Last updated: December 2, 2022
BEFORE ACCESSING OUR WEBSITE, READ THESE TERMS AND CONDITIONS CAREFULLY as they govern your use of the website and contain important information regarding your legal rights, remedies, and obligations.
Welcome to peacepropertymanagement.ca. This website is owned and operated by Peace Property Management Company Ltd. (hereinafter referred to as "we"). Peace Property Management Company Ltd. operates, controls, and manages the Services (as defined below) from its head office located at: 2 Birchwoods Lane, Stratford, PE C1B 3Z1.
Access and use of the website, and the information and services thereon (collectively, the "Services") are provided to you by peacepropertymanagement.ca on the condition that you accept the terms of this agreement (the "Agreement"). By accessing, browsing, registering on, and/or otherwise using the website, you agree:
- to comply with all the terms of this Agreement;
- to use the website only for lawful and personal purposes;
- not to use the website in any manner that interferes with its security or normal operation or with any other user's use and enjoyment of the website;
- not to access the website by any means other than through the interface provided by peacepropertymanagement.ca; and
- to pay any fees in accordance with the section entitled "Fees" below.
A. Introduction
Acceptance of Terms
These Terms of Service ("Terms") are a binding legal agreement between you and Peace Property Management Company Ltd. that govern your right to use the websites and other offerings from Peace Property Management Company Ltd. (collectively, the "Peace Property Management Platform"). When used in these Terms, "Peace Property Management," "we," "us," or "our" refers to the Peace Property Management Company Ltd. entity. The Platform offers an online venue that enables users to publish, offer, search for, and book services. Users who publish and offer services are "homeowners" and Members who search for, book, or use services are "tenants". By using the Services, clicking a button or checking a box that confirms your acceptance of these Terms, or by otherwise indicating your acceptance of these Terms, you agree to be bound by these Terms. If you do not agree with or accept any of these Terms, you must cease using the Services immediately.
Arrangement
If you are using or accessing the Services on behalf of an organization, then you affirm that you are an authorized representative or agent of that organization with the authority to bind such entity to these Terms, and that such organization accepts and is bound by these Terms. In such a circumstance, the words "you" and "your" as used in these Terms will refer to and apply to both that organization and you personally.
Privacy Policy
Use of the website is subject to the terms of our Privacy Policy, which describes our collection and use of personal data and which is hereby incorporated into and made part of this Agreement. By using the website, you agree to be bound by the terms of our Privacy Policy.
Age
Use of the website is only allowed to persons who are above the age of 18 years. Minors are absolutely prohibited from accessing this website and using the services of Peace Property Management Company Ltd.
Modification to Services
From time to time, Peace Property Management Company Ltd. may amend this Agreement. We will post any revised version of this Agreement on the website and encourage you to refer back to it on a regular basis. Your continued access of the website will constitute your acceptance of any changes or revisions to this agreement. If you do not agree to any changes or revisions to the terms of use, stop using the website and discontinue your use of the website immediately. We do not constantly monitor the website. However, we expressly reserve the right, in our sole discretion, to monitor, refuse to publish, remove, delete, move, or edit any content without notice, at any time for any reason; and to delete from any listing or edit any falsehoods, inconsistencies, offensive material or any material that infringes third party rights or that is otherwise in breach of these Terms of Use.
B. Definitions & Interpretations
The following definitions apply in these Terms:
- "Data" means a representation of information, knowledge, facts, concepts, or instructions which are being prepared or have been prepared in a formalised manner, and is intended to be processed, is being processed or has been processed in a computer system or computer network.
- "Homeowners" means a user that has registered a homeowner Account on the Services.
- "Information" includes data, message, text, images, sound, voice, codes, computer programmes, software, and databases.
- "Laws" means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, other requirement or rule of law of any federal, provincial, state, municipal, or foreign government or political subdivision thereof, or any arbitrator, court, or tribunal of competent jurisdiction under the Province of Ontario, Canada.
- "Listing" means a listing for a Rental Property that is posted on the Services by a homeowner.
- "Losses" mean all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind.
- "Password" means a secret word or phrase or code or passphrase or secret key, or encryption or decryption keys that one uses to gain admittance or access to information.
- "Person" means an individual, corporation, company, limited liability company, body corporate, partnership, joint venture, governmental authority, unincorporated organization, trust, association or other entity.
- "Personal information" means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available, is capable of identifying such person.
- "Rental Property" means a rental property advertised, listed, managed, or administered through the Services.
- "Tenant" means a registered User of the Services that is seeking to rent a property or that has entered into a Service agreement.
- "Service agreement" means a service agreement or lease for a Rental Property.
- "User" means any user of the Services, including tenants, homeowners, and unregistered visitors.
C. Your Account
Account Registration
To use certain portions of the Services, you must register an account on the Services ("Account"). Your Account and login credentials ("Credentials") are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials.
Account Responsibility
You are solely responsible for all usage or activity on your User Account including the use of your User Account by any person who uses your Account Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. You may not sub-license, transfer, sell, or assign your User Account, your Account Information, and/or this Agreement to any third party without our prior written approval.
Account Deletion
Peace Property Management Company Ltd. may at its sole discretion and at any time, suspend or delete your Account, and any Credentials used by you, for any or no reason, including for any violation of any provision of these Terms.
