Enjoy Renting Ltd wholly owns and operates rentpanda.ca and all copyrights, content, services, etc associated with the Rent Panda. Hereafter, the term Rent Panda will be used in reference to the Terms and Conditions related to the operation of this enterprise and be interchangeable with Enjoy Renting Ltd.
By using the site, application or services, you agree to comply with and be legally bound by these Terms and Conditions, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services including all content and your participation in the review program, and constitute a binding legal agreement between you and Rent Panda.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties. If one is found to be in breach of the Terms and Conditions one’s access to and use of the Site, Application and Services will be terminated without notice at the discretion of Rent Panda and one forfeits any claims therein. As well, if one is found to be in breach of the Terms as determined by Rent Panda one may be prosecuted to the fullest extent of the law.
The site, application and services comprise an online platform through which property owners and managers may create listings for accommodations and guests/prospective tenants may learn about accommodations and initiate contact directly with the owners and/or managers. You understand and agree that Rent Panda is not a party to any agreements entered into between owners/managers and guests/tenants, nor is Rent Panda a real estate broker, agent or insurer. Rent Panda has no control over the conduct of owners/managers, guests/tenants and other users of the site, application and services or any accommodations, and disclaims all liability in this regard to the maximum extent permitted by law.
If you choose to create a listing, sign up for an account or otherwise utilize the services provided by Rent Panda, you understand and agree that your relationship with Rent Panda is limited to being a member and not an employee, contractor, agent, joint venturer or partner of Rent Panda for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Rent Panda. Rent Panda does maintain the right to control your account and listing, but does not control nor does it wish to control your offline activities associated with your listing/account, or any other matters related to any listing that you provide. As a member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Rent Panda, including by inappropriately using any Rent Panda intellectual property.
You acknowledge and agree that, by accessing or using the site, application or services or by downloading/uploading or posting any content from, to or on the site, via the application or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms and receive our services whether or not you have registered with the site and application. If you do not agree to these terms, then you have no right to access or use the site, application, services, or content. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Rent Panda reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will provide you notice of the modification by email. Changes to the Terms will be effective at the time of notice. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Rent Panda account you will be deemed to have accepted the changes.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
Users agree to receive communication from Rent Panda and by providing your contact information you agree to receive all types of communication including but not limited to commercial and promotional information as well as any other communication deemed reasonable by Rent Panda. As well, Rent Panda retains the right to provide this information to third parties and use any information you disclose through your use of the site.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your Personal Information against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be one hundred percent secure. We cannot guarantee the security of your transmissions to us and of your personal information that we store.
The Site, Application and Services can be used to facilitate the listing, viewing and booking of rental housing units. Such accommodations are included in listings on the Site, Application and Services by owners/managers. You may view listings as an unregistered visitor to the Site, Application and Services; however, if you wish to contact the owner/manager or view the address and additional information about an Accommodation or create a Listing, you must first register/sign up to create a Rent Panda Account.
As stated above, Rent Panda makes available an online platform or marketplace with related technology for guests/tenants and owners/managers to meet online and arrange for viewing/booking of accommodations directly with each other. Rent Panda is not an owner or operator of properties, nor is it a provider of properties. Rent Panda does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. Unless explicitly specified otherwise in the Rent Panda platform, Rent Panda’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
Please note that, as stated above, the site, application and services are intended to be used to facilitate owners/managers and guests/tenants connecting and booking accommodations directly with each other. Rent Panda cannot and does not necessarily control the content contained in any listings and does not attest to, confirm, validate or otherwise guarantee the condition, legality or suitability of any accommodations. Rent Panda is not responsible for and disclaims any and all liability related to any and all listings, accommodations, accounts and user profiles. Accordingly, any activities, negotiations, contracts and deals will be made or accepted at the member’s own risk.
In order to access certain features of the Site and Application, and to create a Listing, you must register to create an account and become a Member.
