PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
1. Key Terms
Rhenti provides an online platform that connects Property Owners who have accommodations to rent with Renters seeking to rent such accommodations, as well as ancillary property management services for Property Owners (collectively, the “Services”), which Services are accessible at Rhenti.com and any other websites through which Rhenti makes the Services available (collectively, the “Site”) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”).
“Accommodation” means residential and other properties.
“Collective Content” means Member Content and Rhenti Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Property Owner” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means a property that is listed by a Property Owner as available for rental via the Site, Application, and Services.
“Member” means a person who completes Rhenti’s account registration process, including but not limited to Property Owners and Renters.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Rhenti promotional campaign to be made available through the Site, Application or Services.
“Rental Term” means the length of time a Property Owner has agreed to rent an Accommodation to a Renter.
“Renter” means a Member who attempts to rent a property from a Property Owner via the Site, Application or Services.
“Rhenti Ambassador” means an employee of Rhenti who performs Accommodation verifications.
“Rhenti Content” means all Content that Rhenti makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees that Accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
“Rhenti Quote” means a document, subject to acceptance, that summarizes the key terms of a client engagement such as duration, pricing, start date, payment terms, exit terms, etc.
2. Terms of Service
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), 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 and all Collective Content, and constitute a binding legal agreement between you and Rhenti. Please also read carefully our Privacy Policy.
In addition, certain areas of the Site and Application may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area.
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.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PROPERTY OWNERS MAY CREATE LISTINGS FOR ACCOMMODATIONS AND RENTERS MAY LEARN ABOUT AND RENT ACCOMMODATIONS DIRECTLY WITH THE PROPERTY OWNERS. YOU UNDERSTAND AND AGREE THAT RHENTI IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROPERTY OWNERS AND RENTERS, NOR IS RHENTI A REAL ESTATE BROKER, AGENT OR INSURER.
IF YOU CHOOSE TO CREATE A LISTING ON RHENTI, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH RHENTI IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF RHENTI FOR ANY REASON.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM 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 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.
3. Modification
Rhenti 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 either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. By continuing to access or use the Site, Application or Services after we have posted a modification, you are indicating that you agree to be bound by the modified Terms.
4. Eligibility
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.
Rhenti may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. You agree and authorize us to use your personal information to obtain such reports, including from Rhenti vendors. Rhenti agrees not to share this information with any third party.
5. How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and renting of Accommodations. Such Accommodations are included in Listings on the Site, Application and Services by Property Owners. You may view Listings as an unregistered visitor; however, if you wish to rent an Accommodation or create a Listing, you must first register to create a Rhenti Account.
Rhenti makes available an online platform or marketplace with related technology for Renters and Property Owners to meet online and arrange for rentals of Accommodations directly with each other. Rhenti is not an owner or operator of properties, nor is it a provider of properties, and Rhenti does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. Unless explicitly specified otherwise in the Rhenti platform, Rhenti’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
6. Account Registration
In order to access certain features of the Site and Application, and to rent an Accommodation or create a Listing, you must register to create an account (“Rhenti Account”) and become a Member. You may register to join the Services directly via the Site or Application.
Your Rhenti Account and your Rhenti 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 Rhenti 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. Rhenti reserves the right to suspend or terminate your Rhenti Account and your access to the Site, Application and Services if you create more than one (1) Rhenti Account, or if any information provided proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Rhenti Account.
7. Renter Profiles
As a Member, you may create a Renter Profile. To create a Renter Profile, you will be asked a variety of questions about yourself, including, but not limited to, your age, education status and history, employment status and history, and current residential status history. If Rhenti discovers that any of the information you have provided is inaccurate or misleading, Rhenti may, at its sole discretion, shut down or suspend your Rhenti Account.
In an effort to complete your Renter Profile, you may elect to allow Rhenti to conduct a credit check into your creditworthiness. Rhenti represents and warrants that the result of this credit check will only be shared with Property Owners that receive at least one application from you to rent one of their listings through the Rhenti Site, Application or Services.
You may also elect to provide Rhenti with uploaded reference letters, or referees to contact. Rhenti represents and warrants that the information collected from this process will remain strictly confidential, and will not be licensed to or shared with third parties in any manner, except any Property Owners that receive an application from you.
