage). The foregoing disclaimer of punitive and exemplary damages, and the entire disclaimer of damages for personal injury or property damage, or for any injury caused by Tenancy Ltd.'s fraud or fraudulent misrepresentation, shall not apply to users who reside in the state of New Jersey.

20. TERMINATION  

If you violate this Agreement, Tenancy Ltd. may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behaviour exists. In addition, at its sole discretion, Tenancy Ltd. may modify or discontinue the Software or Service, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, Tenancy Ltd. reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

21. GENERAL TERMS AND CONDITIONS 

(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, Tenancy Ltd. or any third party provider as a result of this Agreement or use of the Software or Services. 

(b) Choice of Law. This Agreement is governed by the laws of the Province of Ontario and the country of Canada.  

(c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. 

(d) Notice. Where Tenancy Ltd. requires that you provide an e-mail address, you are responsible for providing Tenancy Ltd. with your most current e-mail address. In the event that the last e-mail address you provided to Tenancy Ltd. is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Tenancy Ltd.’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Tenancy Ltd. through the following web form: support@tenancy.ca. Such notice shall be deemed given on the next business day after such e-mail is actually received by Tenancy Ltd. 

(e) Electronic Communications. For contractual purposes, you (1) consent to receive communications from Tenancy Ltd. in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Tenancy Ltd. provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This subparagraph does not affect your statutory rights. 

(g) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tenancy Ltd. without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns. 

(h) Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and Tenancy Ltd. relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Contractor.

Reach out to us and we'll do our best to help:

legalteam@tenancy.ca