Terms & Conditions of Use Terms

1. Introduction

These terms and conditions of use (“Terms and Conditions”) explain how you may use this Website made available by Red Alert Housing Corp. (“RAH”). References in these Terms and Conditions to the Website includes the following website: https://dev.rahousing.com/ and all associated web pages. You should read these Terms and Conditions carefully before using the Website.

By accessing or using this Website or otherwise indicating your consent, you agree to be bound by these Terms and Conditions and the documents referred to in them. If you do not agree with or accept any of these Terms and Conditions, you should cease using the Website immediately. If you have any questions about this Website, please visit Contact page.

RAH reserves the right to amend, modify and supplement these Terms and Conditions from time to time as it sees fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Website (“Additional Terms”). By accessing and using the Website, you accept and agree to comply with and be bound by such Additional Terms. Please review these Terms and Conditions from time to time to ensure that you are aware of and understand any Additional Terms. The Additional Terms and Privacy Policy (located on the Website) are hereby incorporated by reference into these Terms and Conditions and form part of the legally binding agreement between you and us.

2. Definitions

“Additional Terms” means any amendments, additions or deletions to the Terms and Conditions.

“Agreement” means these Terms and Conditions.

“Landlord” means (a) the owner of a rental unit or any other person who permits occupancy of a rental unit, other than a tenant who occupies a rental unit in a residential complex and who permits another person to also occupy the unit or any part of the unit, (b) the heirs, assigns, personal representatives and successors in title of a person referred to in clause (a), and (c) a person, other than a tenant occupying a rental unit in a residential complex, who is entitled to possession of the residential complex and who attempts to enforce any of the rights of a landlord under a tenancy agreement under this Act, including the right to collect rent (as that term is defined in the Residential Tenancies Act (Ontario)), or is otherwise a Landlord.

“Tenant” includes a person who pays rent in return for the right to occupy a rental unit and includes the tenant’s heirs, assigns and personal representatives, but “tenant” does not include a person who has the right to occupy a rental unit by virtue of being, (a) a co-owner of the residential complex in which the rental unit is located, or (b) a shareholder of a corporation that owns the residential complex (as that term is defined in the Residential Tenancies Act (Ontario)).

“User” or “You” means either a Landlord or Tenant accessing and using the Website.

“User Content” means any ratings, reviews or information that a User publicly displays on the Website.

“We”, “Us”, or “Our” means RAH.

“Website” means the RAH Website.

“Website Materials” means any logos, designs, text and the selection and arrangement thereof on the Website, other than User Content.

3. Provision of the Website by RAH

You acknowledge and agree that the form and nature of the Website may change from time to time without prior notice to you.

You acknowledge and agree that RAH may stop (permanently or temporarily) providing the Website (or any features within the Website) to you or to Users generally, at RAH’s sole discretion, without prior notice to you. You may stop using the Website at any time. You do not need to inform RAH when you stop using the Website or any of its features.

You acknowledge and agree that if RAH disables access to your account, you may be prevented from accessing the Website, your account details or any files or other content which is contained in your account.

4. Use of the Website

Your use of the Website is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Website, or knowingly condone use of the Website by others, in any manner that is, attempts to, or is likely to:

affect RAH adversely or reflect negatively on RAH, the Website, RAH’s goodwill, name or reputation or cause duress, distress, or discomfort to RAH or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Website, or from advertising, linking, or becoming a supplier to RAH in connection with the Website;
transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Website or the rights or use and enjoyment of the Website by any other User;
infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of RAH or any third party;

In order to access certain products and services or as part of the account registration process, you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to RAH will always be accurate, correct and up to date.

Unless you have been specifically permitted to do so in a separate agreement with RAH, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Website Materials, or any User Content provided by another User, or any RAH products and services for any purpose.

You agree that you are solely responsible for (and that RAH has no responsibility to you or to any third party for) any breach of your obligations under these Terms and Conditions and for the consequences (including any loss or damage which RAH may suffer) of any such breach.

