liv.rent Terms and Conditions
Last Updated: June 2, 2021
1.1. Acceptance of Terms. Welcome to liv.rent. These Terms and Conditions (the “Terms”) constitute a binding contract between you (“you”or “your”) and Liv Strategies Inc. (“Liv Strategies”, “us” “we”, and “our”). These Terms govern your access and use of: (a) https://liv.rent/ (the “Site”); (b) the liv.rent mobile application (the “App”); and (c) all other services, products, and content provided by Liv Strategies in relation to the Site or App (the Site, App, and the services, products, and content referred to in subclause (c), collectively, the “Services”). Please read these Terms carefully before using the Services. By using the Services, clicking a button or checking a box that confirms your acceptance of these Terms, or by otherwise indicating your acceptance of these Terms, you agree to be bound by these Terms. If you do not agree with or accept any of these Terms, you must cease using the Services immediately. If you have any questions about the Services, please contact firstname.lastname@example.org.
1.2. Organizations. If you are using or accessing the Services on behalf of an organization, then you affirm: (a) that you are an authorized representative or agent of that organization with the authority to bind such entity to these Terms; and (b) that such organization accepts and is bound by these Terms. In such a circumstance, the words “you” and “your” as used in these Terms will refer to and apply to both that organization and you personally.
1.4. Age. The Services may be used only by persons at least 19 years of age or the age of majority under applicable law to form a binding contract with Liv Strategies if such age is older than 19. If you do not meet this requirement you must not use the Services.
1.5. Accessibility. We seek to make the Services as accessible as possible. If you have any problems accessing the Services or the content contained on it, please contact us at email@example.com.
1.6. Notice of Binding Arbitration; Waiver of Class Action. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 18 WHICH PROVIDES THAT YOU WILL RESOLVE ALL DISPUTES THROUGH MANDATORY AND BINDING ARBITRATION, UNLESS YOU OPT OUT THROUGH THE MECHANISM PROVIDED IN THESE TERMS OR ARE IN A PROVINCE, STATE, OR COUNTRY IN WHICH THE COURTS WILL NOT PERMIT YOU TO CONSENT TO BINDING ARBITRATION. THIS MEANS THAT, IN THE EVENT OF A DISPUTE WITH LIV STRATEGIES, YOU WILL NOT BE ABLE TO HAVE THAT DISPUTE RESOLVED BY A JUDGE OR A JURY. ADDITIONALLY, IN SECTION 18 OF THESE TERMS, YOU ALSO WAIVE YOUR RIGHT TO A JURY TRIAL AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS AGAINST LIV STRATEGIES. PLEASE CAREFULLY READ SECTION 18.
1.7. Important Terms Affecting Your Rights. Sections 15(Disclaimers) and16(Limitation of Liability & Release of Claims) contain important terms affecting your rights and legal remedies against the Liv Strategies Parties. We encourage you to review these sections carefully.
1.8. Modification to Services. The Services, including its functionalities, features, pricing, information, and materials, may be changed, withdrawn, or terminated by Liv Strategies at any time in Liv Strategies’ sole discretion without notice. Liv Strategies will not be liable if for any reason all or any part of the Services is restricted to Users or unavailable at any time or for any period.
2. DEFINITIONS & INTERPRETATION
2.1. Definitions. The following definitions apply in these Terms:
(a) “Affiliate” means a Person directly or indirectly controlled, controlling, controlled by, or under common control with Liv Strategies. “control” for the purpose of this definition shall mean, with respect to any Person, the right to exercise or cause to be exercised at least fifty per cent (50%) of the voting rights in such Person.
(b) “Landlord” means a Users that has registered a landlord Account on the Services.
(c) “Laws” means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, other requirement or rule of law of any federal, provincial, state, municipal, or foreign government or political subdivision thereof, or any arbitrator, court, or tribunal of competent jurisdiction.
(d) “Listing” means a listing for a Rental Property that is posted on the Services by a Landlord.
(e) “Liv Strategies Parties” means Liv Strategies, its Affiliates, and its and their respective employees, agents, officers, directors, third-party licensors, service providers, successors, and assigns.
(f) "Losses" mean all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, disbursements, and charges, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.
(g) “Payment Processors”means the third-party service providers authorized by Liv Strategies to process payments made by Users through the Services.
(h) “Person” means an individual, corporation, company, limited liability company, body corporate, partnership, joint venture, governmental authority, unincorporated organization, trust, association or other entity
(i) “Rental Dues” mean amounts required to be paid by a Renter to a Landlord that relate to the rental of a Rental Property by the Renter and that are required under a Tenancy Agreement, such as application fees, deposits, rents, move-in fees, and move-out fees.
(j) “Rental Property” means a rental property advertised, listed, managed, or administered through the Services;
(k) “Renter” means a registered User of the Services that is seeking to rent a property or that has entered into a Tenancy Agreement.
(l) “Tenancy Agreement” means a tenancy agreement or lease for a Rental Property;
(m) “User” means any user of the Services, including Renters, Landlords, and unregistered visitors;
2.2. Interpretation. For the purposes of these Terms: (a) the words “include,” “includes” and “including” will be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to these Terms as a whole; and (d) unless the context otherwise requires, words in the singular include the plural and those in the plural include the singular. If you are a Landlord, the rights and obligations of a Landlord as described in these Terms apply to you. Similarly, if you are Renter, the rights and obligations of a Renter as described in these Terms apply to you.
3. ACCOUNT REGISTRATION AND LIV PROFILE
3.1. Account Registration. To use certain portions of the Services, you must register an account on the Services ("Account"). Your Account and login credentials (“Credentials”) are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Liv Strategies if you know or suspect that your Account or Credentials have been used by any other person. You shall not register more than one Account except as permitted by Liv Strategies in writing.
3.2. Liv Profile. Users with an Account may create a profile on the Services (the “Liv Profile”). Under each Renter’s default Account settings, Landlords may view that Renter’s simplified Liv Profile, which will be limited to the personal information described on the Services as being disclosed through the Profile Discovery feature. Renters may disable the ability of Landlord’s to view their simplified Liv Profile by turning off Profile Discovery in their Account Settings. However, when a Renter submits a rental application to a Landlord, the recipient Landlord may view the Renter’s full Liv Profile regardless of whether or not that Renter’s Profile Discovery has been disabled. The default Account settings of Landlords allows any User to view the information contained on the Landlord Liv Profile except the Landlord’s contact information. However, when a Renter submits a rental application to a Landlord, the Landlord’s contact information will become viewable by the Renter who submitted the application regardless of the Landlord’s Account settings.
3.3. Account and Profile Data. You shall provide true, accurate, current and complete information about yourself through the Services, including with respect to the creation and maintenance of your Account and Liv Profile (such information being "Your Information"). You will also maintain and promptly update Your Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, out-of-date, or incomplete, or if Liv Strategies has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Liv Strategies has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) by you.
(a) Liv Strategies may act upon any communication that is given through your Account or by using your Credentials. Liv Strategies is not required to verify the actual identity or authority of a person using your Account or Credentials, but Liv Strategies may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if Liv Strategies is not satisfied with the verification. If Liv Strategies, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then Liv Strategies may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
3.5. No Account Sharing. Subject to Section 3.6 (Accounts Made on Behalf of Others), your Account and Credentials are specific to you and may not be shared with or transferred to any other Person. You shall not use an Account which is not your own. If you are using the Services as, or on behalf of, an organization, each individual in your organization who uses the Services requires their own separate Account. You are solely responsible and liable for maintaining the confidentiality of your Credentials and you will be held responsible and liable for any harm caused by disclosing or resulting from any unauthorized use of your Credentials or Account. You will not permit any other person to use your Account or Credentials, and you will immediately notify Liv Strategies if you know or suspect that your Account or Credentials have been used by any other Person. You shall not access your Account from a public or shared computer. You shall logout from your Account at the end of each session.
(a) Accounts Made for Renters. When creating a Tenancy Agreement on the Services, a Landlord may, on behalf of a prospective renter who does not already have an Account on the Services, register a renter Account for that prospective renter if: (i) the prospective renter has provided the Landlord with their written consent to do so; and (ii) the prospective renter is the intended tenant under the Tenancy Agreement. When creating the Account, the Landlord may only submit the personal information provided to the Landlord by the prospective Renter for the purposes of establishing the tenancy. The Landlord may not create accounts for renters using any other method. Once the Account has been created, the Account will be linked to the Tenancy Agreement and the prospective renter will be provided login details for their Account. To login to their Account, a prospective renter must first accept these Terms. Upon accepting these Terms, the prospective renter will be deemed a “Renter” under these Terms and they will be able to set a new password, following which the Landlord will cease to have access to the Renter’s Account.
