Terms and Conditions for Commercial Property Software

Terms and Conditions

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.

Effective date of this version (last updated): Dec 2nd, 2022

Welcome to haletale.com. This website is owned and operated by Haletale Inc. (hereinafter referred to as “we”). Haletale operates, controls and manages the Services (as defined below) from its head office located at: 34 Fortrose crescent, North York, ON M3A 2H1.

Access and use of the website, and the information and the services thereon (collectively, the “Services”) are provided to you by haletale.com 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 access the website by any means other than through the interface provided by haletale.com; and
pay any fees in accordance with the section entitled “Fees” below.

PLEASE READ THE TERMS AND CONDITIONS OF USE THOUROUGHLY AND CAREFULLY

A. INTRODUCTION

Acceptance of Terms: These Terms of Service (“Terms”) are a binding legal agreement between you and Haletale that govern your right to use the websites and other offerings from Haletale (collectively, the “Haletale Platform”). When used in these Terms, “Haletale,” “we,” “us,” or “our” refers to the Haletale entity. The Haletale 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 “Renters”. 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:
1. that you are an authorized representative or agent of that organization with the authority to bind such entity to these Terms; and
2. 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: The Use of the website is only allowed to person who are above the age of 18 years. Minors are absolutely prohibited from accessing this website and using the services of haletale.
Modification to Services: From time to time, haletale 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
1. monitor, refuse to publish, remove, delete, move or edit any content without notice, at any time for any reason; and
2. 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

Definitions: 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, and may be in any form (including computer printouts magnetic or optical storage media, punched cards, punched tapes) or stored internally in the memory of the computer;
“Homeowners” means a user that has registered a homeowners Account on the Services.
“Information” includes data, message, text, images, sound, voice, codes, computer programmes, software and data bases or microfilm or computer-generated micro fiche.
“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 State 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, including legal fees, disbursements, and charges, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.
“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 or likely to be available with a body corporate, is capable of identifying such person.
“Rental Property” means a rental property advertised, listed, managed, or administered through the Services;
“Renter” 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 Renters, homeowners, and unregistered visitors;

Interpretations: For the purposes of these Terms:

the words “include,” “includes” and “including” will be deemed to be followed by the words “without limitation”;
the word “or” is not exclusive;
the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to these Terms as a whole; and
unless the context otherwise requires, words in the singular include the plural and those in the plural include the singular.
If you are a Homeowner, the rights and obligations of a Homeowners as described in these Terms apply to you. Similarly, if you are Renter, the rights and obligations of a Renter as described in these Terms apply to you.

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. You will not permit any other person to use your Account or Credentials, and you will immediately notify Haletale if you know or suspect that your Account or Credentials have been used by any other person. You shall not register more than one Account except as permitted by Haletale in writing.
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. Any attempt to do so will be null and void. If you have reason to believe that your User Account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Account Information), you must promptly change the affected User Account Information by using the appropriate update mechanism on the Site.
Account Deletion: Haletale may at his sole discretion and at any time and from time to 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. If Haletale has reasonable grounds to suspect that any information you provide is false, inaccurate, outdated or incomplete, then, it may suspend or terminate your account and use of services from haletale platform.

D. THE SERVICES

Description of Services: Haletale provides a list of services to facilitate a healthy Renter-Homeowners relationship. These services include but not limited to:
1. Property Marketing
2. Renter Screening
3. Viewing Assistance
4. Rent Collections and Remainders
5. Expense Management
6. Agreement and On-boarding
7. In App Communication
8. In house living notifications
Relationship of Parties: Haletale is an independent contractor and not an employee or homeowner for any purpose.
Fees: Haletale may charge fees (and applicable Taxes) to Guests, Renters and Homeowners for the right to use the Haletale Platform. Any applicable fees are disclosed to Homeowners before publishing a listing and to Guests and Renters before making a booking. Except as otherwise provided on the Haletale Platform, service fees are non-refundable.
Expenses: The Renters and Homeowners are solely responsible and liable for all costs, expenses, and liabilities related to their access, use, and receipt of the Services.
Service agreements: We make service agreement 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:
1. meet your specific needs;
2. be appropriate or suitable in your circumstances; or
3. 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. You assume all risk arising out of or related to your use of a Service agreement. We do not provide any assistance respecting the negotiation or determination of the terms of your Service agreements. Haletale is not a witness or party to your Service agreements or your transactions with any User of the Services.
Haletale Platform Rules: Renters and Homeowners must follow these rules and must not help or induce others to break or circumvent these rules:
1. Act with integrity and treat others with respect
2. Do not scrape, hack, reverse engineer, compromise or impair the Haletale Platform
3. Only use the Haletale Platform as authorized by these Terms or another agreement with us
4. Honour your legal obligations
Renter Screening: Any reference to a User being “verified” is not an endorsement, certification, or guarantee by Haletale in respect of that User, nor is it a confirmation of a user identity, background, trustworthiness, or suitability as a renter or otherwise. It only indicates that the User has completed their Profile with the requested verification and identification information and that their biographical information contained in their Profile matches the copy of the government issued identification they submitted to the Services as part of the User verification process.