Your Rent Panda Account and your Rent Panda Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one (1) active Rent Panda Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Rent Panda reserves the right to suspend or terminate your Rent Panda Account and your access to the Site, Application and Services if you create more than one (1) Rent Panda Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms and Conditions.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on Rent Panda, you are not permitted to share your Rent Panda Account with anyone or allow others to access or use your Rent Panda Account. Rent Panda may enable features, in our discretion, that allow other Members to take certain actions associated with your Rent Panda Account, on your behalf with your express authorization, such as having your assistant or agent book on your behalf. You agree that you will take sole responsibility for any activities or actions under your Rent Panda Account, whether or not you have authorized such activities or actions. You will immediately notify Rent Panda of any unauthorized use of your Rent Panda Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors such as a proprietary algorithm as well as paid advertising and paid placements/ranking. There is no expectation of privacy related to the information posted in relation to the information related to your personal account or the listings you create. Such information may be used by Rent Panda for any legitimate commercial interests.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Rent Panda assumes no responsibility for an owner/manager’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Rent Panda reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Rent Panda, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you are an owner/manager or user/tenant, you understand and agree that Rent Panda does not act as an insurer or as your contracting agent. If a owner/manager or user/tenant requests a viewing or booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such person is between you and the contracting party and Rent Panda is not a party to it.
As a member of Rent Panda, Rent Panda makes certain tools available to you to help you to make informed decisions about which Members you choose to interact with, engage in contact or engage in a financial transaction (e.g. the review system). You acknowledge and agree that, as a member, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation.
Rent Panda recommends that owners/managers obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Guests/tenants (and the individuals the Guest/tenant invites to the Accommodation, if applicable) while at your Accommodation.
Rent Panda mandates that Rent Panda approved photographers take photographs of owner/manager properties and units and/or that Rent Panda staff pre-approve any photography taken by a third party or the owner/manager themselves. Rent Panda shall own all copyrights of any photographs, videos or images taken by Rent Panda personnel and these photographs will be made available to include in your Listing at the discretion of Rent Panda. You do not have the right to use these photographs elsewhere or to post them to a third party site. Rent Panda shall own, control and house all photographs, video or other images relating to the property/unit and owners/managers do not have the right to own, control or house these images. You agree that you alone are responsible for ensuring that your Listing is accurately represented in the images. All images, materials and content created by Rent Panda personnel constitute Rent Panda Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from Rent Panda. If your Rent Panda Account is terminated or suspended for any reason, you shall not use these images in any way and have no rights or claims on these images. You agree that Rent Panda retains its right to and may use the images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation. Any images uploaded to the Rent Panda site, whether taken by Rent Panda personnel or otherwise approved by Rent Panda staff, become property of Rent Panda and may be used by Rent Panda for any legitimate commercial purpose. Members forfeit any rights of control, ownership or use of imagery therein.
Rent Panda does not endorse any Member, Listing or Accommodation. You understand that images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Images are therefore not an endorsement by Rent Panda of any Member, Listing or Accommodation. We do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background or the quality, legality or any other feature of a property or listing.
All owners/managers shall make the appropriate legal notifications to any existing tenants occupying the unit/property when Rent Panda staff arrive to record images of the property/unit. By using the Rent Panda site, application and/or services the owner/manager declares that they give full permission to Rent Panda staff to enter and record images of the property/unit and to have given proper legal notification to any existing tenants for said purposes. The owner/manager is liable for any claims or damages resulting from improper tenant notification and/or for securing tenant permission to record images of the property/unit as regulated by law.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Rent Panda with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Bookings or Listings made by you.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Site, Application, Services and Content, you may not and you agree that you will not:
Rent Panda has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Rent Panda may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or Rent Panda Account, for a violation of this Section or these Terms.
Rent Panda may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Rent Panda or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Rent Panda, its users, or members of the public. You acknowledge that Rent Panda has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Rent Panda reserves the right, at any time and without prior notice, to remove or disable access to any content that Rent Panda, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you stay with or rent to anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Rent Panda by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Canada and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Rent Panda and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Rent Panda used on or in connection with the Site, Application, Services, and Rent Panda Content are trademarks or registered trademarks of Rent Panda in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Rent Panda Content are used for identification purposes only and may be the property of their respective owners.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Rent Panda is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Rent Panda of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services. You may submit Feedback by emailing us, through the contact section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Rent Panda and you hereby irrevocably assign to Rent Panda and agree to irrevocably assign to Rent Panda all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Rent Panda’s request and expense, you will execute documents and take such further acts as Rent Panda may reasonably request to assist Rent Panda to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Rent Panda Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Rent Panda Account has been suspended or this Agreement has been terminated by us, you may not register a new Rent Panda Account or attempt to access and use the Site, Application and Services through other Rent Panda Accounts.