(b) Accounts made by Other Landlords. If a Landlord belongs to an organization, the Landlord may register landlord accounts for other members of the Landlord’s organization who do not already have a Landlord Account on the Services by using the member invite functionality of the Services only if the prospective landlord has provided the Landlord with their written consent to do so and based only upon the personal information provided to the Landlord by the prospective landlord. This is the only method a Landlord may use to create accounts for members of the Landlord’s organization. Once the Account has been created, it will be associated with the Landlord’s Account as being a member of the same organization and the prospective landlord will be provided login details for their Account. To login to their Account, the prospective Landlord must first accept these Terms. Upon accepting these Terms, the prospective landlord will be deemed a “Landlord” under these Terms and will be able to set a new password and the Landlord who created the Account will cease to have access to the Account.
3.7. Bank Accounts and Wallets. To access certain Services, we may require you to provide us information as necessary to assist us in receiving payment instructions from you in connection with a bank account at an authorized financial institution or cryptocurrency wallet. From time to time, we may provide a functionality that allows you to link multiple Accounts to a single bank account or cryptocurrency wallet. Once linked, those Account holders will be authorized to provide Liv Strategies instructions respecting the linked bank account or cryptocurrency wallet. To revoke the authorization of an Account holder to provide us instructions respecting a bank account or cryptocurrency wallet, you must contact us at firstname.lastname@example.org.
3.8. Account Deletion. You may delete your Account by using the account deletion tool in your Account settings or by emailing us at email@example.com with your deletion request and by following the instructions we provide you. However, your Account deletion request will not be completed until all amounts owed by you to Liv Strategies have been paid for or waived by Liv Strategies in accordance with these Terms. If your Account is deleted, you will lose all access to those portions of the Services that require your Account type and will lose all data stored in your Account. Any account deletion request approved by Liv Strategies will be subject to our reasonable processing times. Account deletion will not result in the deletion of any of your personal information that has been shared with other Users of the Service (for example, personal information that was disclosed as part of your rental application or Tenancy Agreements will not be deleted as a result of your Account deletion). Likewise, your name and communications will continue to appear in the record of any correspondence you had through the Services with any other User or Liv Strategies. Upon deletion of your Account, you cease to be authorized to access or use those portions of the Services that required an Account for access or use; however the remainder of these Terms will continue to apply to you.
3.9. Phone Number. By providing Liv Strategies with your mobile phone number, your consent to receive calls and text-messages (SMS) from Liv Strategies regarding the Services. Standard rates apply. Subject to reasonable processing times, you may opt-out of these communications by time by texting “STOP” to +1 (807) 788-8801 from your enrolled mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages. Certain services may not be available to you if you opt-out of receiving text messages from Liv Strategies. We have no liability to you for any text messages that fail to deliver to your mobile device. The Services do not support VoIP or landlines. You agree not to submit a phone number linked to a VoIP or landline.
3.10. Responsibility for Expenses. You are solely responsible and liable for all costs, expenses, and liabilities related to your access, use, and receipt of the Services.
3.11. Device Limitations. Liv Strategies does not warrant that the Services will work on all devices. You are solely responsible and liable for obtaining and maintaining compatible devices necessary to access and use the Services, as updated from time to time.
3.12. Suspension or Deletion of Account. Liv Strategies may at any time and from time to time, suspend or delete your Account, and any Credentials used by you, for any or no reason, including for any violation of any provision of these Terms.
4. THE SERVICES
4.1. Description of Services. The Services provide a platform that seeks to facilitate the landlord-renter relationship, including the facilitation of: (a) rental property listings and marketing; (b) rental application generation, submission, review, and processing; (c) tenant screening; (d) landlord-tenant communications; (e) online execution of tenancy agreements;and (d) rent payment processing.
4.2. Relationship of the Parties.
(a) Liv Strategies does not own, lease, license, sell, create, resell, control, manage, offer, supply, or deliver any Rental Properties. Although we provide a means for Renters and Landlords to communicate with each other and provide tenancy agreement forms (each form, a “Lease Form”) that can be used by Renters and Landlords, we are not a party to your discussions or transactions concerning Rental Properties or Tenancy Agreements, we do not make or receive offers on your behalf, we do no assist you with the negotiation or drafting of any Tenancy Agreements, we do not advise you in any manner with respect to your Rental Properties or Tenancy Agreements, and we are not parties to any Tenancy Agreement you enter into as a result of your use of the Services (including where you have used a Lease Form). When a Landlord and Renter enter into a Tenancy Agreement, they are contracting directly with each other and not with Liv Strategies. Liv Strategies is not a party to any transactions between Landlords and Renters. Liv Strategies does not assume any responsibility or liability for any aspect of any Tenancy Agreement any responsibility or liability for ensuring: (a) that payment is made under Tenancy Agreements; or (b) that Rental Properties are satisfactory, safe, or lawful. Liv Strategies is not responsible or liable for resolving any payment dispute, performance dispute, or any other type of dispute between you and any other User related to any matter whatsoever. Liv Strategies is under no obligation to provide any assistance to any User in respect of any dispute they might have with another User. Liv Strategies has no responsibility or liability for your interactions, transactions, agreements, or disputes with other Users, even if we intervene in such interactions, transactions, or agreements, or disputes. Liv Strategies does not vouch for or endorse any User. You agree that Liv Strategies is not a party to any dispute you have with any other User.
(b) Liv Strategies does not employ or contract any Persons to act as Landlords or Renters, to manage any Listing or Rental Property, or to negotiate or otherwise advise you regarding your rentals or Tenancy Agreements. If an employee, contractor, representative, or agent of Liv Strategies happens to use the Services as a Landlord or Renter, they are doing so in their personal capacity as not in their capacity as an employee, contractor, representative, or agent of Liv Strategies (as applicable). Landlords and Renters are not partners, representatives, agents, joint venturers, contractors, or franchisees of Liv Strategies. Liv Strategies is not a lessee or lessor of Rental Properties and does not employee or contract Persons to lease out Rental Properties.
4.3. Subscription. To access certain services, you must register for a subscription plan. Details of the available subscription plans and pricing can be found on the Services or by contacting a Liv Strategies sales representative. When you register for a subscription plan, your subscription will continue for the period you have chosen. By default, subscription plans auto-renew successively until terminated in accordance with these Terms. If you have registered for a subscription plan, your subscription will commence on the date specified in the confirmation email sent by Liv Strategies and will automatically renew for an additional subscription period at the end of each subscription period (including any renewal periods) unless: (a) you have first cancelled your subscription; (b) you registered for a subscription that does not auto-renew; (c) Liv Strategies has deleted your Account; or (d) these Terms have been terminated in accordance with its terms. If you have registered for a subscription plan, you can find details of your plan in your Account settings.
4.4. Fees for Services. Your use of certain services may result in you incurring fees. Some fees are one-time fees charged for a particular product, service, add-on, or feature, while other fees may be recurring. You shall pay to Liv Strategies all applicable fees by the due date communicated to you by Liv Strategies.
4.5. Permissible Listings. Liv Strategies may establish and modify criteria in respect of Listings that may be posted on the Services.
4.6. Removal of Listings. Liv Strategies may remove or modify any Listing for any reason whatsoever, regardless of whether the Listing meets Liv Strategies posted criteria for Listings. Liv Strategies will have no liability to you for any Losses you incur arising out of or related to the removal or modification of a Listing.
4.7. Availability. The Services are not available in all jurisdictions. We may limit or restrict availability of the Services, and certain features, functionalities, and services of the Services to our authorized service jurisdictions, as updated by us from time to time (“Service Jurisdictions”). If you are not within one of our Service Jurisdictions, you must not use the Services. We reserve the right to decline to provide access to the Services to any Person, even if located within one of our Service Jurisdictions.
