- The Service. The Casalova service allows landlords and tenants to post information related to rental properties through the Website and/or App (the “Service”). You can view rental listings without registering for an account, however you must be a registered user to post a listing, or to contact a landlord about a listing.
- Posting and Scheduling Viewings. Landlords can post dates and times when rental units are available for viewing. Prospective tenants may schedule a viewing using our scheduling functionality.
- Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Casalova, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Casalova does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Casalova be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
In using the Website, App and/or Service you shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- you do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers, without their permission;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App; or
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
- License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Casalova will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
- End User License. Except for User Content, the App, this Website, and the information and materials that it contains, are the property of Casalova and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Casalova grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the Application on a mobile device that you own or control for your use (the “License”). The App is licensed to you and not sold. Nothing in the Terms gives you a right to use the Casalova names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or App shall be subject to the terms of these Terms.
- Feedback. If you provide Casalova with any suggestions, comments or other feedback relating to any aspect of the Website, App and/or Service ("Feedback"), Casalova may use such Feedback in the Website or in any other Casalova products or services (collectively, "Casalova Offerings"). Accordingly, you agree that: (a) Casalova is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Casalova, (c) Casalova (including all of its successors and assigns and any successors and assigns of any of the Casalova Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Casalova Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Casalova or any of the other users of the Website in respect of the Feedback.
- Ratings and Reviews. By registering for an account, you agree that other users may rate you in your capacity as a landlord or tenant, and may post reviews about you. We have no obligation to monitor ratings and reviews and we do not pre-approve them prior to posting. We will not be liable for any negative ratings and/or reviews you receive from other users. If you feel you have received a review that is defamatory or otherwise inappropriate, you may contact us and we will attempt to investigate the complaint and take any action or inaction that in our sole discretion is appropriate under the circumstances.
- Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by Casalova. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Casalova of that third party, third party product or service. Casalova is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Casalova endorses or accepts any responsibility for the content or use of such websites, and you hereby release Casalova from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." Casalova SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. Casalova DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND Casalova SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. Casalova WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE OR BY ANY INTERACTIONS AMONG USERS.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL Casalova BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF Casalova HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Casalova’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CAD DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID Casalova IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Availability & Updates. Casalova may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Casalova may periodically add or update the information and materials on this Website without notice.
- Security. Information sent or received over the Internet is generally insecure and Casalova cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Casalova will not be liable for any loss or damage arising from your failure to comply with these requirements.
Use of Information for Background Check
(3) Third Party Affiliate Services. Casalova uses third party affiliates to provide such services as providing credit reports in order to determine a User’s credit worthiness and for the payment of rental application fees (“Affiliate Services”). In order to access the features of the Affiliate Services, you will be required to provide certain information to Casalova, such as your first name, last name, home address, social insurance number, and answers to security questions (your “Credit Information”). Casalova may also request other information including such information as your first and last name, email address, job title, employer, and phone number (your “Personal Information”). You may provide your Personal Information to Casalova by completing the required forms on the Site or Casalova App, or by allowing us to access your name and other profile information through existing accounts you may have on LinkedIn (your “LinkedIn Profile”). Casalova does not store any of your Credit Information except for the last three digits of your social insurance number to assist you in identifying any applicable application you submit. You agree to: (a) provide true, accurate, current and complete information about yourself when using the Affiliate Services, including any credit card information (your “Credit Card”), (b) maintain and promptly update your Credit Information and/or Personal Information to keep it true, accurate, current and complete, (c) authorize Casalova to charge your Credit Card for any and all service fees incurred by your use of the Affiliate Services, as applicable; and (d) authorize Casalova to share such Credit Information and/or Personal Information, as applicable, with our third party affiliates. If you provide any information that is untrue, inaccurate, not current or incomplete, or Casalova has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Casalova has the right to suspend or terminate your account and refuse any and all current or future use of the Services and/or the Affiliate Services (or any portion thereof).
Real Estate Licenses and Real Estate Services
Casalova does not broker real estate transactions. Casalova does not act as a real estate agent for you or an other user. For specific advice on real estate matters, you should always seek the advice of a licensed real estate agent or broker. Casalova does not hold itself out as being licensed to perform any such services, including but not limited to real estate brokerage, valuation, legal, financial, or accounting services, and expressly disclaims any legal capacity or licensure to do so. Casalova does not assume any liability or responsibility for the services of its Clients or any of their agents. Because the information available to you is provided by other content providers, Casalova cannot assume any responsibility or liability for the timeliness, completeness, or accuracy of any of the real estate content provided to you through the Site, Casalova App, or the Service. Furthermore, you understand and agree that Casalova has not entered into any form of fiduciary or brokerage relationship with you solely by your use of the Site, Casalova App, or the Services, or accessing the materials available on the Site or Casalova App.
Verified Listings (Photography/Video)
Casalova may offer Landlords the option of having photographers take photographs of their Listings. If you as a Landlord choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “Casalova.com Verified Photo” or similar wording (“Verified Images”). All images, materials and content created by these photographers provided by Casalova, including Verified Images, constitute Casalova Content, regardless of whether you include them in your Listing.
Verified Users (Account Verification)
Casalova does not endorse any user or any Listing. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by Casalova of any user or any Accommodation. Users are required by these Terms to provide accurate information, and although Casalova may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or the user’s purported identity or background.
Any references in the Site, Application or Services to a user being “verified” or “connected” (or similar language) only indicate that the user has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Casalova about any user, including of the user’s identity and whether the user is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Landlord or to accept a booking request from a Tenant, or to have any other interaction with any other user. Casalova is not responsible for any damage or harm resulting from your interactions with other users.
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 users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Casalova with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Landlord against Casalova regarding the remittance of payments received from a Tenant by Casalova on behalf of a Landlord, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the App or Service, please contact us at: hello[at]casalova.ca