8. Accommodation Listings
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, capacity, 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.
If you have created a Listing, a Rhenti Ambassador may visit the Accommodation within 1-3 business days to perform a verification. During this verification, the Ambassador will take photos and key measurements of the Accommodation. The Ambassador’s photographs, measurements and descriptions will be used to populate your Listing on the Site, Application or Services.
You represent and warrant that any Listing you post and the renting of an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Accommodation. Rhenti reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason.
If you are a Property Owner, you understand and agree that Rhenti does not act as an insurer or as your contracting agent. If a Renter rents your Accommodation via Rhenti, any agreement you enter into with such Renter is between you and the Renter and Rhenti is not a party to it.
Rhenti recommends that Property Owners obtain appropriate insurance for their Accommodations.
9. Lease Agreement
In order to secure an Accommodation for the rental term specified, a Renter will be presented with a digitized copy of a Lease Agreement, customized to the specifications of the Property Owner, and will have to digital sign that Lease Agreement. A doubly executed copy (also signed by the Property Owner) will be sent via e-mail or mail service to both the Renter and the Property Owner once executed.
This Lease Agreement encompasses the terms and conditions that govern a Renter’s occupation of a Property Owner’s premises. In no way is Rhenti a party to any of said Terms and Conditions; Rhenti’s role is merely to facilitate and simplify the process of a Property Owner finding the right Renter for their Accommodation, and vice versa.
10. No Endorsement
Rhenti does not endorse any Member, Listing or Accommodation. 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 Rhenti of any Member, Listing or Accommodation.
Members are required by these Terms to provide accurate information. Although Rhenti may, for transparency or fraud prevention or detection purposes, or to create a comprehensive Member profile, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site, Application or Services to a Member being “Rhenti verified” only indicate that the Member has completed a relevant verification or identification process, and has been vetted by Rhenti, and does not represent anything else. We therefore recommend that you always exercise due diligence and care when deciding whether to rent from a Property Owner or to have any other interaction with any other Member.
11. User Conduct
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 Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- access or use our Site, Application, Services or the Rhenti API to use, expose, or allow to be used or exposed, any Rhenti Content in a way that is inconsistent with the Rhenti Privacy Policy or Terms of Service, or violates the privacy rights of Rhenti’s users or any other third party;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Rhenti endorsement, partnership or otherwise misleads others as to your affiliation with Rhenti;
- dilute, tarnish or otherwise harm the Rhenti brand in any way, including through unauthorized use of Collective Content;
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of Rhenti or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
- interfere with or damage our Site, Application or Services, including through the use of viruses, cancel bots, Trojan horses, harmful code, denial-of-service attacks, or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity without their permission;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of our Site, Application, Services or Collective Content;
- offer, as a Property Owner, any Accommodation that you do not yourself own or have permission to rent;
- offer, as a Property Owner, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party;
- register for more than one Rhenti Account or register for an Rhenti Account on behalf of an individual other than yourself;
- unless Rhenti explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself;
- contact another Member for any purpose other than asking a question related to a Booking, Accommodation, Listing, or the Member’s use of the Site, Application and Services;
- recruit or otherwise solicit any Property Owner or other Member to join third-party services or websites that are competitive to Rhenti, without Rhenti’s prior written approval;
- recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a Property Owner or Renter and then complete a booking of an Accommodation independent of the Site, Application or Services;
- engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
- post, upload, publish, submit or transmit any Content that infringes third-party rights, violates law, is fraudulent, defamatory, obscene, promotes discrimination or hate, is violent or threatening, or promotes illegal or harmful activities;
- systematically retrieve data or other content from our Site, Application or Services to create or compile a collection, compilation, database, or directory;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within them, without Rhenti’s express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, Rhenti’s computer systems, or the technical delivery systems of Rhenti’s providers;
- attempt to probe, scan, or test the vulnerability of any Rhenti system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Rhenti;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
- advocate, encourage, or assist any third party in doing any of the foregoing; or
- accept or make a payment for Accommodation Fees outside Rhenti Payments if you opt to accepting rental payments through the Site.
Rhenti has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, Rhenti may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) or Rhenti Account, for a violation of this Section or these Terms.