4.8. Lease Forms and Tenancy Agreements.
(a) Lease Forms. We make Lease Forms available solely as a convenience to you for the purpose of executing Tenancy Agreements for Rental Properties. We do not represent, warrant, or guarantee that any Lease Form will: (i) meet your specific needs; (ii) be appropriate or suitable in your circumstances; or (iii) meet the requirements of the Laws of your jurisdiction. You acknowledge that you should always review your intended tenancy agreement with a qualified legal practitioner licensed in your jurisdiction before entering into a Tenancy Agreement. You assume all risk arising out of or related to your use of a Lease Form. We do not provide any assistance respecting the negotiation or determination of the terms of your Tenancy Agreements. Liv Strategies is not a witness or party to your Tenancy Agreements or your transactions with any User of the Services.
(b) Record Keeping Obligations. Liv Strategies has no responsibility for determining or advising you of Tenancy Agreement record keeping obligations (if any) in your jurisdiction.
(c) Electronic Signatures. The Services may provide a means to electronically sign Tenancy Agreements; however, this does not mean that we have verified that electronic signatures are a legally effective means of signing tenancy agreements or leases in your jurisdiction. You are solely responsible for determining whether an electronically signed tenancy agreement or lease agreement is legally binding and effective in your jurisdiction.
4.9. Fiat Rent Payment Service.
(b) Authorization and Recurring Payments. You authorize Liv Strategies and our Payment Processors to debit or charge your payment method or bank account in connection with your use of the Fiat Rent Payment Service and you waive any right to advance notice of such debits or charges. You acknowledge that use of the Fiat Rent Payment Service may result in recurring payments. If you change your payment method or bank account, the authorization you granted under this clause will apply to your new payment method or bank account. The Services’ recognition of changes to you make to your payment method or bank account information may be delayed by reasonable processing time. Liv Strategies has no liability to any Person for any Losses that result from any changes you make to your payment method or bank account information.
(a) Cryptocurrency Rent Payment Service. From time to time, Liv Strategies may provide Renters and Landlords with access to a service that allows Renters to pay, and Landlords to receive, Rental Dues owed under Tenancy Agreements in such cryptocurrencies as may be supported by the Services from time to time (that service, the “Cryptocurrency Rent Payment Service”). Liv Strategies may cease providing the Cryptocurrency Rent Payment Services at any time and for any or no reason. The types of cryptocurrencies supported by the Cryptocurrency Rent Payment Service is at the sole discretion of Liv Strategies. Liv Strategies may discontinue support for any cryptocurrency at any time.
(b) Exchange Rates and Quotes. The Cryptocurrency Rent Payment Service is not a pre-authorized payment service that will make automatic withdrawals from a Renters cryptocurrency wallet. Instead, each time a Renter wishes to use the Cryptocurrency Rent Payment Service, they must select the option to pay Rental Dues in cryptocurrency as may be available from time to time on the rent payment page of the Services. Once that payment request is processed by the Services, the Services will generate a quote (each a “Quote”) setting out the fiat-to-cryptocurrency exchange rate to be used for the cryptocurrency Rental Dues payment, the amount in cryptocurrency that must be paid by the Renter to satisfy their Rental Dues payment obligation, the applicable service fee, the expiry date and time for the Quote, and the wallet address to which the Renter must transfer the quoted cryptocurrency amount. The wallet address may be represented as QR code. Once the Quote is generated, the Quote will be issued to the applicable Renter. The wallet address referred to in a Quote will belong to Liv Strategies and not to the Landlord. The exchange rate and price quoted in the Quote remains valid only until the expiry date stated in the Quote, following which the Quote is void and a new Quote must be requested by the Renter and generated by the Service in order to complete the cryptocurrency Rental Dues payment. Liv Strategies has sole and arbitrary discretion to determine the fiat-to-cryptocurrency (and vice versa) exchange rate for Rental Dues payments made in cryptocurrency through the Services.
(c) Satisfaction of Quote and Settlement.
(i) A Quote that has been issued to a Renter will be deemed “satisfied” by Liv Strategies if Liv Strategies has received the Renter’s payment of the Quote in full and the Renter’s transfer of the cryptocurrency to the wallet address described in the Quote has met the number of block confirmations required by Liv Strategies prior to the expiry date set out in the Quote. Liv Strategies has sole discretion to determine the number of block confirmations required for any given transaction. Liv Strategies has no obligation to settle Rental Dues payments that relate to Quotes that have not been deemed satisfied by Liv Strategies.
(ii) Once a Quote is deemed satisfied by Liv Strategies, Liv Strategies will credit the Landlord’s Account with the Rental Dues payment, less the service and processing fee, converted into fiat using the exchange rate set out in the Quote. This credited amount will temporarily be held by Liv Strategies until the settlement of the Rental Dues payment in fiat to the Landlord’s bank account is completed, at which time the Landlord’s account will be debited by the same amount.
(iii) For the purposes of transferring the fiat-equivalent of the Renter’s cryptocurrency Rental Dues payment to the Renter’s Landlord, Liv Strategies will use the same exchange rate that was used when Liv Strategies provided the Renter with the Quote. Liv Strategies has no responsibility or liability to Renters or Landlords for any Rental Dues payment arrears, or other disputes, claims, or Losses related to Rental Dues payments under Tenancy Agreements, even if the Rental Dues payment arrears, dispute, claim, or Loss relates to use of the Cryptocurrency Rent Payment Service. Liv Strategies has no positive obligation to collect Rental Dues on behalf of Landlords. You acknowledge that Liv Strategies’ settlement to the Landlord of collected Rental Dues might occur on a date later than the payment due date under the applicable Tenancy Agreement and you agree that Liv Strategies is not liable to you for any such delayed settlement of Rental Dues.
(d) Corrections. Any prices, amounts, quantities, or exchange rates stated by Liv Strategies in a Quote will be valid only for the period stated in the Quote, except that Liv Strategies may reject any Rental Dues payment or cancel any Quote for any reason (even after payment has been made), including for typographical errors, illustrative errors, or a misprint in the price statement or exchange rate. In the event of a pricing or exchange rate mistake or any other mistake in a Quote, Liv Strategies will not be bound by the incorrect price or exchange rate or other mistake. Amounts paid by you in connection with a cancelled Quote (a “Cancelled Payment”) will be refunded to you as described in Section 4.10(j) (Permitted Refunds).
(e) Service Fee. Liv Strategies may charge a service fee for use of the Cryptocurrency Rent Payment Service. Fees can be found at https://liv.rent/faq as updated by from time to time. The service fee will be added to price in the Quote and will be deducted from the amount paid by the Renter before Liv Strategies settles the applicable payment of Rental Dues to the Landlord. Liv Strategies may update its fees by posting the new fee on the Services. The service fee is non-refundable. Without limiting the generality of the foregoing, the service fee will not be refunded under Section 4.10(j) (Permitted Refunds).
(f) Underpayment. If a Renter transfers Liv Strategies less than the full amount of cryptocurrency required under a Quote, the Quote will not be deemed satisfied and Liv Strategies will not settle the Renter’s Rental Dues payment to their Landlord until the required amount has been received by Liv Strategies in full. If such an underpayment occurs, Liv Strategies will contact the Renter with a request for a supplementary payment in the amount necessary to satisfy the outstanding balance of the Rental Dues payment obligation. If the Quote to which the Rental Dues payment relates has expired, Liv Strategies will issue the renter a new Quote for the supplementary amount. Once Liv Strategies has received the required amount from the Renter, the applicable Quote will be deemed satisfied (so long as all other conditions for satisfaction have been met).
(g) Overpayment. If a Renter transfers Liv Strategies more than the full amount of cryptocurrency required under a Quote, the Quote will be deemed satisfied (so long as all other conditions for satisfaction have been met), and the excess cryptocurrency (the “Excess Cryptocurrency”) will be converted to fiat using the same exchange rate as contained in the Quote to which the overpayment relates and then transferred to the Landlord concurrently with the settlement of the Rental Dues that were paid in connection with that Quote. Any matters relating to a refund of Excess Cryptocurrency are solely between the applicable Renter and Landlord. Liv Strategies has no responsibility or liability for refunding Excess Cryptocurrency to any Renter who has overpaid a Quote. If you are a Renter, you agree it is your sole responsibility to ensure your payments of Quotes are accurate.
(h) Invalid Payments. A cryptocurrency payment received by Liv Strategies will be deemed an “Invalid Payment” if it was received by Liv Strategies after the expiry date set out in the Quote to which the payment relates or if the payment does not relate to a Quote. To reclaim an Invalid Payment, you must send a request to firstname.lastname@example.org and provide Liv Strategies with all information we may require. Liv Strategies will not return an Invalid Payment unless Liv Strategies is satisfied that the Person making the request was in fact the sender of the payment.