D. The Services
Peace Property Management Company Ltd. provides a list of services to facilitate a healthy tenant–homeowner relationship. These services include but are not limited to:
- Property Marketing
- Tenant Screening
- Viewing Assistance
- Rent Collections and Reminders
- Expense Management
- Agreement and On-boarding
- In-App Communication
- In-house living notifications
Fees
Peace Property Management Company Ltd. may charge fees (and applicable taxes) to guests, tenants, and homeowners for the right to use the Platform. Any applicable fees are disclosed to homeowners before publishing a listing and to guests and tenants before making a booking. Except as otherwise provided on the Platform, service fees are non-refundable.
Service Agreements
We make service agreements available solely as a convenience to you for the purpose of executing service agreements for Rental Properties. We do not represent, warrant, or guarantee that any service agreement will meet your specific needs, be appropriate or suitable in your circumstances, or meet the requirements of the laws of your jurisdiction. You acknowledge that you should always review your intended service agreement with a qualified legal practitioner licensed in your jurisdiction before entering into a service agreement.
Tenant Screening
Any reference to a User being "verified" is not an endorsement, certification, or guarantee by Peace Property Management Company Ltd. in respect of that User, nor is it a confirmation of a user identity, background, trustworthiness, or suitability as a tenant or otherwise. The applicable credit agency is solely responsible for all credit reports, including the accuracy, completeness, timeliness, or reliability thereof. Each homeowner must use their own professional judgment when reviewing and accepting rental applications and screening potential tenants.
Rent Collection and Reminders
If you are a tenant, you shall not use the Rent Payment Services to make payments to anyone other than the homeowner under your service agreement, and if you are a homeowner, you shall not use the Rent Payment Service to receive payments from anyone other than the tenant under your service agreements. All disputes regarding payments or non-payment under service agreements are solely between the tenant and homeowner who are parties to the applicable service agreement. IN NO EVENT IS PEACE PROPERTY MANAGEMENT COMPANY LTD. RESPONSIBLE OR LIABLE FOR THE PAYMENT OF RENTAL DUES TO HOMEOWNERS.
E. Our Liability
By using the website, you expressly agree that Peace Property Management Company Ltd. will not be liable for any claims, actions, or judgments arising out of or related to any content and may monitor, refuse to publish, remove, delete, move, or edit any content without notice at any time for any reason, without liability and without providing a refund.
In no event shall Peace Property Management Company Ltd., or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, attorneys, or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages (including but not limited to loss of business, revenue, profits, use, data, or other economic advantage) whatsoever resulting from any errors, mistakes, or inaccuracies; any unauthorized access; any bugs, viruses, or trojan horses; any interruption or cessation of transmission; any defamatory, offensive, or illegal conduct of any third party; or any other matter arising under these Terms.
Force majeure — neither Peace Property Management Company Ltd. nor you shall be liable to the other for any delay or failure in performance under the terms of use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence.
F. Know Your Legal Obligations
Homeowners are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to their listing. Some leases or condominium association rules restrict or prohibit subletting, short-term rentals, and/or longer-term stays. Some cities have zoning or other laws that restrict short-term or co-living rental of residential properties. Check local rules to learn what applies to the Services. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations.
G. Termination
Modification or Cessation of Platform
Peace Property Management Company Ltd. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion.
Termination by Peace Property Management Company Ltd.
You hereby acknowledge and agree that Peace Property Management Company Ltd., in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Platform, or otherwise terminate your access to or participation in the use of the Platform, immediately and without notice, for any reason.
Termination by You
Since your usage of the Platform is linked to the duration of your stay with Peace Property Management Company Ltd., your usage of the Platform shall be terminated when your stay with Peace Property Management Company Ltd. is terminated and/or expires.
H. Intellectual Property
All website design, text, graphics, sound, software, layout, data, and other content, and the selection and arrangement thereof and any copyright, trademark, patent, or other intellectual property right related thereto (the "Peace Property Management Intellectual Property") are the property of Peace Property Management Company Ltd. or its licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material or any part of Peace Property Management Intellectual Property without prior written consent.
I. Disclaimers of Warranties
Peace Property Management Company Ltd. and its affiliates hereby expressly disclaim any and all warranties, express or implied, including but not limited to any warranties of accuracy, timeliness, reliability, title, merchantability, non-infringement, fitness for a particular purpose, or any other warranty, condition, guarantee, or representation, whether oral, in writing, or in electronic form.
J. Indemnification
You agree to defend, indemnify, and hold harmless Peace Property Management Company Ltd., and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys' fees) arising from your use of, access to, and participation in the platform; your violation of any provision of the terms of use, including the privacy policy; your violation of any third-party right; or any claim that your submitted content caused damage to a third party.
K. Dispute Resolution
If any controversy, dispute, claim, question, or difference arises with respect to the website, the Services or Listings, these terms of use, or its performance, enforcement, breach, termination, or validity (a "Dispute"), the parties shall use their best efforts to settle the Dispute. To this end, they shall consult and negotiate with each other, in good faith, to reach a just and equitable solution satisfactory to all parties. If the parties do not reach a solution to a Dispute within fifteen (15) business days following the first written notice of the Dispute by any party to the other, then upon written notice by any party to the other, the Dispute shall be submitted to confidential arbitration in Ottawa, Ontario, Canada.
Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at [email protected].
L. Governing Laws
This Terms of Use has been made and entered into Ontario, Canada and the laws of such province shall govern the validity and interpretation of these terms of use and the performance due hereunder.
M. Contact
For any questions that you may have about these terms of use, you can contact us by email at: [email protected]