Terms of Use
1. Introduction
The following terms and conditions are the Terms of Use for our website and platform located at: www.padder.com (the “Site”) made available by Padder Inc., including its affiliates and any other wholly owned subsidiaries (“Padder”, “Padder”, “we”, “us” or “our”).
The purpose of the Site is to provide users (“User(s)” or “you”) with a technology platform (“Platform”) that facilitates access to landlord and tenant related products and services as may be available from time to time, provided by our partners and suppliers, including and not limited to: pre-screening, application and screening, leased property information, tenant guarantor services, rent reporting, and other information, products, and services relating to Padder’s mission, approach and initiatives (“Platform Services”).
The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Contents.
These Terms of Use constitute a legally binding agreement between you and Padder regarding your use of and access to the Site.
These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with Padder, unless otherwise agreed to in writing by Padder. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Site.
2. Provision of the Site by PADDER
You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you.
You acknowledge and agree that Padder may stop (permanently or temporarily) providing the Site, Platform, Platform Services, or any features within the Site to you or to users generally, at Padder’s sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to inform Padder when you stop using the Site or any of its features.
You acknowledge and agree that if Padder disables access to your account, you may be prevented from accessing the Site, your account details or any files or other content which is contained in your account.
3. Use of the Site by You
Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone use of the Site by others, in any manner that is, attempts to, or is likely to:
· be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
· affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
· send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
· transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
· modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
· advocate or encourage any illegal activity;
· infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of Padder or any third party;
· violate the privacy of any individual, including users of the Site; or
· violate any applicable local, provincial, state or national laws or regulations (anywhere in the world).
Unless you have been specifically permitted to do so in a separate agreement with Padder, you agree that you will not:
· reproduce, duplicate, copy, sell, trade or resell the Contents or any Padder products and services for any purpose;
· send commercial electronic messages;
· collect, use, or disclose personal information in violation of applicable privacy legislation in the jurisdiction in which the content is posted or viewed; or
· use or attempt to use the Site for advertising or promotional purposes related to any business you conduct commercially, nor shall you solicit, invite or accept any commercial offers made available via the Site;
In order to access certain products and services on the Site or as part of the account registration process, you are required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to Padder will always be accurate, correct and up to date. You may be requested by Padder to update this information from time to time, at Padder’s discretion.
Unless you have been specifically permitted to do so in a separate agreement with Padder, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents or any Padder products and services for any purpose.
You agree that you are solely responsible for (and that Padder has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which Padder may suffer) of any such breach.
4. Account Registration
In order to access certain products and services on the Site you will be required to register as a User. As part of the account registration process, you may be required to provide information about yourself (such as government issued identification or contact details). You agree that any registration information you give to PADDER will always be accurate, correct and up to date. Before your account is created, Padder shall have the right to verify your personal information to ensure that its Site is being used for permissible purposes. Padder reserves the right to request any additional documentation or information from you prior to accepting your account registration.
You must not register an account on the Site in a name other than a name legally recognised as being your real name. You also agree that you will be the only authorized user of the Site under these Terms of Use and will be solely responsible for the confidentiality of any user name and password supplied by you or provided to you. Should you become aware of any unauthorized use of your username or password with respect to any activity on the Site, you must immediately notify us via email or otherwise in writing. Upon receipt of such notice, we will take reasonable steps to stop any activity using your username or password, but neither Padder, nor any of its respective directors, officers, employees, agents, representatives or affiliates can or will have any responsibility or liability to any person whose claim may arise for any claims with respect to the handling or mishandling of any transaction on the Site resulting from the unauthorized use of your username or password.
In using the Site and operating a User account, you warrant, represent and undertake that:
· you will be the only person who will use the Site using your account, and that you will not allow any other person, whether or not acting under your instructions, to use your account for any reason, and will actively take steps to prevent any other person to do such, and that in the event any other person uses your account, you are to be held responsible for any losses and damages caused as a result of that use;
· you will not use the account of any other person for any purpose;
· you will keep confidential any information you obtain that relates to any other User, including actual names and addresses of other Users, and will not publish or reproduce such information in any form, including without limitation on the Site, or on any external websites unaffiliated with Padder or in any print medium, without the prior written permission of the relevant User and Padder;
· you acknowledge that Padder is not liable for any breach of these Terms of Use by any other User or otherwise in relation to transactions carried out by means of the Site; and
· PADDER is not responsible for any losses you incur due to informational or technical errors in the account registration process, and will not be liable for any loss or damage you incur as a result of an unauthorised person using your account, including the use of any personal details you provide in the account registration process.