(i) Refunds. Except as provided in Section 4.10(j) (Permitted Refunds), cryptocurrency payments that relate to a Quote that has been deemed satisfied are non-refundable by Liv Strategies. Once a Quote has been deemed satisfied by Liv Strategies, any matters relating to a refund of a Rental Dues payment are solely between the applicable Renter and Landlord and is not the responsibility of Liv Strategies.
(j) Permitted Refunds. If Liv Strategies has received all the information it requires to refund a Cancelled Payment or an Invalid Payment (each as applicable, the “Refundable Crypto”), Liv Strategies will refund the Refundable Crypto to the Renter in the same type of cryptocurrency used by the Renter to make the Rental Dues payment, subject to the following:
(i) if, at the time of the refund, the value of the Refundable Crypto in Canadian dollars is less than its value was on the date it was transferred by the Renter to Liv Strategies, then then Liv Strategies will refund to the Renter all of Refundable Crypto. The Renter acknowledges that this may result in a loss of value for the Renter.
As an example, and for the purposes of illustration only,in the event of a refund under this Section 4.10(j)(i), if:
· there were a 1 BTC Cancelled Payment;
· the exchange rate stated in the Quote were 1 BTC = $40,000; and
· the price of 1 BTC at the time of the refund were $35,000
then Liv Strategies would refund the Renter 1 BTC (being the exact amount of the Refundable Crypto).
(ii) if, at the time of the refund, the value of the Refundable Crypto in Canadian dollars is greater than its value was on the date it was transferred by the Renter to Live Strategies, then Liv Strategies will refund to the Renter the portion of the Refundable Crypto that has a value that equals (at the time of the refund and expressed in Canadian dollars) the value that the full quantity of Refundable Crypto had at the time it was transferred by the Renter to Liv Strategies (as determined with reference to the exchange rate stated in the Quote). Under this section, Liv Strategies will determine the quantity of cryptocurrency to refund by calculating the Canadian dollar value of the Refundable Crypto on the date it was paid to Liv Strategies by using the exchange rate stated in the Quote to which the Refundable Crypto relates, and then converting that Canadian dollar amount back into the same type of cryptocurrency using the then-current exchange rate selected by Liv Strategies at the time of the refund. Any excess Refundable Crypto remaining after the refund has been processed will become the property of Liv Strategies.
As an example and for the purposes of illustration only, in the event of a refund under this Section 4.10(j)(ii), if:
· there were a 1 BTC Cancelled Payment;
· the exchange rate stated in the Quote were 1 BTC = $40,000 CAD; and
· the exchange rate at the time of the refund were 1 BTC = $45,000 CAD,
then Liv Strategies would refund the Renter 0.88888~ BTC because if the exchange rate on the date of the refund is 1 BTC = $45,000, then $40,000 (the value of the Cancelled Payment on the date it was paid) would be equal in value to 0.88888~BTC.
(iii) Liv Strategies will make the determinations and calculations in paragraphs 4.10(j)(i) and (ii) with reference to the exchange rate stated in the Quote to which the Refundable Crypto relates and the exchange rate (as determined by Liv Strategies) for the relevant cryptocurrency at the time the refund is processed.
(iv) Notwithstanding Paragraphs 4.10(j)(i) to (iii), if the refund in question relates to an Invalid Payment, references in Paragraphs 4.10(j)(i) to (iii)to the “exchange rate stated in the Quote” (and other similar phrases) will be deemed to mean “the exchange rate at the time the transfer was made by the Renter to Liv Strategies as determined by Liv Strategies in its sole discretion” and Paragraphs 4.10(j)(i) to (iii)will be so interpreted together with any necessary conforming changes.
(k) Volatility and Market Conditions. Landlords assume all of the volatility risk of their settlement currency and Renters assume all of the volatility risk of their payment cryptocurrency. Cryptocurrency markets are volatile and speculative, and the exchange rate used by the Cryptocurrency Rent Payment Service may change suddenly and drastically without warning. Liv Strategies is not obligated to inform you of any changes in market conditions.
(l) No Responsibility for Lost or Irretrievable Cryptocurrency.
(i) When you pay Rental Dues using the Cryptocurrency Rent Payment Service, you will be provided with a Quote that includes the wallet address to which you must deliver your cryptocurrency to make your Rental Dues payment. You are solely responsible for ensuring that you have sent your cryptocurrency to the correct wallet address. Liv Strategies has no responsibility or liability for Losses you or any other Person may suffer as a result of or arising out of you sending cryptocurrency to an incorrect wallet address. You remain responsible for paying any Rental Dues owed that remain unpaid as a result of or arising out of you sending cryptocurrency to an incorrect wallet address. You acknowledge that cryptocurrency transactions can be irreversible and that cryptocurrency sent to an incorrect wallet address might not be recoverable.
(ii) Liv Strategies has no liability to you or to any other Person for any Losses you or any other Person incur as a result of any fraudulent, incorrect, or incomplete information you provide us. For example, if you provide Liv Strategies with incorrect wallet address information, Liv Strategies will have no liability to you for any cryptocurrency sent to that incorrect wallet address
(m) Unclaimed Property. If Liv Strategies is unable to contact you and your current location is unknown, or if Liv Strategies is unable to verify that you are the rightful claimant of cryptocurrency that has been transferred to Liv Strategies but not settled to a Landlord, your cryptocurrency payment (including Excess Cryptocurrency, underpayment, Cancelled Payment or Invali0d Payment) could become unclaimed property under the Unclaimed Property Act (British Columbia) or other applicable Laws. In such an event, Liv Strategies will be required to deal with such unclaimed property in accordance with applicable Law, which might involve reporting your Account and cryptocurrency as unclaimed property and delivering the unclaimed property to the applicable authorities. In certain circumstances provided by applicable Law, Liv Strategies may become the owner of the unclaimed property. Liv Strategies may charge an administrative fee for holding unclaimed property and may deduct the charged amount from the unclaimed property
To contact Liv Strategies regarding unclaimed property, please send a letter to:
Liv Strategies Inc.
Suite 1A – 1601 Bayshore Drive
Vancouver, British Columbia, Canada
Your letter must include your full name, current address, phone number, email address, andliv.rentaccount name.
(n) Settlement Delays. Notwithstanding anything to the contrary in these Terms, Liv Strategies may delay settlement of Rental Dues payments to Landlords and may refuse to refund amounts to Renters if:
(i) Liv Strategies determines that doing so:
(1) is likely necessary or prudent to: (1) comply with applicable Law; or (2) preserve or protect Liv Strategies’ legal rights or remedies; or
(2) would likely assist with an investigation by Liv Strategies or any governmental authority;
(ii) you have breached these Terms; or
(iii) you have any unsatisfied debts, obligations, or liabilities to Liv Strategies.
Liv Strategies will have no liability to you or any other Person for any Losses caused by such Rental Dues payment settlement delays.
(o) Test Payments. If agreed between the parties, Liv Strategies may require Users, for testing purposes, to transfer cryptocurrency to a wallet address controlled by Liv Strategies. The details of such test payment, including the amount to be transferred, will be agreed by the parties before the test payment is made. Any test payment will be credited towards the sender’s Account.
(p) Legal Status. The legal status of cryptocurrency is constantly evolving, subject to change, and may vary from jurisdiction to jurisdiction. As of the date of these Terms, the cryptocurrencies supported by the Services are not considered legal tender in Canada and are not backed by the government of Canada. You are responsible for confirming the legal status of cryptocurrencies in your jurisdiction before making any payments in cryptocurrency and afterwards on an ongoing basis.
(q) Digital Asset Protocols. Liv Strategies has no control over the technologies or protocols underlying the cryptocurrencies supported by the Services. These technologies and protocols change from time to time and such changes may affect the value, functionalities, use, or characteristics of your cryptocurrency. Changes to these technologies and protocols might render your cryptocurrencies incompatible with the Services.
(r) Tax. Making or receiving payments in cryptocurrency may result in taxes being owed by you. Calculation of these taxes can be complicated. You are solely responsible for calculating, reporting, and paying all applicable taxes, and any other duties or charges of any kind imposed by any governmental authority, as a result of your payment or receipt of cryptocurrency Rental Dues payments.