5. Anonymity of Landlord

Your use of the Website must respect the right of Landlords to remain anonymous. Tenants must only review the state of the property they are renting, and must not disclose names or any other identifying information that could be connected to the Landlord in any way. RAH reserves the right to remove any reviews to preserve the anonymity of the Landlord.

6. Links to Third Party Sites

Links to third party websites on the Website are provided solely as a convenience to you. If you use these links, you will leave the Website. RAH does not control and is not responsible for any of such third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. RAH does not endorse or make any representations about such third party websites or any information, software, products and services located there, or any results that may be obtained from using such software, products and services. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. You acknowledge and agree that RAH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.

7. Third Party Information

Any third party content, data or publications made available through the Website are furnished by RAH on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Website, are those of the respective author(s) or publisher(s) and not of RAH. RAH DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

8. Privacy and Personal Information

RAH takes the collection, storage and use of personal information seriously. For more information about RAH’s treatment and protection of personal information, please read our privacy policy at Privacy page. This policy explains how RAH treats your personal information, and protects your privacy, when you use the Website.

RAH reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect the rights of RAH and/or comply with a judicial proceeding, court order, or legal process served on our Website; or to protect our company and our Users. While RAH makes every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.

9. Ownership of Intellectual Property Rights

The Website together with all Website Materials including any trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Website, is the exclusive property of RAH, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with RAH, nothing in these Terms and Conditions gives you a right to use any of the Website Materials, RAH’s trade-marks or other intellectual property of RAH. You may not assign or transfer any of the Website Materials and you may not grant a license to use or access the Website to any party.

No information or statement contained in these Terms and Conditions or the Website shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of RAH or any third-party. You must not alter, delete, or conceal any copyright or other notices contained on the Website, including notices on any of the Website Materials that you are permitted to download, transmit, display, print, or reproduce from the Website.

You may not, and you may not allow, any third-party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Website Materials without the express prior written consent of RAH or its owner if RAH is not the owner.

Any unauthorized or prohibited use of any Website Materials may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

10. No Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE AND THE WEBSITE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

IN PARTICULAR, RAH AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(a)YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS,
(b)YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(c)ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND
(d)THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEBSITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAH OR THROUGH OR FROM THE WEBSITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

RAH FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. Limitation of Liability

SUBJECT TO SECTION 10 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT RAH, AND ITS LICENSORS, OTHER THAN WHERE CAUSED BY THEIR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, SHALL NOT BE LIABLE TO YOU FOR:

(a)ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND
(b)ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

i. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE;

ii. ANY CHANGES WHICH RAH MAY MAKE TO THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE);

iii. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE;

iv. YOUR FAILURE TO PROVIDE RAH WITH ACCURATE ACCOUNT INFORMATION;

v. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; or

vi. ANY OTHER USER CONTENT.

THE LIMITATIONS ON RAH’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT RAH HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

12. Termination

RAH may terminate your use of the Website or access to the Website Materials, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

When these Terms and Conditions come to an end, your use of the Website will terminate, but all of the other legal rights, obligations and liabilities that you and RAH have benefited from, been subject to (or which have accrued over time while the Terms and Conditions have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.

13. Indemnification

You agree to indemnify, defend, and hold harmless RAH and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to or arising from (a) your violation of these Terms and Conditions, and (b) your use of the Website.

RAH reserves the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.

14. General

You agree that if RAH does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions (or which RAH has the benefit of under any applicable law), this will not be taken to be a formal waiver of RAH’s rights and that those rights or remedies will still be available to RAH.

If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms and Conditions and the agreement between you and RAH will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

The laws of the Province of Ontario and the federal laws applicable therein shall govern these Terms and Conditions in all respects, without giving effect to conflicts of laws principles. Any proceedings related to these Terms and Conditions shall be brought in the Province of Ontario.

No e-mail address found on the Website may be harvested or otherwise used for purposes of solicitation.