The information and services offered on this Web site are provided with the understanding that neither Dwelly nor its Suppliers or users are engaged in rendering legal or other professional services or advice. Your use of the site is subject to the additional disclaimers and caveats that may appear throughout the site.
You may access, download and print materials on this site for your personal and commercial use. You may not modify, display, perform, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. If and when requested by Dwelly, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Dwelly, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this site. Unauthorized individuals attempting to access prohibited areas of this site may be subject to prosecution.
The Dwelly service allows landlords and tenants to post information related to rental properties through the Web site (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.
Landlords can post dates and times when rental units are available for viewing. Prospective tenants may schedule a viewing using our scheduling functionality.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Web site 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 Dwelly, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Dwelly 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 Dwelly 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.
You also agree not to access the Web site in a manner that utilizes the resources of the Web site 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 Web site.
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.
Dwelly 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.
Except for User Content, this Web site, and the information and materials that it contains, are the property of Dwelly 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, Dwelly grants you a non-transferable, non-exclusive, license to (a) use the Web site for your use. Nothing in the Terms gives you a right to use the Dwelly 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 Web site. Any future release, update, or other addition to functionality of the Web site shall be subject to the terms of these Terms.
If you provide Dwelly with any suggestions, comments or other feedback relating to any aspect of the Web site and/or Service ("Feedback"), Dwelly may use such Feedback in the Web site or in any other Dwelly products or services (collectively, "Dwelly Offerings"). Accordingly, you agree that: (a) Dwelly 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 Dwelly, (c) Dwelly (including all of its successors and assigns and any successors and assigns of any of the Dwelly Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Dwelly Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Dwelly or any of the other users of the Web site in respect of the Feedback.
This Web site (including User Content) may contain links to other Web sites that are not owned or controlled by Dwelly. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Dwelly of that third party, third party product or service. Dwelly is also not responsible for the content of any linked Web sites. Any third-party Web sites or services accessed from the Web site are subject to the terms and conditions of those Web sites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Web site of a link to any other Web site(s) does not imply that Dwelly endorses or accepts any responsibility for the content or use of such Web sites, and you hereby release Dwelly from all liability and/damages that may arise from your use of such Web sites or receipt of services from any such Web sites.
The Web site, service and all materials provided therein are provided "as is." Dwelly 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. Dwelly 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 Web site or in respect to any Web site that can be reached from a link on the Web site or featured in any banner or other advertising on the Web site, and Dwelly shall not be a party to any transaction that you may enter into with any such third party. Dwelly will not be liable for any type of content exchanged by means of the service or by any interactions among users.
Under no circumstances shall Dwelly 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 Web site 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 Web site, (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 Web site or (v) any errors or omissions in any material on the Web site or any other loss or damage of any kind arising from or relating to your use of the Web site. These limitations shall apply even if Dwelly has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, Dwelly’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 Dwelly in the prior 12 months (if any). The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.
Dwelly may alter, suspend, or discontinue this Web site at any time and for any reason or no reason, without notice. The Web site and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Dwelly may periodically add or update the information and materials on this Web site without notice.
This section outlines how personal information may be collected and used (or not used) on this Web site, and outlines responsibilities and liabilities that correspond to such collection and/or use. These terms cover this Web site and its content exclusively, and do not include Web sites that are linked, or malicious third-parties. It is our commitment to end users to operate this Web site with integrity and honesty – taking the time, effort, and care to protect users and information that may be provided.
Information sent or received over the Internet is generally insecure and Dwelly cannot and does not make any representation or warranty concerning security of any communication to or from the Web site 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. Dwelly will not be liable for any loss or damage arising from your failure to comply with these requirements.
Dwelly 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 Dwelly, such as your first name, last name, home address, social insurance number, and answers to security questions (your “Credit Information”). Dwelly 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 Dwelly by completing the required forms on the Site, or by allowing us to access your name and other profile information through existing accounts you may have on LinkedIn (your “LinkedIn Profile”). Dwelly 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 Dwelly to charge your Credit Card for any and all service fees incurred by your use of the Affiliate Services, as applicable; and (d) authorize Dwelly 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 Dwelly has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dwelly 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).
CREA is the owner of the REALTOR® and MLS® trademarks: “REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to The Canadian Real Estate Association (CREA). These certification marks identify real estate professionals who are members of CREA and who must abide by CREA’s By-Laws, Rules, and the REALTOR® Code. The MLS® trademark and the MLS® logo are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA.
The information contained on this site is based in whole or in part on information that is provided by members of The Canadian Real Estate Association, who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members and assumes no responsibility for its accuracy.
Dwelly 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 “Dwelly Verified Photo” or similar wording (“Verified Images”). All images, materials and content created by these photographers provided by Dwelly, including Verified Images, constitute Dwelly Content, regardless of whether you include them in your Listing.
Dwelly 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 Dwelly of any user or any Accommodation. Users are required by these Terms to provide accurate information, and although Dwelly 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 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 Dwelly 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 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. Dwelly is not responsible for any damage or harm resulting from your interactions with other users.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Service, please contact us at: hello[at]dwelly.ca