Reporting Misconduct
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 Rhenti by contacting us with your police station and report number.
12. Privacy
You agree that Rhenti’s Privacy Policy (as may be updated from time to time) governs Rhenti’s collection and use of your personal information.
13. Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States 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 Rhenti 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 Rhenti used on or in connection with the Site, Application, Services, and Rhenti Content are trademarks or registered trademarks of Rhenti in the US and abroad.
14. Additional Terms
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to Rhenti (“Referral Program”). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
15. Rhenti Content and Member Content License
Subject to your compliance with these Terms, Rhenti grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Rhenti Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms.
16. Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Rhenti promotional campaigns, you hereby grant to Rhenti a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content. Rhenti does not claim any ownership rights in any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Rhenti promotional campaigns. You represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content or you have all rights, licenses, consents and releases that are necessary to grant to Rhenti the rights in such Member Content; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights.
17. Links
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Rhenti 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 Rhenti. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Some portions of the Rhenti platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.
18. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at contact@Rhenti.com. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Rhenti and you hereby irrevocably assign to Rhenti 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.
19. Copyright Policy
Rhenti respects copyright law and expects its users to do the same. It is Rhenti’s policy to terminate in appropriate circumstances the Rhenti Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
20. Term and Termination, Suspension and Other Measures
20.1 Term
Unless otherwise specified in your Rhenti Quote, this Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Rhenti terminate the Agreement as described below.
20.2 Termination for Convenience
Unless otherwise specified in your Rhenti Quote, you may terminate this Agreement at any time via the cancel services feature on the Site or by sending us an email.
Without limiting our rights specified below, Rhenti may terminate this Agreement for convenience at any time by giving you 30 days’ notice via email to your registered email address.
20.3 Termination for Breach, Suspension and Other Measures
Rhenti may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Rhenti Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Rhenti believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Rhenti or third parties.
In addition Rhenti may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your Rhenti Account, temporarily or permanently revoke any special status associated with your Rhenti Account, or temporarily or permanently suspend your Rhenti Account if (i) you have breached these Terms or our Policies, or (ii) Rhenti believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Rhenti or third parties.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Rhenti and an opportunity to resolve the issue to Rhenti’s reasonable satisfaction.
20.4 Consequences
If we take any of the measures described above we may (i) communicate to your Renters or Property Owners that a pending or confirmed booking has been cancelled, (ii) refund your Renters in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, (iii) support your Renters, on an exceptional basis, in finding potential alternative Accommodations, and (iv) you will not be entitled to any compensation for confirmed bookings that were cancelled.
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 Rhenti Account or any of your Member Content.
20.5 Survival
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
21. Disclaimers
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT RHENTI DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND PROPERTY OWNERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RHENTI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. RHENTI MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RHENTI 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. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS, INCLUDING, BUT NOT LIMITED TO, RENTERS AND PROPERTY OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
22. Limitation of Liability
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, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF RHENTI REMAINS WITH YOU. NEITHER RHENTI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
Except for our obligations to pay amounts to applicable property owners pursuant to these terms, in no event will Rhenti’s aggregate liability arising out of or in connection with these terms exceed the amounts you have paid in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Canadian dollars (CAD$100), if no such payments have been made, as applicable.
23. Indemnification
You agree to release, defend, indemnify, and hold Rhenti 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 interaction with any Member, booking of an Accommodation, or creation of a Listing; (d) the use, condition or rental of an Accommodation by you; and (e) your participation in the Referral Program.
24. Entire Agreement
Except as they may be supplemented by additional Rhenti policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Rhenti and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any bookings or Listings of Accommodations made via the Site, Application and Services.
25. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Rhenti’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Rhenti may assign or transfer these Terms, at its sole discretion, without restriction.
26. Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Rhenti (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
27. Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the Province of Ontario and Canada, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Toronto, Ontario, Canada for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
28. General
The failure of Rhenti 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 Rhenti. 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.
29. Third Party Beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
30. Contacting Rhenti
If you have any questions about these Terms, please contact Rhenti at contact@Rhenti.com.
Rhenti Ltd.
18 King St E Suite 1400
Toronto, ON M5C 1C4
1 (866) 420-8913 · contact@Rhenti.com