· you shall not: (a) transmit data that is illegal, harmful, threatening, insulting, disturbing, injurious, obscene, defamatory, unacceptable from a racial or ethnic perspective; (b) violate any of Padder’s intellectual property rights; (c) unlawfully gather information about others; (d) use any information obtained from the Site in order to harass, abuse, or harm another person; (e) attempt to impersonate another User or person or use the username of another User; (f) publish or otherwise transmit any malicious software or other computer codes, files or programs designed to interrupt, disrupt or restrict the operation of the Site, the Platform, Platform Services, our computer software, hardware, telecommunications equipment or to disrupt the normal transactions onto the Site or Platform; (g) use any robot, spider, offline reader, site search, retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the structure or presentation of the Site, its contents, or any processed data; (h) make improper use of our support services, submit false requests, or make any speculative or fraudulent background request orders; (i) modify, adapt, sub-license, “frame”, “mirror”, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, Platform, or Platform Services thereto; (j) use, or attempt to use, the Site for unauthorized purposes; (k) use the Site for the benefit of any third party without Padder’s prior written permission; (l) create derivative works based on the Site or use the Site, Platform, and/or Platform Services to develop a competitive product offering; or (m) modify, remove, or obscure any copyright, trademark, patent or other notices or legends that appear on the Site and/or Platform.
5. Submission of Content
The Site encourages submissions to the Site by its Users to access certain products and services. You acknowledge and agree that if you submit any information, including text, images, documents, other media, or any other material you make available to the Site, whether by posting, uploading, displaying, performing, transmitting or otherwise, or which you otherwise provide to Padder in respect of your use of the Site (“User Content”) you will be solely responsible for such User Content. Padder will not be liable in any way for any such User Content submitted. You further agree that you will not:
· submit any User Content which is harassing, abusive, threatening, harmful, libelous or defamatory, encourages conduct that could constitute a criminal offense or give rise to civil liabilities, or is unlawful in any other way.
· submit any User Content protected by intellectual property laws or by rights of privacy, unless you own the rights thereto or have received all necessary consents. You shall be solely liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights;
· submit any User Content which contains a virus or other harmful components;
· engage in activity that interferes with or disrupts the use of the Site by other users;
· submit any User Content that encourages any illegal activities, or provides guidance or instructional activities about such illegal activities;
· make any false representation, including impersonation of any person or entity or misrepresentation of your affiliation with any person or entity; or
· make use of any User Content for commercial purposes, such as advertising any products or services, reselling or publishing the information posted or transmitted.
You represent and warrant that: (i) you own the User Content posted by you on or through the Site or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of User Content on or through the Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Site; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
Padder does not pre-screen, monitor or edit the User Content posted or submitted to the Site. However, Padder reserves the right to edit, limit or remove any such User Content in its sole discretion. Notwithstanding, you shall remain solely responsible for any User Content you submit or post.
When participating in, accessing, or viewing any posted User Content on the Site, you may be exposed to User Content that is inaccurate, incomplete or unsuitable. Please notify Padder (with the contact information posted at the bottom of this document) of any illegal or inappropriate User Content, and Padder will take appropriate action. Padder will ensure that any offending comments are removed, and take appropriate action against the offender. Padder will not be responsible for the User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information.
Padder may establish procedures and practices relating to the use of and participation in the Site. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, limitations on the number and type of User Content submitted at any given time and the number of days content will be saved before deletion. Padder will not be responsible for any User Content deleted by Padder or otherwise, or for your inability to submit any User Content.
You hereby grant Padder a perpetual, worldwide, royalty-free, transferable, sub-licensable right to use, copy, distribute, transmit, display, communicate to other Users, reproduce, edit, translate and reformat the User Content in connection with the operation of the Site, Platform and Platform Services, except as otherwise limited by the Privacy Policy.
Padder encourages all Users to review the privacy statements of websites you choose to link to from Padder so that you can understand how those websites collect, use and share your information. Padder is not responsible for the privacy statements or other content on websites outside of the Padder website.
