RentalGauge Terms of Service
Last revised on May 10, 2018
By signing up for services at https://www.rentalgauge.ca/ or any of the services of RentalGauge Inc. or its affiliates (“RentalGauge”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by RentalGauge under the Terms of Service include various products and services to help you manage your real estate investment portfolio. Any such services offered by RentalGauge are referred to in these Terms of Service as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.rentalgauge.ca/Legal/terms_of_service.
RentalGauge reserves the right to update and change the Terms of Service by posting updates and changes to the RentalGauge website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a RentalGauge account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. RentalGauge may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that RentalGauge will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. RentalGauge cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of RentalGauge will result in an immediate termination of your services.
- RentalGauge Account
- Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Stripe Credit Card Processing and RentalGauge Service Fees
- Technical support is only provided to paying Account holders, or their subusers, and is only available via email. Users must provide their own technical support and training to their tenants.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in the City of Kingston of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service.
- You acknowledge and agree that RentalGauge may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on RentalGauge’s website, available at https://www.rentalgauge.ca/legal/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to RentalGauge’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the RentalGauge service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by RentalGauge.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and RentalGauge’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.rentalgauge.ca/Legal/terms_of_service will prevail.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any RentalGauge customer, RentalGauge employee, member, or officer will result in immediate Account termination.
- RentalGauge does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that RentalGauge employees and contractors may also be RentalGauge customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- RentalGauge retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, RentalGauge reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
- You expressly understand and agree that RentalGauge shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall RentalGauge or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, RentalGauge partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- RentalGauge does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- RentalGauge does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- RentalGauge does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- The failure of RentalGauge to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and RentalGauge and govern your use of the Service, superseding any prior agreements between you and RentalGauge (including, but not limited to, any prior versions of the Terms of Service).
- We do not claim any intellectual property rights over the Materials you provide to the RentalGauge service. All Materials you upload remains yours. You can remove your RentalGauge store at any time by deleting your Account.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow RentalGauge to store, and in the case of Materials you post publicly, display, your Materials; and (c) that RentalGauge can, at any time, review all the Materials submitted to its Service, although RentalGauge is not obligated to do so.
- You retain ownership over all Materials that you upload to a RentalGauge store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- RentalGaugeRentalGauge shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
- You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
- You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. RentalGauge will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and RentalGauge will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in Canadian dollars, and all payments shall be in Canadian currency.
- Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at RentalGauge’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Subscription page of your RentalGauge Dashboard profile. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
- If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to edit or add data to your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, RentalGauge reserves the right to terminate your Account.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of RentalGauge’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to RentalGauge of your exemption. If you are not charged Taxes by RentalGauge, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
- You may cancel your Account at anytime by emailing email@example.com and then following the specific instructions indicated to you in RentalGauge’s response.
- Upon termination of the Services by either party for any reason:
- RentalGauge will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to RentalGauge for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your store website will be taken offline.
- If you purchased a domain name through RentalGauge, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the RentalGauge Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, RentalGauge may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
- Prices for using the Services are subject to change upon 30 days’ notice from RentalGauge. Such notice may be provided at any time by posting the changes to the RentalGauge Site (rentalgauge.ca) or the administration menu of your RentalGauge store via an announcement.
- RentalGauge reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- RentalGauge shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
RentalGauge Inc. grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of property management and related services through our Website, strictly in accordance with our Legal Terms.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by RentalGauge Inc. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. RentalGauge Inc. aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of RentalGauge Inc., may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from RentalGauge Inc. RentalGauge Inc. prohibits use of any logo of RentalGauge Inc. or any of its affiliates as part of a link to or from any Website unless RentalGauge Inc. approves such link in advance and in writing. Fair use of RentalGauge Inc.’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
Links to Third-Party Websites
Our Website may contain links to Websites owned or operated by parties other than RentalGauge Inc. Such links are provided for your reference only. RentalGauge Inc. does not monitor or control outside Websites and is not responsible for their content. RentalGauge Inc.’s inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does RentalGauge Inc.’s inclusion of the links imply that RentalGauge Inc. is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
Postings on our Website are made at such times as RentalGauge Inc. determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. RentalGauge Inc. does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
No Warranties; Exclusion of Liability; Indemnification
OUR WEBSITE IS OPERATED BY RentalGauge Inc. ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RentalGauge Inc. SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. RentalGauge Inc. SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND RESULTING DATA OR OUTPUTS ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER RentalGauge Inc. OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, OUTPUTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL RentalGauge Inc.’ LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO RentalGauge Inc. FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
WITHOUT LIMITING THE FOREGOING, RentalGauge Inc. DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ACCOUNTANTS AND OTHER FINANCIAL AND BUSINESS ADVISORS FROM WHOM YOU PURCHASE SERVICES FOR ANY ADVICE AS REQUIRED. RentalGauge Inc. AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY SERVICES OFFERED THROUGH OUR WEBSITE.
RentalGauge Inc. MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.
You agree to defend, indemnify and hold RentalGauge Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website or any Services you purchase through it.