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
- 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:
- 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.
- 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
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
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:
- Property Marketing
- Renter Screening
- Viewing Assistance
- Rent Collections and Remainders
- Expense Management
- Agreement and On-boarding
- In App Communication
- 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:
- meet your specific needs;
- be appropriate or suitable in your circumstances; or
- meet the requirements of the Laws of your jurisdiction.
Haletale Platform Rules: Renters and Homeowners must follow these rules and must not help or induce
others to break or circumvent these rules:
- Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Follow our non-discrimination policy and do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the Haletale Platform
- Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Haletale Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Haletale Platform or Content.
- Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Haletale Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Haletale Platform.
- You may only use another Member’s personal information as necessary to facilitate a transaction using the Haletale Platform as authorized by these Terms.
- Do not use the Haletale Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
- You may use Content made available through the Haletale Platform solely as necessary to enable your use of the Haletale Platform as a Guest or Host.
- Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
- Do not request, make or accept a booking or any payment outside of the Haletale Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.
- Do not require or encourage Guests to open an account, leave a review, or otherwise interact, with a third-party website, application or service before, during or after a reservation, unless authorized by Haletale.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not book Host Services unless you are actually using the Host Services.
- Do not use, copy, display, mirror or frame the Haletale Platform, any Content, any Haletale branding, or any page layout or design without our consent.
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- If you provide us with someone else’s personal information, you:
- must do so in compliance with applicable law,
- must be authorized to do so, and
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
- 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
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. THE APPLICABLE CREDIT AGENCY IS SOLELY RESPONSIBLE FOR ALL CREDIT REPORTS, INCLUDING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF.
- Each Homeowners must use their own professional judgment when reviewing and accepting rental applications and screening potential renter.
- 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.
E. OUR LIABILITY
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.
F. KNOW YOUR LEGAL OBLIGATIONS
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.
- 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 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 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
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