In order to run a credit check/trust score as to whether Renter are able to pay rent or not, haletale collect the renter’s credit report by availing services of third party who monitor renter’s positive and negative credit actions. The information required to run a credit check includes but not limited to your
- name,
- date of birth,
- banking information and other financial records,
- identification numbers such as driver’s licence number and Social Insurance Number
- income and expenses
- payment history
- length of your credit history
- public records
Haletale collects this information to collect more detailed report from organisation that offer credit checks and to ensure that you are not confused with someone with a similar name and date of birth. Haletale reports the renter’s rental payment history to the credit bureaus agencies to build their creditworthiness for good credit actions and to manifest their defaults for bad payments.
Once a Renter’s credit Score has been generated, it will be disclosed to those Homeowners who are the recipients of the Renter’s rental applications. Homeowners shall not use the credit Score for any purpose other than for the purpose of evaluating whether to lease a Rental Property to a Renter. To obtain a credit Score, Haletale must receive your Credit Report.
If you are a Renter and you choose to use our renter screening service, you authorize us to obtain your Credit Report and to use it to generate your Trust Score.
Each Homeowners must use their own professional judgment when reviewing and accepting rental applications and screening potential renter.

Property Marketing: Haletale gives homeowner, a platform where they can market their property by listing it with complete specification on haletale platform. The Specifications includes but not limited to the services offered, the price, other charges like the cleaning fees, the guest or other relative rules, etc. along with all documentations including photos of property that states the accuracy of the information provided. Haletale will not be responsible for any shortcomings in the property and it is the sole responsibility of the homeowners to provide accurate and true information of the property marketed. Homeowners are liable for any acts or omissions of theirs or of the third party to whom they allow to provide host services.
Rent Collection and Remainders: If you are a Renter, 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 Homeowner, you shall not use the Rent Payment Service to receive payments from anyone other than the Renters under your Service agreements. For the purpose of avoiding any scam or fraudulent advertising, or any other illegal activity, Haletale reserves the right to escrow the payments made by the Renters at the time of booking till they move in, which will be issued directly to the homeowners in the next payment. All disputes regarding payments or non-payment under Service agreements are solely between the Renter and Homeowner who are parties to the applicable Service agreement. IN NO EVENT IS HALETALE RESPONSIBLE OR LIABLE FOR THE PAYMENT OF RENTAL DUES TO HOMEOWNERS. HALETALE’S RESPONSIBILITY IS ONLY WHILE BOOKING. THE PAYMENT DIRECTLY GOES TO THE HOMEOWNERS AFTER THAT. Haletale will have no liability to any Person for any Losses incurred that are related to or arise out of Haletale suspending your access to the Rent Payment Services.
Viewing Assistance: Haletale platform provides a convenient tool where you can view the available as well as booked rental properties with detailed amenities. It provides assistance to view available verified rental properties at desired location with desired features.
Agreement and On-boarding: These Terms constitute the sole and entire agreement between you and Haletale regarding the subject matter herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. If and when the User chooses to avail the agreement services from Haletale, the User and the concerned property owner shall provide Personal Information as may be required for successful completion of registering the agreement. For the purposes of this Agreement, the User and concerned property owner undertake:

To not hold Haletale liable for any dispute that may arise between them, at any time;
To not hold Haletale liable for any loss or damage that either the User or the concerned property holder may suffer or incur that arise, result from, or relate in any way to any fraudulent, negligent act or any Prohibited Conduct by another User.
To bear registration or stamp duty charges on the agreements or any associated agreements as per Applicable Law and
To not hold Haletale liable for any penalty that may arise due to payment of insufficient charges;
To not hold Haletale liable for any damages that they may incur as a result of sharing information for registering the agreement; and
To disclose additional information to third parties and/or Haletale, as may be required from time to time in order to complete the registration process.

In App Communication: All the communication between you and haletale will be through an app and haletale reserves the right, but has no obligation, to monitor, edit, review or remove discussions, chats, postings, and communications made through the app. Haletale has no responsibility or liability for any content posted on, or communications made through, the app nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. We welcome any questions, comments or feedback you might have about the Services or these Terms (“Feedback“). Please refer to the Contact section of the app for our contact information. That said, the app are not a secure means of communication and any information or content you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, know-how, trade secrets, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable
In house living notifications: Haletale provides in house living notifications to the users who visit the website and search for the personalised listings.

E. OUR LIABILITY

By using the website, you expressly agree that haletale 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. You further expressly agree that you are solely responsible for any and all content you submit to haletale. haletale shall not be responsible for the accuracy, currency or completeness of the information that you provide for posting on the website.
In no event shall haletale, 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 of data, marks, content, information, materials or substance of the platform or submitted content;
any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform;
any interruption or cessation of transmission to or from the platform;
any errors or omissions in any data, content, information, materials or substance of the platform or submitted content;
any defamatory, offensive, or illegal conduct of any third party; or
any use of any data, marks, content, information, materials or substance of the platform or submitted content posted, emailed, transmitted, or otherwise made available on or through the platform, whether based on warranty, contract, tort (including negligence), or any other legal theory.

Force majeure- neither haletale 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. such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

F. KNOW YOUR LEGAL OBLIGATIONS

Homeowner is responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing. For example: Some homeowner and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals, and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term or co-living of rental of residential properties. Some jurisdictions require Homeowners to register, get a permit, or obtain a licence before providing certain Services (such as short-term rentals, co-living, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Renters who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Renters and additional obligations for Homeowners. Some places have -renters, rent control, and eviction laws that may apply to longer stays.
Check local rules to learn what rules apply to the Services. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Renters and others in compliance with applicable privacy laws and these Terms, including our Privacy Standards. If you have questions about how local laws apply, you should always seek legal advice. Haletale will manage the property according to instructions provided by the homeowner, and thus the homeowner is responsible for checking any laws that might apply.

G. TERMINATION

Modification or Cessation of Platform: Haletale 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. You agree that Haletale shall not be liable to you or to any third party for any modification, suspension or discontinuance of Haletale services.
Termination by Haletale: You hereby acknowledge and agree that Haletale, 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 (or any part thereof), or remove and discard any Submitted Content on the Platform (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if Haletale believes or has reason to believe that you have violated any provision of the Terms of Use.
Termination by You:Since your usage of the Platform is linked to the duration of your stay with Haletale, your usage of the Platform shall be terminated when your stay with Haletale is terminated and/or expires.
Effect of Termination: Upon termination of your Account, your right to participate in the Platform shall automatically be terminated. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the haletale Platform. Unless Haletale has previously cancelled or terminated your use of the Platform (in which case subsequent notice by Haletale shall not be required), if you provided a valid email address during registration, Haletale will notify you via email of any such termination or cancellation, which shall be effective immediately upon Haletale ‘s delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Haletale Data (as defined below) and other content in your possession or control. You further acknowledge and agree that Haletale shall not be liable to you or any third party for any termination of your access to the Platform. Upon Termination of Service, Haletale retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted Haletale hereunder shall remain in effect for the foregoing purpose. In no event is Haletale obligated to return any Submitted Content to you. Sections which are designed / required to survive termination, shall survive expiration or termination of the Platform or your Account.
You agree to indemnify and hold Haletale, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.

H. INTELLECTUAL PROPERTY

Haletale 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, including but not limited to the products, or services offered or sold on or through the website or any other website to which the website may link, as well as the accuracy or completeness of any information contained therein or provided by the website.
Haletale and its affiliates do not represent or warrant that access to the website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the website. no oral or written statements by Haletale or its affiliates will create any warranty not expressly set forth herein.

I. DISCLAIMERS OF WARRANTIES

You agree to defend, indemnify and hold harmless haletale, 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, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; or any claim that your submitted content caused damage to a third party. This defence and indemnification obligation will survive these terms of service and your use of the platform.
The terms of use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by haletale without restriction.

J. INDEMNIFICATION

Company Name is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

K. DISPUTE RESOLUTION

If any controversy, dispute, claim, question or difference arises with respect to the website, to Services or Listings that you make or access through the website, 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.
If a dispute arises between you and Haletale, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Haletale hereby agree to resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Platform in accordance with this Section-J or as we and you otherwise agree in writing. 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 hello@haletale.com

L. GOVERNING LAWS

This Term of Use has been made and entered into Ontario, Canada and the laws of such state shall govern the validity and interpretation of this terms of use and the performance due hereunder.