If you choose to use the site, application, services or collective content or participate in the review program, you do so at your sole risk. You acknowledge and agree that Rent Panda does not have an obligation to conduct background or registered sex offender checks on any member, including, but not limited to, guests/tenants and owners/managers.
The site, application, services, collective content and review program are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing Rent Panda explicitly disclaims any warranties of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Rent Panda makes no warranty that the site, application, services, collective content, including, but not limited to, the listings or any accommodations, or the review program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Rent Panda makes no warranty regarding the quality of any listings, accommodations, hosts, guests, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, application, services or referral program.
No advice or information, whether oral or written, obtained from Rent Panda or through the site, application, services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, any owners/managers or guests/tenants. You understand that Rent Panda does not make any attempt to verify the statements of users of the site, application or services or to review or visit any accommodations. Rent Panda makes no representations or warranties as to the conduct of users of the site, application or services or their compatibility with any current or future users of the site, application or services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, guests and hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Rent Panda. Rent Panda explicitly disclaims all liability for any act or omission of any guest or other third party.
The laws of Ontario and the laws of Canada applicable in that province, excluding any rule or principle of conflicts of law that may provide otherwise, govern this agreement.
The member/user will agree to not hold Rent Panda liable or accountable for any interruption of service or loss of personal or commercial information due to events such as war, strike, flood, power failure, destruction of facilities, server failure, software bugs, hacking or other such occurrences. Should any part of the agreement be invalidated the remaining portions of the agreement, where possible, survive and remain in full force.
It is the express wish of the parties that this Agreement and all related documents, including notices and other communications, be drawn up in the English language only and Rent Panda members shall not expect accommodation in other languages. All communication between Rent Panda and its members and members with Rent Panda shall be conducted in English.
Members of Rent Panda shall have no expectation of privacy related to the materials, information, images or writings made available on or uploaded to Rent Panda. All of the information one provides on Rent Panda (excluding the payment platform which is maintained by a third party which upholds high standards of privacy and confidentiality) shall have the expectation that it shall be publicly viewable/available at the discretion of Rent Panda. Features such as the details of a property listing, the name of a member, a member’s review history, etc are made available to all members as part of our efforts to provide the best rental housing solutions to our members. While we strive to keep this information exclusive to our members we cannot guarantee that such information will be kept strictly within the confines of the site and as such any information one provides to or on Rent Panda shall have no expectation of privacy.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and collective content, your listing or booking of any accommodations via the site, application and services, your participation in the review program, and any contact you have with other users of Rent Panda whether in person or online remains with you. Neither Rent Panda nor any other party involved in creating, producing, or delivering the site, application, services, collective content or the review program will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, application, services or collective content, from any communications, interactions or meetings with other users of the site, application, or services or other persons with whom you communicate or interact as a result of your use of the site, application, services, or your participation in the review program or from your listing or booking of any accommodation via the site, application and services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Rent Panda has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
You agree to release, defend, indemnify, and hold Rent Panda and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or Booking of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of an Accommodation; and (e) your participation in the review program.
The failure of Rent Panda to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rent Panda. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Rent Panda maintains a review system wherein members are entitled to periodically submit a review of their counterpart (i.e. tenant reviewing owner/manager and owner/manager reviewing a tenant). By agreeing to become a member of Rent Panda and by using the site, application and services you agree to submit oneself or one’s organization for review. These reviews solely reflect the submissions of the reviewing party and do not reflect the opinion, judgement or evaluation of Rent Panda. One may not appeal a review, protest a review or respond to a review. If one feels particularly maligned by a review, one can contact Rent Panda via the contact feature of the site and we will review the case accordingly. Reviews are gathered and displayed by Rent Panda in the manner that we see fit and subject to our discretion and the member has no rights or claims to the review or to prevent the review from being displayed via the regular features of the site, application and services. Rent Panda maintains ownership of all reviews posted and members have no rights or claims to reviews at any point, inclusive of their termination or withdrawal from use of Rent Panda membership.