(s) Bank Account. Landlords who wish to receive payments from Renters using the Cryptocurrency Rent Payment Service must provide Liv Strategies with such banking information as Liv Strategies may request in order to make deposits to the Landlord’s bank account. Landlords must provide Liv Strategies at least 5 business days notice before closing their bank account and must provide Liv Strategies with requisite information for a replacement bank account before further Rental Dues payments will be settled to the Landlord. If you are a Landlord, you are solely responsible for any fees Liv Strategies incurs as a result of incorrect banking information or instructions being provided to Liv Strategies by you. Liv Strategies will have no liability to Landlords related to or arising out of any incorrect banking information provided to Liv Strategies by a Landlord.
4.11. Other Terms Application to Rent Payment Service.
(a) Restriction on Use. You shall not use the Fiat Rent Payment Services or Cryptocurrency Rent Payment Service (collectively, the “Rent Payment Services”) for any purpose other than to make or receive payments of Rental Dues required to be made under your Tenancy Agreements in the amounts agreed upon in your Tenancy Agreements. If you are a Renter, you shall not use the Rent Payment Services to make payments to anyone other than the Landlord under your Tenancy Agreement, and if you are Landlord, you shall not use the Rent Payment Service to receive payments from anyone other than the Renters under your Tenancy Agreements.
(b) Authorization & Collections. If you are Landlord and you make a Rental Dues payment request through the Services (including a recurring payment request), you: (a) agree to receive Rental Payments via the Rent Payment Service and Cryptocurrency Rent Payment Service; (b) appoint Liv Strategies as your limited payments collection agent solely for the purpose of accepting Rental Dues payments from your Renters (either through use of the Payment Processors or through Liv Strategies’ provision of the Cryptocurrency Rent Payment Service) that have been paid through the Rent Payment Services and remitting those Rental Dues payments to you, less any services or processing fees; and (c) agree, upon the request of Liv Strategies, to disclose to Liv Strategies the tenancy agreement to which the Rental Dues payment request relates. Liv Strategies has no obligation to make any other collections efforts with respect to Rental Dues that may be owed by Renters. Liv Strategies has no obligation to remind Renters or Landlords of payment due dates under their Tenancy Agreements.
(c) Rental Dues Owed. Rental Dues owed under Tenancy Agreements are determined solely by the Renter and the Landlord who are the parties to the applicable Tenancy Agreement. Liv Strategies has no control over the Rental Dues that may be owed under a Tenancy Agreement and is not responsible for resolving disputes in respect of any payments made or required under Tenancy Agreements. All disputes regarding payments or non-payment under Tenancy Agreements are solely between the Renter and Landlord who are parties to the applicable Tenancy Agreement. IN NO EVENT IS LIV STRATEGIES RESPONSIBLE OR LIABLE FOR THE PAYMENT OF RENTAL DUES TO LANDLORDS.
(d) Payment Limits. Liv Strategies may impose limits on the maximum or minimum amounts you may pay or receive, and the frequency of payments you may make or receive, through the Rent Payment Services.
(e) No Refunds, Cancellations, or Charge Backs. Except as provided in Section 4.10(j)(Permitted Refunds), Liv Strategies is not obligated to refund any payment you make through the Rent Payment Services. You shall not cancel or charge back any you make through the Rent Payment Services. If any payment you make is cancelled or charged back, you will not be entitled to refund of any services fees or processing fees that were charged in connection with your payment.
(f) Suspension of Services. If you fail to pay any service fees owed in connection with your use of the Rent Payment Services, Liv Strategies may suspend your ability to use the Rent Payment Services until you have paid all outstanding amounts owed to Liv Strategies and brought your account with Liv Strategies into good standing. Liv Strategies will have no liability to any Person for any Losses incurred that are related to or arise out of Liv Strategies’ suspending your access to the Rent Payment Services.
4.12. User Verification & Renter Screening.
(a) User Verification. Any reference to a User being “verified” (or similar language) is not an endorsement, certification, or guarantee by Liv Strategies in respect of that User, nor is it a confirmation of a User identity, background, trustworthiness, or suitability as a tenant or otherwise. A reference to a User being “verified” (or similar language) only indicates that the User has completed their Liv Profile with the requested verification and identification information and that their biographical information contained in their Liv Profile matches the copy of the government issued identification they submitted to the Services as part of the User verification process. The information and government issued identification submitted by Users as part of the verification process has not been, and will not be, independently investigated or verified as accurate, authentic, or valid by Liv Strategies. When you submit a copy of your government issued identification to the Services, you authorize Liv Strategies to use that identification to confirm that your biographical information contained in your Liv Profile matches that of your government issued identification. We shall not use the copy of your government issued identification for any other purpose and we shall delete it as soon as our collection of it has served its purpose.
(b) Liv Score. Our proprietary tenant score, the “Liv Score”, will be generated on an ongoing basis for each Renter as they add information to their profile. Each Renter’s Liv Score is derived from a number of different weighted data points, including: (i) information contained in the Renter’s credit report (including their credit score) (“Credit Report”), as provided to Liv Strategies by a third-party credit reporting agency; (ii) the Renter’s financial circumstances; (iii) the Renter’s employment history; and (iv) any other information requested by Liv Strategies for the purposes of generating the Renter’s Liv Score. Once a Renter’s Liv Score has been generated, it will be disclosed to those Landlords who are the recipients of the Renter’s rental applications. Landlord’s shall not use the Liv Score for any purpose other than for the purpose of evaluating whether to lease a Rental Property to a Renter.
(c) Obtaining a Liv Score. To obtain a Liv Score, Liv Strategies must receive your Credit Report. If you are a Renter and you choose to use our tenant screening service, you authorize us to obtain your Credit Report and to use it to generate your Liv Score. To obtain your Credit Report, you will be required to submit certain information through a form provided on the Services, such as your social insurance number/social security number, credit card number, or drivers’ licence number (“Credit Request Information”). Once submitted, your Credit Request Information will be transferred to Amazon Web Services, where it will be encrypted and then transferred to the credit agency for processing. Amazon Web Services subsequently receives the Credit Report from the credit reporting agency and transfers the Credit Report to the Services. Once your Credit Report is received by the Services, the Services will process your Credit Report (including your credit score) solely for the purposes of generating your Liv Score. Once your Liv Score has been generated, the Services will destroy Liv Strategies’ copy of your Credit Report and any information extracted from your Credit Report (but for clarity, we will not destroy your Liv Score). You acknowledge that requesting your Credit Report could affect your credit score with credit reporting agencies. Liv Strategies has no liability to you for any change to your credit score as a result of the generation of your Liv Score. Liv Strategies does not disclose your Credit Report to Landlords or any other Person, but your Liv Score which has been derived (in part) from your Credit Report will be disclosed to those Landlords who are the recipients of your rental applications. THE APPLICABLE CREDIT AGENCY IS SOLELY RESPONSIBLE FOR ALL CREDIT REPORTS, INCLUDING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF.
(d) Disclaimer re Liv Score. Liv Strategies makes no representations, warranties, or guarantees regarding the predictive value or usefulness of the Liv Score for determining the suitability of a Renter as a tenant or for any other purpose. Each Landlord must use their own professional judgment when reviewing and accepting rental applications and screening potential tenants. A Renter’s Liv Score is not an endorsement of that Renter, it is simply a grade assigned to that Renter based on the processing of a number of weighted data points. Landlords acknowledge that the Liv Score could be distorted by inaccurate information submitted by the Renter or credit agency. You acknowledge that the data used for generating the Liv Score is gathered from third-party sources which may be incomplete or inaccurate. Liv Strategies has no responsibility for checking or ensuring the accuracy of any information used to generate the Liv Score. Liv Strategies has no control over how a Landlord will use Liv Score when assessing rental applications. Obtaining a Liv Score does not guarantee that your rental application will be accepted. A high Liv Score does not guarantee that a Renter will be a suitable tenant. All renting decisions are within the sole discretion of the applicable Landlord, and Liv Strategies has no control over the decisions of any Landlord, including any decisions regarding prospective Renters. Landlords should screen prospective Renters through their own due diligence processes in addition to the use of the Services when deciding whether to rent to and contract with prospective Renters.
(e) Credit Record Checks. When a Renter makes a request to verify their Liv Profile, Liv Strategies will check to confirm if the Renter has any civil court records in the jurisdiction of the Renter (as determined with reference to the Renter’s address on file with Liv Strategies). If the Renter has any civil court records in that jurisdiction, we will flag the existence of the records on the Renters Account and disclose their existence to each Landlord to whom the Renter submits a Rental application. Liv Strategies will not view the details of any such record and will not disclose any details of the records to any Landlord. Liv Strategies does not represent, warrant, or guarantee that its Renter verification service will accurately or completely identify all civil record belonging to any Renter.
(f) No Other Screening of Renters. Except for the generation of the Liv Score, Liv Strategies does not screen or conduct background checks on Renters.
4.13. Listing Verification. As part of the Services, Liv Strategies may provide a Listing verification service. To obtain verification of a Listing by Liv Strategies, a Landlord must provide Liv Strategies with such information and documentation as may be requested by Liv Strategies (which may, for the purposes of illustration, consist of a utility bill and property tax statement) and must otherwise satisfy Liv Strategies’ verification criteria. If a Listing satisfies Liv Strategies’ verification criteria, Liv Strategies will include a mark, symbol, or other indication confirming that the Listing has been verified by Liv Strategies. Without limiting the foregoing, verification of a Listing does not guarantee that the Listing is legitimate, that the Rental Property referred to in the Listing is owned or managed by the Landlord who created the Listing, or that that the contents of the Listing are accurate; verification of a Listing simply means that the Listing has met Liv Strategies verification criteria. We encourage Renters to conduct their own independent due diligence on Listings and Landlords before entering into any Tenancy Agreement related to them.
4.14. Rental Promos. From time to time, Landlords may run promotional offers involving their Listings. Promotional codes and coupons related to any promotional offer may only be redeemed during the applicable promotional period and may be used only in connection with the advertised Listing. Promotional codes and coupons may only be used once and cannot be combined with other promotional offers or discounts. You shall not make any unauthorized duplicates of any promotional codes or coupons and any such unauthorized duplicates are void. Promotional codes and coupons have no cash surrender or exchange value and may not be sold or transferred to any other Person. Promotional offers, including promotional codes and coupons, may be subject to additional terms and conditions. Liv Strategies and the Landlord sponsoring the promotion each reserve the right to modify or cancel these promotions at any time.
5.1. No Legal Services.
(a) Liv Strategies is not a law firm. We do not provide legal advice or professional advice of any other kind. Any communication you receive from Liv Strategies or from our employees, agents, or representatives is purely for informational purposes and must not be relied upon for the purposes of making a decision with respect to a legal matter. In the event any of our employees, agents, or representatives provide you with legal advice, you agree that such communication is not authorized by Liv Strategies and you shall immediately delete and disregard any legal advice contained in that communication. Your use of the Services or Lease Forms does not create a solicitor-client relationship between you and Liv Strategies. Communications between us and you do not create a solicitor-client relationship.
(b) Any decision you make regarding a legal matter, including the terms and conditions of your Tenancy Agreements, is solely your responsibility. You are responsible for retaining qualified legal counsel licensed to practice in your jurisdiction to advise you on legal matters if doing so would be reasonable in your circumstance.
5.2. No Brokerage Services. Liv Strategies is not a broker and does not provide brokerage services. Liv Strategies is not a representative or agent of Landlords or Tenants. Without limiting the foregoing, we do not represent you in connection with any Rental Property, Tenancy Agreement, real estate, or otherwise. Liv Strategies does not provide showings of Rental Properties. Liv Strategies does not provide real estate advice to you. In the event any of our employees, agents, or representatives provide you with real estate advice, you agree that such communication is not authorized by Liv Strategies and you shall immediately delete and disregard any real estate advice contained in that communication. Nothing contained in these Terms or otherwise will be construed as creating any agency or brokerage relationship between Live Strategies and you. Liv Strategies encourages you to obtain professional advice from a licensed real estate advisor and legal advisor prior to entering into any Tenancy Agreement.
5.3. No Insurance Services. Liv Strategies is not an insurer for any User of the Services.
5.4. No Referrals. Any information about Landlords, Renters, or Listings which Liv Strategies makes available through the Services is not and will not be interpreted as a referral, introduction, recommendation, or endorsement. Such information is made available on the Services solely for the convenience of our Users to assist them with voluntarily entering into Tenancy Agreements and managing and administering their landlord-renter relationships.
5.5. No Pre-Screening of Listings. Liv Strategies does pre-screen Listings and, except as provided in Section 4.13 (Listing Verification), does not verify Listings. Liv Strategies has the right (but not the obligation) to refuse, remove, modify, or delete any Listing. Liv Strategies has no liability or responsibility whatsoever for Listings, including with respect to the accuracy of any Listings, even if the Listing has been verified by Liv Strategies.
5.6. No Inspection, Management, or Ownership of Rental Properties. Liv Strategies does not inspect, pre-screen, or pre-approve Rental Properties. Liv Strategies does not own or manage the Rental Properties and has no liability or responsibility for the Rental Properties. Liv Strategies disclaims all representations and warranties regarding Rental Properties, including with respect to suitability, quality, safety, cleanliness, fitness for any purpose. Your occupancy and use of any Rental Property is solely at your own risk. You are solely responsible for inspecting any Rental Property you are considering renting and using your better judgment to assess its suitability before entering into any Tenancy Agreement to rent that Rental Property.
6.1. Responsibility for Listing. Each Landlord is solely responsible and liable for any and all Losses arising out of or relating to: (a) its Listings; (b) any other marketing or advertising it conducts through the Services; and (c) any material, information, or communications it posts, submits, transmits, or disseminates through the Services. Each Landlord shall ensure that all content, materials, and communications it posts, submits, transmits, or otherwise disseminates through the Services are true, accurate, and not misleading. A Landlord may post Listings for Rental Properties only if the Landlord is the owner of the Rental Property or is authorized by the owner of the Rental Property to advertise and lease the Rental Property. Landlords shall not post Listings that violate any Law, these Terms, or any agreements that Landlord has with any third-party.
6.2. Custom Rental Contracts. If you are a Landlord and you upload a custom rental contract to use on the Services, you authorize us to use that contract for your Listings, distribute that contract to potential tenants, and retain a copy of that contract for seven (7) years in order to comply with Canada Revenue Agency requirements. You understand and acknowledge that we will keep a copy of your contract on file even if you remove it from the Services or delete your Account. Liv Strategies is not responsible for nor liable in any way for any term or condition, or liability or loss arising from contracts or clauses you upload or use on the Services. If you are a Landlord and choose to use one of the Lease Forms, you are undertaking to assume all responsibility in reviewing such contract to ensure that it is appropriate in your circumstance and we expressly disclaim any liability for the use thereof, for any of the terms and conditions within, and for any disputes that might arise related to that Lease Form.
6.3. Protection of Personal Information. Each Landlord shall implement and maintain appropriate administrative, technical, and physical security safeguards to protect from unauthorized access, use, or disclosure all personal information received, collected, or learned by such Landlord through use of the Services. Landlords shall ensure that such personal information is used only for the purposes of managing and administering its Listings and Rental Properties.
7. USE OF THE SERVICES
7.1. Acceptable Use. You shall not, and shall not permit any other person to, use the Services or your Account except as expressly permitted by these Terms. Without limiting the generality of the foregoing, you shall not, except as these Terms expressly permit:
(a) copy, modify, redistribute, “rip”, record, transfer, rent out, stream, lease, transmit, resell, perform, publicly display, broadcast, make available to the public, or create derivative works or improvements of, or otherwise exploit or commercialize the Services, or content or materials obtained through the Services, except as expressly permitted by Liv Strategies;
(b) access or use the content or materials of the Services through any software or means other than the Services;
(c) make available the Services to any person, freely or for a fee, except as expressly provided for in these Terms;
(d) bypass or breach any security device or protection used by the Services;
(e) use the Services for the purposes of competitive analysis of the Services;
(f) use the Services to develop a competing product or service, to build a product or service using similar ideas, features, functions or graphics of the Services, or to copy any ideas, information, features, functions or graphics of the Services;
(g) introduce or otherwise provide to or through the Services any information or materials that are unlawful or injurious, or contain, transmit or activate any viruses or malware or other similar harmful software code;
(h) damage or otherwise impede or harm in any manner the Services or Liv Strategies’ provision of services to any third party, in whole or in part, including by injecting code, conducting a DDoS attack, or conducting a man in the middle attack;
(i) remove, delete, alter or obscure any intellectual property or proprietary rights notices from any content made available through the Services, including copies of them;
(j) access or use the Services in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right, privacy right, or other right of any third party, or that violates any applicable Law;
(k) otherwise access or use the Services beyond the scope of the authorization granted under these Terms;
(l) use the Services in violation of any Law or to facilitate violation of a Law;
(m) use the Services for a tortious purpose, to facilitate any tortious activity, or to obtain any unlawful property or services, under applicable Law;
(n) use the Services to harass, inconvenience, annoy, abuse, cause nuisance, occasion violence on any person, or cause property damage;
(o) use the Services to threaten, defraud, stalk, or harm any Person;
(p) use the Services to post obscene content;
(q) use the Services unless doing so is lawful in your jurisdiction;
(r) use or access, or attempt to use or access, any account on the Services which is not your Account;
(s) impersonate any Person or falsely state or misrepresent your affiliation with a Person;
(t) submit misleading, false, inaccurate, or fraudulent information to the Services;
(u) represent or suggest that Liv Strategies endorses any Person, business, product, Listing, Rental Property, or service unless Liv Strategies has separately agreed to do so in writing;
(w) use bots or automated processes on the Services;
(x) mirror, frame, or link to any part of the Services;
(y) harvest or otherwise collect, use or disclose personal information about Users, including email addresses, without their prior consent;
(z) collect, use, or disclose personal information of other Users in contravention of applicable data protection and privacy laws; or
(aa) reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Services except as permitted by us under these Terms or as expressly permitted under applicable law;
(bb) use the Services in a manner that overloads or overburdens our servers or other IT infrastructure (as determined by Liv Strategies in its sole discretion); and
(cc) use the Services for any commercial purpose, except for the purpose of marketing, managing, and administering Rental Properties;
7.2. Communications Made Through the Services. Liv Strategies reserves the right, but has no obligation, to monitor, edit, review or remove discussions, chats, postings, and communications made through the Services. Liv Strategies has no responsibility or liability for any content posted on, or communications made through, the Services nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information.
7.3. Responsibility for Use of Services. You are solely and fully responsible and liable for all consequences, however remote, resulting from your use of the Services, including its materials and content.
7.4. Suspension of Access. We reserve the right to prevent or suspend your use of the Services or delete your Account if you do not comply with any part of these terms and conditions or any applicable law.
7.5. Reporting to Authorities. If we determine or suspect that you have use the Services for a fraudulent purpose, illegal purpose, or otherwise in violation of these Terms, we may (in addition to any other rights or remedies): (a) suspend your ability to use the Rent Payment Services; (b) suspend or delete your Account; or (c) report your activities, Account, and Your Information to appropriate law enforcement agencies.
8. FEES & PAYMENTS
8.1. Advertisements and Acceptance. Advertisements respecting our products and services are invitations to you to make offers to purchase products and services and are not offers to sell. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. A properly-completed order on the Services or with one of our sales representatives by you constitutes only your offer to purchase the products or services in your order, even if we have processed payment for such offer. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We will confirm acceptance by sending you an invoice, receipt, acceptance confirmation email, or otherwise an express written confirmation of acceptance. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. You must immediately notify us of any discrepancy between the details in the order confirmation email you receive and your actual order.
8.2. Fees & Prices. The fees we charge for our products and services, including for subscription plans and rent payment processing, are posted at https://liv.rent/faq (as updated by from time to time). You shall promptly pay all fees you incur, plus applicable taxes. We may change the fees for our products or services at any time by posting the changes on the Services with at least 14 days notice; however, no advanced notice is required for changes involving temporary promotions or fee reductions. Any changes to fees for a subscription plan will not affect your current subscription but will instead become effective upon the next renewal of your subscription. The price charged for a product or service will be clearly stated on the Services and in any order confirmation email sent to you. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price. We strive to display accurate price information, however, we might, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We may correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrence.
8.3. Payment Method. We may require you to have a payment information on file with us before you can use certain functionalities of the Services. We accept the payment methods described on our Services as being accepted by us. We may update our accepted payment methods from time to time. You represent and warrant that any payment information you provide us or to the applicable Payment Processor is true, accurate, current, and valid and that you are authorized to use such payment method. You authorize us or our Payment Processor to charge your payment method for all products or services (including subscription plans) you purchase through the Services plus any other charges that may accrue in connection with your Account on the date that they are due. You shall promptly notify Liv Strategies of any changes to the details of your payment method as necessary for us to continue charging your payment method for fees you have incurred.
8.4. Currency. The Services support payments in the currencies approved by Liv Strategies from time to time. The currency applicable to your charges will be displayed on the payment page before you complete your purchase. Where currency conversion is necessary to process your payment, you will be solely responsible for all costs associated with such currency conversion. Your financial institution might charge you additional fees for converting your currency to one supported by the Services. We are not responsible for such costs or fees.
8.5. No Chargebacks. You shall not request that your credit card, bank, or other financial services provider charge back any fees charged pursuant to these Terms or any Rental Dues paid through the Rent Payment Services. If you initiate a charge back in violation of these Terms, Liv Strategies may dispute such charge back, charge you a chargeback fee, and revoke your access to the Services.
8.6. Purchases Final. Except as expressly provided in these Terms, all purchases and payments made through the Services are final and no returns, replacements, or refunds are permitted.
8.7. Non-Payment. If your payment method fails or you fail to pay any fees or other amounts owed under these Terms when due, Liv Strategies may, in addition to all other rights and remedies available to Liv Strategies: (a) restrict, suspend, or delete your Account; (b) limit or revoke your access to the Services; (c) collect amounts owed by charging any other payment method we have on file for you; and (d) retain a collection agency to collect your unpaid account and provide that collection agency with information about your payments and account.
8.8. Promotional Offers. At our discretion, we may make available certain Services at a discount or for free for a trial period (“Promotions”). We reserve the right to modify or cancel these Promotions at any time. If we reasonably determine you have violated the terms applicable to the Promotion, we may charge you the full price for the Service that was otherwise subject to the Promotion. At the end of any free trials, you agree that we may begin charging you for full price for your ordered service without additional notice to you.
9. OWNERSHIP, USE, AND INTELLECTUAL PROPERTY RIGHTS
9.1. Reservation of Rights. The Services and all intellectual property rights in the Services are owned by us or our licensors. We and our licensors reserve all our intellectual property rights (which include all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
9.2. No Circumvention. Nothing in these Terms grants you any rights in the Services other than as necessary to enable you to access the Services. You agree not to try to circumvent or delete any intellectual property notices contained on the Services and in particular in any digital rights or other security technology embedded or contained within any Site or App content.
9.3. Trademarks. Liv Strategies and liv.rent are our trademarks. Other trademarks and trade names may also be used on the Services, which might belong to us our licensors. The use or misuse of any trademarksor any other content on the Services except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Services will be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
9.4. Materials. Liv Strategies authorizes you to view, download and print a single copy of materials and content provided on the Services for your personal use only and only in connection with your use of the Services. You may not remove any trademark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of the Services’ materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of the Services or the Services materials or content without the prior written permission of Liv Strategies is strictly prohibited. We reserve the right to take such steps as we deem necessary, including legal action, to restrain such unauthorized and prohibited activity and we reserve the right to suspend or terminate your access to any part of the Services immediately, without prior notice.
9.5. Third-Party Materials Contained in the Services. The Services may include software, content, data or other materials, including related documentation, that are owned by persons other than Liv Strategies (“Third-party Materials”) and that are provided to you on license terms that are in addition to or different from those contained in these Terms ("Thirdparty Licenses"). You are bound by and shall comply with all Thirdparty Licenses. Any breach by you of any Thirdparty License is also a breach of these Terms. Liv Strategies has no responsibility or liability for Third-Party Materials.
10.1. Software. Where any software (including the App) is made available for downloading from the Services, this is our copyrighted work or that of our licensors. You may use such software only in accordance with the terms of the end user licence agreement, if any, which accompanies the software and, subject thereto, in accordance with these Terms. All such software is made available for downloading solely for your internal use in a non-commercial manner (except as otherwise agreed in writing by Liv Strategies). Any reproduction or redistribution of software not in accordance with the end user licence agreement or these Terms is expressly prohibited, and may result in severe civil and criminal penalties.
10.2. Disclaimer of Warranties. Software (including the App) made available by Liv Strategies is warranted only to the extent expressly provided in the terms of its applicable end user licence agreement (if any). We hereby disclaim all other warranties, conditions and other terms (whether express or implied) with regard to such software, including all implied warranties and conditions of satisfactory quality, freedom from defects, merchantability, non-infringement, and fitness for a particular purpose. In no event shall our aggregate liability in respect of any such software exceed the limitations of liability in the applicable end user licence agreement, or in all other cases the amount you paid us for the relevant software.
10.3. Software Obtained from an App Store. The following applies if you access or download the App (“Mobile App Store-Sourced Application”) from a mobile application store or inventory (“Mobile App Store”) such as the Apple App Store or the Google Play Marketplace:
(b) You acknowledge that the Mobile App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App Store-Sourced Application.
(c) The Mobile App Store has no responsible for any product warranties, whether express or implied by law, related to the App.
(d) You and Liv Strategies acknowledge that, as between Liv Strategies and the Mobile App Store, the Mobile App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App Store-Sourced Application or your possession or use of the Mobile App Store-Sourced Application, including: (i) product liability claims; (ii) any claim that the Mobile App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and Liv Strategies acknowledge and agree that the Mobile App Store, and the Mobile App Store’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the Mobile App Store-Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, the Mobile App Store has the right (and is deemed to have accepted the right) to enforce these Terms as related to your license of the Mobile App Store-Sourced Application against you as a third-party beneficiary thereof.
(f) Liv Strategies’ contact information for any end-user questions, complaints or claims with respect to the Mobile App Store-Sourced Application is set forth in the Notice section below.
(g) Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the Mobile App Store-Sourced Application
(a) Licence. Portions of the Services may allow Users to post and exchange information and content (such information and content, "User Content"), such as images, text, audio, and video, but Liv Strategies does not screen, edit or review any User Content before it is posted or transmitted. You retain the copyright and any other rights you already hold in your User Content. By submitting or otherwise posting User Content on our website, you grant Liv Strategies a worldwide, non-exclusive, perpetual, irrevocable, fully-paid up, royalty-free, assignable, transferable, and sub-licensable (through multiple tiers) licence to exploit, use, access, store, reproduce, adapt, translate, publish, publicly perform, publicly display, modify, repost, rent out, sublicense, create derivative works from, and distribute your User Content, subject to these Terms, without any notice or compensation to you or any other person, and you further authorize Liv Strategies to disclose your User Content to third-parties in accordance with your account settings (the “User ContentLicence”). Each time you submit or post User Content on the Services, you confirm, represent, and warrant to Liv Strategies that you have all the rights, power, and authority necessary to grant the User Content Licence and that your User Content is lawful. Please note that User Content available through the Services does not necessarily reflect the views of Liv Strategies, and Liv Strategies disclaims all responsibility for any such User Content and for any losses or expenses resulting from their use or availability in the Services.
(b) Responsibility. You understand that all User Content, whether publicly posted or privately transmitted when posting, sharing, displaying, sending or submitting material using our Services, is the sole responsibility of the person from whom it originated. This means that you, and not Liv Strategies, are entirely responsible: (i) for all User Content that you upload, post, email, transmit, or otherwise make available via the Services; and (ii) for ensuring that all User Content is accurate, lawful, and does not include misleading information or infringe or violate anyone’s rights. Liv Strategies does not control the User Content posted via the Services and, therefore, does not guarantee the accuracy, integrity, or quality of any User Content. You therefore agree that you will not hold Liv Strategies responsible or liable for any inaccuracies or for any errors or omissions in any User Content, or for any loss, injury or damages of any kind incurred as a result of the use of or reliance upon any User Content posted, emailed, transmitted, or otherwise made available via the Services.
(c) Removal of Your Content. You acknowledge that Liv Strategies does not pre-screen, monitor, or modify User Content, but that Liv Strategies has the right (but not the obligation) to refuse, remove, modify, or delete any User Content that is available via the Services that violates these Terms, or is otherwise objectionable, in our sole and arbitrary discretion. You acknowledge and expressly consent to Liv Strategies, accessing, preserving, and disclosing your Account information and User Content if required to do so by Law or if in good faith Liv Strategies believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety or security of Liv Strategies, or our affiliates, staff, Users, or the public.
(d) Derivative Content. Liv Strategies owns all intellectual property rights in the content we derive or create from User Content (“Derivative Content”).
11.2. Feedback and Unwanted Submissions. We welcome any questions, comments or feedback you might have about the Services or these Terms ("Feedback"). Please refer to the Contact section of the Services for our contact information. That said, the Services are not a secure means of communication and any information or content you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, know-how, trade secrets, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. We shall not be subject to any obligation of confidentiality nor be liable for any use or disclosure of such Unwanted Submissions. You agree we are free to use your Unwanted Submissions as we see fit without any obligation to you.
11.3. License to Feedback and Submissions. If you provide Feedback, or Unwanted Submissions, you grant Liv Strategies a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to exploit, use, access, store, reproduce, adapt, translate, publish, publicly perform, publicly display, modify, repost rent out, sublicense, create derivative works from, and distribute from the Feedback or Unwanted Submissions in any way and for any purpose without providing any compensation to you or any other Person. You also grant Liv Strategies the right to use the name you submit with the User Content or Feedback, if any, in connection with Liv Strategies’ rights hereunder.
11.4. Your Representations; Waiver of Moral Rights. Each time you submit or post Feedback, Unwanted Submissions or User Content,you represent and warrant that any such Feedback, Unwanted Submissions, and User Content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name with any such Feedback, Unwanted Submissions, or User Content that we may choose to publish. Where you are the author of such content, you agree that you waive all moral rights you may have in any such Feedback, Unwanted Submissions, or User Content.
11.6. Infringing Content. As copyright holders ourselves, we respect copyright holders’ rights and will quickly respond to any claims of copyright infringement reported on the Services. If you find anything on the Services that you believe infringes your copyright or the copyrights of a person you are authorized to represent, please report the alleged infringement to us at email@example.com.
11.7. Data Backup. The Services do not replace the need for you to maintain regular data backups or redundant data archives. THE LIV STRATEGIES PARTIES HAVE NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF YOUR DATA.
12.1. Reliance on Content. While we use reasonable efforts to include accurate and up-to-date information on the Services, we do not represent, warrant, or promise (whether expressly or by implication) that any, information, materials, or content are or remain available, accurate, complete and up to date, free from bugs, errors or omissions, or fit or suitable for any purpose. Any reliance you may place on the information, materials, or content made available on the Services is at your own risk. Content and materials on the Services are provided for your general informational purposes only.
12.2. Advice Disclaimer. WITHOUT LIMITING SECTION 5, INFORMATION, MATERIALS, AND CONTENT ON THE SERVICES ARE MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION, MATERIALS, AND CONTENT MADE AVAILABLE ON THE SERVICES DOES NOT AND IS NOT INTENDED TO CONVEY INVESTMENT ADVICE, FINANCIAL ADVICE, ECONOMIC ADVICE, ACCOUNTING ADVICE, TAX ADVICE, REAL ESTATE ADVICE, LEGAL ADVICE, OR ANY OTHER TYPE OF PROFESSIONAL ADVICE. YOU MUST NOT RELY ON THE INFORMATION, MATERIALS, OR CONTENT ON THE SERVICES AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL ADVICE. YOU MUST OBTAIN PROFESSIONAL ADVICE FROM A QUALIFIED THIRD-PARTY BEFORE TAKING, OR REFRAINING FROM, ANY ACTION OR INACTION ON THE BASIS OF THE INFORMATION, MATERIALS, OR CONTENT ON THE SERVICES. LIV STRATEGIES IS NOT RESPONSIBLE OR LIABLE FOR ANY ACTIONS OR INACTION YOU TAKE PART AS A RESULT OF THE INFORMATION, MATERIALS, OR CONTENT THAT IS AVAILABLE ON THE SERVICES OR OTHERWISE SUPPLIED TO YOU BY US.
12.3. Availability of the Services. While we endeavour to keep the Services available, we do not represent, warrant, or guarantee in any way the Services’ continued availability at all times or uninterrupted use by you of the Services.
13. THIRD PARTY SERVICES AND CONTENT
13.1. