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If you do not agree to these Terms, you have no right to obtain or use the platform or any information and services from the platform. Failure to comply with these Terms while using the platform may subject you to civil and criminal penalties.
Under no circumstance will Happipad be liable for any user content, errors or omissions in any part of the platform, discrepancies, any loss, damage, or inconvenience caused by the content. By posting any content on the platform, you grant us a non-exclusive, royalty free license, with the right to sub-license, to: use, transmit, copy, modify, display, store, and distribute user content and collected information. Happipad will not be liable for any damages which may result from collection or use of any content. As a user, you agree to have all power and authority necessary to grant the non-exclusive rights to any content you post on the platform or through our services.
Any user of the Platform shall be treated as an individual with no relationship in any regard to Happipad. Each user is fully responsible for their own actions and for any rental agreement they enter through using the platform. Happipad cannot and has no authority to control the actions of any user and shall under no circumstance assume any liability for the actions of a landlord or tenant before, during, or after a tenancy. Happipad is not responsible and shall not be involved in any disputes, disagreements, agreements, or contracts between landlord and tenant. Happipad is not responsible for the quality or accuracy of any reviews, credit reports, screening reports, or reviews, each user shall assume full, personal responsibility when making decisions based upon any information obtained through the platform or its affiliated services. Happipad does not have any legal capacity to give advice, arbitrate, or moderate, all responsibility is held by you.
As a user of the platform you agree to not create any false or misleading information, impression, or misrepresentation. Under no circumstance shall any user falsely indicate to be a representative of Happipad, any user other than yourself, or a legal entity other than yourself.
Happipad may make available certain information provided by third parties and other users related to various professional fields such as, without limitation, home improvement, renovation and design related matters, property investment, property managing and renting advice, economic, and social. The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation from Happipad for a specific treatment plan, product, or course of action. Use of the Happipad Platform does not replace consultations with a qualified real estate broker, contractor, designer or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Happipad, including its information suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information. The information made available through the Platform does not necessarily reflect the beliefs or opinions of Happipad.
Users shall only post listings which they have a legal right and permission to offer for rent. Properties which are illegal, uninhabitable, or not authorized by the owner or property strata for renting shall not be permitted. Posting a property for rent does not guarantee it will be rented. Property listings must only contain true, factual information and pictures. Happipad reserved the right to remove listings which are misleading, duplicate, fraudulent, or in violation of these Terms, without any warranty or notice. Happipad is not responsible for any errors in the listing content or photos. Properties will be automatically de-listed upon acceptance of an offer, or expiration of the property. Property listings will be considered expired if an offer is not accepted within 60 days of listing. Properties may be re-listed to re-activate the listing if expired or if the current tenancy is ending.
Tenants who do not confirm attendance at a showing through the Platform may not be able to obtain access to the property. Happipad is not responsible for coordinating showings or ensuring availability of any property for a showing, these responsibilities shall be assumed by the individual users. Happipad does not guarantee the availability or access of any property for viewings.
All offers are considered final upon submission. Users are obligated to uphold their offer upon submission and acceptance by the landlord. Happipad reserves the right to remove a property after a rental agreement has been formed. Submitting an offer to a property does not guarantee the acceptance of the offer. The landlord has the right to select any tenant for their property at their discretion. Happipad is in no way liable or responsible for the selection of any tenant.
Happipad provides rental contract templates upon the successful formation of a tenancy through the Platform. These templates are auto-filled with the information you provide to us. Happipad is not responsible for the contract content, accuracy, or completeness, each person named on the contract is responsible to review the contract and ensure all information and fields are complete, relevant, and accurate. Any additions or amendments required on the rental contract must be completed and signed by the parties which the contract applies to. Happipad is not a broker or a named party on any rental contract and is not involved or responsible for any correspondence between the parties’ named on the contract. Happipad is not responsible for any aspect of a tenancy or rental contract formed through our Platform. All rental contracts become legally binding documents once accepted and electronically submitted by the parties named on the contract.
By creating an account, you agree that other users may post reviews on your profile and property, these reviews will become public and visible by all Platform users. Happipad will not censor, edit, or delete reviews unless they violate these Terms. Users cannot delete or modify reviews once posted, if you disagree with one of your reviews you can post a response to that review. Happipad has no obligation to monitor and pre-approve user reviews; each user shall be responsible for monitoring the completeness and accuracy of reviews placed on them. Reviews must include only true and factual information about the tenancy. Reviews may contain factual information and a user’s testimony of the experience so long as it does not speculate, discriminate, or wrongfully harm. User reviews do not represent the opinions of Happipad and under no circumstance will Happipad be liable for the content of any reviews.
Reviews must not:
Happipad reserved the right, but has no obligation, to refuse the posting, sharing, or distribution of any content. We reserve the right to access, read, and disclose any information we believe is necessary for: compliance with government policies or requests, legal investigation, detection of address fraud, impersonation, security, technical issues, protection of user’s rights, safety, property verification and ownership, or for violation of our Terms and Conditions.
In using this platform, you agree to not:
Users are responsible for the accuracy and completeness of content posted in their profile. The user profile shall not be used as a means of discrimination or defamation. User profiles may use a company name and logo only if the user is an authorized representative of that company and has rights to do so. User profiles which are falsely created or contain content that is not relevant to property renting are not permitted.
When applying to a property, you give consent to share the personal information provided within your profile, renters resume, and screening or credit report, to the landlord or user who manages the associated account of the property which you applied to. Happipad provides no guarantees or warranties for the screening or credit reports and does not allow any refunds or reimbursements for these reports. Happipad is not responsible for any decisions, outcomes, or information associated with any reports or information within your profile or renters resume. By adding a screening or credit report you give consent that this report will be visible to users you apply to rent from and your personal information will not be strictly confidential. After your offer expires, is removed, or the property is rented to another user, any reports and personal information will no longer be made available to the users you have applied to.
Happipad does allow posting of any third-party content, links, or advertising which is not pre-approved by us. Any content believed to be in violation shall be removed by Happipad without notice.
Happipad hosts an online Platform though which landlords and tenants are able to list properties for rent and form tenancy agreements. Happipad is not a party in any rental agreement formed between any landlord and tenant. Happipad is not a real estate broker, agent, or insurer. Happipad is not responsible for the conduct of landlords or tenants, or for any property listed on the platform. Happipad does not guarantee the quality or accuracy of any property, or user. Happipad is not responsible for the condition or state of repair of any property. Happipad is under no circumstance liable for any person who uses the platform or for any property or information posted or rented through the platform. Happipad is not liable for any property damages, whether software, hardware, or any breach or compromise of information, data, files, or electronic documents. Happipad is not responsible nor shall be involved in any decisions or selections in any aspect of a property rental, screening, or other aspect of a tenancy agreement. Under no circumstance and without limitation shall Happipad be liable for any damages, losses, or inconveniences that result from use of this platform or in relation to services from this platform. This limitation of liability is valid even if Happipad has been advised of the possibility of such damages.
Any dispute or claim relating in any way to your use of the Happipad platform will be resolved by binding arbitration, rather than in court. Arbitration must be done in Kelowna, B.C. Canada. The BC Arbitration Act applies to this document and any claims. Any dispute resolution shall be conducted on an individual basis and not in a class, consolidation, or representative action. If for any reason a claim proceeds in court we each waive any right to a jury trial. You agree that we may bring suit in court for any misuse or infringement of intellectual property or failure to comply with these Terms.
A service fee for the Happipad services will be charged upon formation of a rental agreement. A fee will also be charged if you upgrade to a premium account. No charges will be applied when posting a property, making offers, or viewing properties. Upon an offer being accepted both the landlord and tenant shall be charged the current service fee. A tenant will not be charged if their offer is not accepted. Upon profile creation, credit card information will be taken for account validation, no charges will be applied at that time unless you register for a premium account. A property listing which has received at least one offer which has not been accepted and has reached its expiration listing date, it may be charged an advertising fee, in lieu of the service fee, for an amount equal to the service fee, to the user who listed the property. All service and advertising fees are subject to applicable tax.
Payment processing and user verification for all Happipad Platform users are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a user on the Happipad Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Happipad enabling payment processing services through Stripe, you agree to provide Happipad accurate and complete information about you and your business, and you authorize Happipad to share it and transaction information related to your use of the payment processing services provided by Stripe.
Happipad performs regular updates and improvements to the platform. Happipad cannot guarantee the Platform will be available at all times and shall have no liability for inconvenience or damages caused from the platform being unavailable. Happipad may alter or update any services or features of the platform without notice. Happipad is not liable for any loss of functionality, features, or user content, due to changes or updates of the Platform.
Happipad does not guarantee the security of any information shared or submitted through the Platform. Happipad does not pose any representation or warranty concerning the security of any communication with the Platform, or interception by any third parties, of any user information including personal information. You are responsible for safeguarding your log-in credentials and signing out of your account when not in use. Happipad is not responsible for the actions of any individual which may have compromised the safety or security of their account and personal information.
This platform, trademarks, copyrights, and collected information are property of Happipad. All property of Happipad is protected from intellectual property laws and shall not be copied or reproduced without written consent from Happipad. Happipad permits you to use the platform and its services, subject to accepting and obeying the terms of this Agreement. Happipad has no liability for the actions of it’s users or any personal loss or damages that may result from the actions of other users or use of the platform.