6. Accessing Various Functions on Padder Platform
Padder’s Site and Platform provides Users access to a variety of products and services that are created, offered, supported and maintained by third-parties (“Third-Party Partners”) unaffiliated with Padder, including and not limited to Plaid, Stripe, Verifast, Equifax, Transunion, and other vendors, suppliers, and entities that have established a business or contractual relationship with Padder. Notwithstanding anything to the contrary in these Terms of Use, you acknowledge and agree that: (a) you access or deploy Platform Services which may be, in whole or in part, created, offered, supported and maintained by Third-Party Partners (“Third-Party Services”), at your sole discretion; (b) you shall read and abide by these Terms of Use in addition to any terms and conditions and privacy policies associated with any Third-Party Services which govern your use of such Third-Party Services; (c) Padder does not own or control Third-Party Partners or Third-Party Services; (d) Padder does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any Third-Party Services; and (e) you bear all risks associated with using or relying on Third-Party Services.
a. Padder Tenant Suitability Screening Services
Padder’s Tenant Suitability Screening Services (the “Report”) contains a compilation of User Content as well as data from third-party reporting agencies (including, but not specifically limited to personal information, credit information and history, corporate financial information, and background check information provided and generated by credit bureaus, government agencies, police agencies, news publications, public court databases and other third-party sources (“Report Data”). Users hereby agree and acknowledge that the Platform solely provides and facilitates Users with access to the Report Data and all such Report Data is sourced and generated by Padder’s Third Party Partners who are reporting agencies, and not by Padder. Additionally, the User understands that the court document scan included in the Report is a scan of publicly available records only and is not a representation of official RCMP or FBI police clearance reports or local court record check. Users hereby agree and acknowledge that ordering a Report on a tenant applicant does appear as an inquiry on the tenant applicant’s credit file, however, it does not have a significant impact on the applicant’s credit score.
I. Enter Tenant Information
A User who is a landlord (“Landlord”) is required to obtain written consent from Padder before being able to order a Report on the Site. By selecting “YES” (or similar) for a Report on the Site, Landlord hereby provides Padder with express and irrevocable consent: a) to Padder to make requests to the relevant third-parties to generate the Report Data; b) to Padder’s third-party providers to generate the Report Data and provide the same to Padder, to be shared in the Report to Landlord; and c) to pay Padder the fees associated with access to the Report on the Site as further detailed in subsection 6(a)(iii) herein. Should a Landlord fail to provide Padder with written or other sufficient proof that Landlord has obtained the necessary consent from the tenant to enable Report Data to be generated by Padder’s third-party providers, or any other documents requested by Padder at the time in which a Report is requested by Landlord, Padder maintains the right to block, or un-verify Landlord’s User account.
Invite Tenant
If an individual or User who is a prospective tenant (“Tenant”) submits User Content to Padder via the “Invite Tenant” method or link, such submission shall be deemed as an act of Tenant providing Padder with express consent to incorporate the User Content in the Report, to request the relevant Third-Party Partner to generate further Report Data with respect to the Tenant, and to enable the relevant Landlord(s) reviewing the Tenant’s application access to the Report on the Site.
(iii) Final Product
Payment is required to process and complete an applicant’s request for a Report. All payments are made through a third-party processor. Any report purchased by a User will remain in the Users account for up to ninety (90) days. After ninety (90) days, the report will be removed from the Account. Should a User need to access an old report, please contact info@padder.com. The Report is available for viewing through the User’s Account on the Site.
The Tenant also hereby grants Padder, the Landlord, Landlord’s agent, representative or property manager, express but revocable permission to view Tenant’s Report and perform any due diligence necessary (at their discretion), including but not limited to pulling a full credit report from one or multiple credit bureaus, contacting references, or verifying proof of revenue. By providing consent, potential applicants authorize Padder, and Padder’s Third-Party Partner reporting agency to access personal information to generate a Report. The applicant consents to the use, collection and controlled disclosure of their personal information including rental, court, employment, banking and financial history in accordance with Padder’s Privacy Policy. Any misrepresentation constitutes valid legal grounds for rejection of a Tenant’s application by either a Landlord or Padder.
(iv) Padder – Landlord Relationship
Users hereby waive and release Padder of any and all rights they may have in regard to Padder at law or in equity to any action of any kind in respect of the Tenant Suitability Screening Services or any other agreements between the Principal and the landlord. Users also acknowledge that they have been advised to seek independent legal, tax, or other professional advice before deciding to be subject to the Padder Tenant Screening service, and have conducted their own due diligence and enquiries before accepting these terms.
As part of Tenant Suitability Screening Services, Users must agree to the Terms and Conditions outlined herein. In order to register for the Tenant Suitability Screening Services, Users must agree to be bound to Padder’s Tenant Suitability Screening Service Agreement, or any other agreement underlying the Tenant Suitability Screening Services, as may be updated at Padder’s discretion from time to time.
(b) Padder Rent Credit
Padder’s Rent Credit services offer Tenant Users the opportunity to report their rental payments electronically to various Credit Bureaus, with the intention to help Tenant Users improve their credit ratings at the Credit Bureaus (the “Rent Credit Program”).
Tenant Users will be asked to upload rental history documentation to the Platform, including but not limited to rent receipts, bank statements, and other proof of payments available at the time. Both on-time and late payments submitted to Padder may be reported to the credit bureaus. Tenant Users agree that they will upload all available information for a specific lease.
The Rent Credit Program does NOT in any way represent or warrant any results or outcomes for the Users, nor does it guarantee or promise to increase Tenant Users’ credit scores. Credit scores are the proprietary property of their respective credit bureaus.
By agreeing to T&C of Rent Credit, Users consent to Padder providing information on Users’ rental payments to Equifax Canada, TransUnion Canada, Equifax USA, TransUnion USA, and/or Experian, and other relevant Padder third-party partners and suppliers.
Any disputes regarding the reporting of rental payments to credit bureaus must be reported to Padder in writing at info@padder.com.
7. Accepting the Terms of Use and Additional Terms
By accessing and using the Site in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein. Before continuing to use the Site, please read these Terms of Use and contact us if you have any questions.
Padder reserves the right to amend, modify and supplement these Terms of Use from time to time as it sees fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Site (“Additional Terms”). By accessing and using the Site and the Platform, you accept and agree to comply with and be bound by such Additional Terms. Please review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.
The Additional Terms and the Privacy Statement (located on the Site) are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us. To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms of Use and the Privacy Statement, and any Additional Terms.
8. Click-Through Agreements
Before you use certain areas of the Site, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked “OK” or “I agree.” Any special terms and conditions to which you agree will supplement and amend these Terms of Use.
9. Links to Third-Party Sites
Use of certain links on the Site will direct you away from the Site to third party websites. Such third party websites are not under the control of Padder, and Padder is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by Padder of any such website or the products or services offered therein.
10. Privacy and Personal Information
We may use your email address to verify your identity, protect against fraud, and contact you. In addition, we may use it to send you updates about your user account, new products and services, and Site updates.
Personal information submitted by users to the Site may be employed for the purposes of maintaining the integrity of the Site and its contents, contacting our users when necessary, and improving the quality of service provided by the Site. Padder servers also collect information specific to how you use the Internet. Padder servers note details such as the server you are logged onto and your IP address. This information is obtained solely for the purpose of maintaining the Site’s integrity and improving our service. Padder may ask you for more personal information from time to time in a survey format. This information is specifically used to ensure that the Site is up-to-date and relevant, and that the products and services provided to you in advertising format are relevant and of interest to you. Any information used as demographics will not reveal the source, and will be kept secure. This further information provided by you is on an optional basis.
Padder will employ a data measurement service for tracking the performance of an ad on behalf of the advertiser. The information collected will not contain personal elements, and will only be shared with that particular advertiser.
Padder reserves the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Site(s); or to protect our Padder and our Users. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.
For more information about Padder’s treatment and protection of personal information, please read our privacy policy at www.padder.com/privacy-policy. This policy explains how Padder treats your personal information, and protects your privacy, when you use the Site.
Questions or requests with respect to your personal information may be sent via email to info@padder.com.
11. Ownership of Intellectual Property Rights
The Site together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Site, including and not limited to any Content, data, materials, information, tools, database rights, patents, copyrights, trademarks (whether registered or unregistered), trade secrets, design rights (whether registered or unregistered) know-how, mask works, moral rights, and all similar rights that may exist now or later in any jurisdiction, including without limitation any applications and registrations for the foregoing, and the Padder name, logos, designs, domain names, graphics, icons, scripts, service marks, features, functions, text, graphics, button icons, scripts, service marks, images, software, data compilations and other distinctive brand features, and the compilation and organization thereof (collectively, “Intellectual Property”) is the exclusive property of Padder, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with Padder, nothing in these Terms of Use gives you a right to use any of the Intellectual Property. You may not assign or transfer any of the Intellectual Property and you may not grant a license to use or access the Site to any party.
You may use the Site and the Contents solely for your non-commercial and limited personal use and for no other purposes.
No information or statement contained in these Terms of Use or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of Padder or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.
You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents without the express prior written consent of Padder or its owner if Padder is not the owner.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
You may not create a link to the Site without Padder’s prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray Padder or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.
The limited rights granted to you under these Terms of Use may be revoked by Padder at any time for any reason whatsoever.
Links to third party websites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Site. Padder does not control and is not responsible for any of such third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. Padder does not endorse or make any representations about such third party websites or any information, software, products and services located there, or any results that may be obtained from using such software, products and services. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that Padder shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.
12. Intellectual Property Infringement
We take intellectual property rights, both our own and others, very seriously.
