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Updated as of July 2, 2020
If you access only the Rentsync Tours tool through our platform, Rentsync will collect your name and the telephone number and email address that you provided by using the Rentsync Tours tool and will transmit them to the landlord that is identified in the Rentsync Tours tool and for no other purpose. The landlord identified in the Rentsync Tours tool is an Rentsync licensee subject to the following Terms of Use. Some of these terms may apply to you. If you disagree with any of the Terms of Use, do not access the Rentsync Tours tool. If you have any questions about the Terms of Use, please contact us at the address in our Privacy Policy.
Thank you for considering Rentsync's products and services for your business. We are confident that when you use our suite of products and services you will experience efficiencies in operating your website for the rental of properties and managing and running your tenancy operations overall (the "Purpose").
These Terms of Use apply to all products and services including, but not limited to the Rentsync Platform, RentSync's Listing Management product, Rentsync email tracking, Rentsync call tracking, and Neighbourhood Explorer (each a "Product").
By accessing a Product, Rentsync grants you a personal, non-exclusive, royalty-free and non-assignable license to use that Product under the terms herein and the Rentsync Privacy Policy (attached and to be read in conjunction with these Terms of Use) and you agree to be bound by all such terms and conditions. If you do not agree with these terms and conditions, do not access or use the Product.
You may not copy, modify, distribute, make derivative works, sell or lease any part of a Product nor may you reverse engineer or attempt to extract the source code of that software. All intellectual property rights including title in a Product, trademarks, trade names and other interests in a Product belong exclusively to Rentsync and its suppliers and service providers.
Our Products operate in combination with your website. Accordingly, information that is disclosed to you from anyone who accesses your site (a "Discloser") or that you may collect, use or disclose once it is under your control may flow through the Product or on Rentsync's platforms or systems. The information may vary depending on the Discloser or your requirements. For instance, a prospective tenant may need to provide you with information related to employment history or financial means while a current tenant may need to provide you with the names of all occupants in an apartment or some banking information. These types of information may be characterized in the applicable legislation as "Personal Information" and become subject to such legislation.
As the "data controller", you may grant access (directly or indirectly) to a Product to Disclosers, tenants, your employees or advisors or others (collectively the "Users"). When you allow a User to access a Product, you are responsible for (i) determining what Personal Information may be disclosed to whom and how such Personal Information will be disclosed, (ii) determining the extent of the use or access to a Product by each User and (iii) ensuring your and the Users' compliance with the obligations under all legislation applicable to Personal Information such as PIPEDA and GDPR. Of course, if any User elects not to disclose some Personal Information, you will ensure that such Personal Information does not come through the Product. Without limiting your obligations under applicable law, you are responsible for providing full disclosure to your Users and obtaining their consent with respect to any use or disclosure of Personal Information obtained from them in connection with your use of any Products.
When you upload, submit, store, send or receive content to or through a Product, you give Rentsync (including its affiliates) a license to use, host, store, reproduce, publish and distribute such content in a manner consistent with these terms of Use and the Privacy Policy.
In all cases, Rentsync and its service providers (such as providers of hosting services) and third party service providers selected and retained by you (such as credit check organizations) will be deemed to be and will act as "data processors"; these Terms of Use or similar terms apply to such service providers as well. Accordingly, you are responsible for ensuring that any of your service providers comply, to the extent applicable, with the same obligations to which you are subject under these Terms of Use and the Privacy Policy. Also, if your use of any of our Products requires you to access or use any products or services offered by any of our service providers, you agree to be bound by any terms of use imposed on you by our service providers.
Like many site operators, we may also collect data by the use of cookies or similar technologies to identify the browser or device that accesses your site or information that browsers send whenever a person visits our site ("Log Data"). This Log Data may include information such as a computer's Internet Protocol address, browser type, browser version, the pages of our site that are visited, the time and date of the visit, the time spent on those pages and other statistics. We may use our analytics functions or those of a third party service such as Google Analytics ™ that collect, monitor and analyze the above. The Log Data will be used to improve our Products, the levels of service and our Product support.
The security of Personal Information is important to us, but you and your Users should understand that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect Personal Information such as active monitoring and malicious activity detection, firewall protection at the network level and encrypted passwords, we cannot guarantee absolute security.
TO THE EXTENT ALLOWED BY LAW, RENTSYNC AND ITS AFFILIATES AND SERVICE PROVIDERS (I) DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS INCLUDING MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT OF A PRODUCT (II) DO NOT GUARANTEE THAT A PRODUCT WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND THAT DATA ON THE RENTSYNC SYSTEM WILL BE RECOVERED IN THE CASE OF AN INTERRUPTION (III) DO NOT GUARANTEE THAT ANY PRODUCT IS ERROR FREE AND THAT ALL DEFECTS WILL BE CORRECTED; AND (IV) PROVIDE ALL PRODUCTS STRICTLY ON AN "AS IS" BASIS.
Rentsync and its Affiliates and Service Providers shall not be liable to you or your Users for (i) any indirect, incidental, special, consequential or punitive damages, (ii) any loss of data, or (iii) any lost opportunities, profits or revenues related to any Product.
In case of a claim, the liability of Rentsync, its Affiliates or the Service Providers shall be limited to direct damages only and shall not exceed, in the aggregate for all claims, an amount that is the lesser of (a) three (3) times the monthly fees you paid for the Product that is the subject of the claim or (b) one thousand dollars ($1,000.00).
The limits set out in the section above shall not apply to any loss or damage relating to (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation and (iii) any type of liability that cannot be limited or excluded by law.
You may, at any time upon notice to us, terminate your use of a Product unless otherwise agreed with Rentsync.
These Terms of Use are effective as of the date stated above and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect as stated below.
We reserve the right to update or change our Terms of Use at any time and you should check this page periodically. If we change the Terms of Use, we will provide a notice of sixty (60) days on the website for the affected Product. Your continued use of the affected Product after the end of the notice period will constitute your acknowledgement of the modifications and your consent to abide and be bound by the modified Terms of Use.
We reserve the right to add new Products or to modify the features and specifications of any existing Products. Your access or use of any new Product at any time will constitute your acceptance that these Terms of Use and the Privacy Policy applies to that new Product. Your continued access or use of any existing Product after any modifications to its features and specifications constitutes your acceptance of the changes.
We reserve the right to discontinue any of our Products on thirty (30) days' notice to you, but will do so only if we discontinue that Product for our other customers. We also reserve the right to terminate your right to use any Product if you are in material breach of your obligations to us, including your obligations under these Terms of Use or Privacy Policy.
You acknowledge that if we are obligated by law, such as by court order, warrant or subpoena, to disclose certain information (including Personal Information collected from or related to Users), then we shall be permitted to do so. You also acknowledge that we may use or disclose any information provided to us, to the extent reasonably necessary to enable us to enforce our legal rights, including under these Terms of Use or Privacy Policy.
These Terms of Use and Privacy Policy are governed by the laws of Ontario and the laws of Canada applicable in the Province of Ontario. You agree that the courts of the Province of Ontario have jurisdiction over any claims or proceedings that may arise under these Terms of Use or Privacy Policy.
If you have any questions about these Terms of Use, please contact us.