If you are an owner of intellectual property (or the owner’s authorized agent) and believe that any of the Contents or the Site infringes your intellectual property, please notify us using the following procedure:
Please send a written notice of intellectual property infringement to info@padder.com.
In your written notice, please provide the following information:
· Identification of the intellectual property claimed to have been infringed;
· Identification of the Contents that you claim are infringing your intellectual property;
· Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
· A statement that you believe that use of the Contents in the manner complained of is not authorized by the owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. Third-Party Information
Any third-party content, data or publications made available through the Site are furnished by Padder on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of Padder. PADDER DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
14. No Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, PADDER AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(a) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS,
(b) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND
(d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SITE WILL BE CORRECTED.
2) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
3) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PADDER OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
4) PADDER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. Limitation of Liability
SUBJECT TO SECTION 14 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PADDER, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND
b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE;
(ii) ANY CHANGES WHICH PADDER MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE);
(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE;
(iv) YOUR FAILURE TO PROVIDE PADDER WITH ACCURATE ACCOUNT INFORMATION;
(v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
(vi) THE LIMITATIONS ON PADDER’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT PADDER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Disclaimers
Padder informs Users of the following disclaimers:
a) Users recognize that Padder receives information included in the Reports from independent third parties that are outside of the control of Padder. Padder is not responsible for the contents incorporated within the Report whether correct or incorrect. Should discrepancies arise, Users have the right to raise a dispute through the Third-Party Agency themselves. Users agree to give up the right to raise such a dispute with Padder and thus hold Padder harmless and not liable for such incorrect information.
b) The Report should not be the sole basis for any decision by any User. Users should consider other factors that a reasonable decision-maker in a similar situation would take into account. It is recommended that Users not assume a result or finding based solely on a Report. Padder does not represent that the Report is identical or similar to any other credit score, rating model or evaluation tool. The credit information contained in the credit report aspect of the Padder Credit and Background Check Report is a reflection of the latest data available to Third Party credit reporting agencies. Therefore, certain transactions or recent charges made that may affect the relevant credit score may not be made immediately available because a credit score is subject to change.
c) Padder does not warrant that their services will be carried out without interruption or errors. If a Report contains incorrect scores, Padder’s sole duty to the Landlord in such cases will be to reproduce a new report or, should the error be unresolvable, issue a partial or full refund for the Report (at the discretion of Padder).
d) Padder is not responsible under any circumstances for carrying out any vetting process or other form of check on a Landlord.
e) Padder is not responsible for any transaction between Tenant and Landlord or any unfavourable outcome that may arise.
f) Padder does not make any representations, warranties or guarantees other than those expressly set out in these Terms and Conditions.
g) Padder is not to be held responsible for the fulfillment of the terms and conditions of the Tenant Suitability Screening Services.
h) Padder is not responsible for any loss or damage caused, as a result of the failure of a Report used to accurately predict the potential worthiness of a Tenant.
17. Termination
We may terminate your use of the Site and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If you want to terminate your account with Padder, you may do so by closing your account, where Padder has made this option available to you.
Padder may at any time, terminate your use of the Site if:
(a) you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use);
(b) Padder is required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful);
(c) the Third-Party Partner with whom or through whom Padder offered the services to you has terminated its relationship with Padder or ceased to offer the services to you;
(d) Padder is transitioning to no longer providing the Site to users in the country in which you are resident or from which you use the Site; or
(e) the provision of the Site to you by Padder is, in Padder’s opinion, no longer commercially viable.
When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and Padder have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.
18. Indemnification
You agree to indemnify, defend, and hold harmless Padder and its successors and assigns, and any of their respective officers, directors, employees, Users, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Use; (b) your use of the Site; (c) Padder acting in accordance of a Landlord User’s instructions; (d) non-payment of rent by a Tenant User; (e) non-payment or delay of payment by Payor for any reason whatsoever; and (f) any breach of representations, warranties, or covenants herein by User. This provision shall survive the termination of (a) User’s use of the Site or User’s account; or (b) the termination of User’s relationship with Padder.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
19. General
These Terms of Use, together with any Additional Terms, the Privacy Statement and the Copyright Statement constitute the entire agreement between you and Padder relating to your use and our provision of the Site.
You agree that Padder may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site.
You agree that if Padder does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Padder has the benefit of under any applicable law), this will not be taken to be a formal waiver of Padder’s rights and that those rights or remedies will still be available to Padder.
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The laws of the Province of Ontario and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.
20. Obtaining PADDER’s Consent
To request the consent of Padder for any of the actions for which such consent is required under these Terms of Use, please send an e-mail to info@padder.com. Padder reserves the right to refuse any such requests in its sole discretion.
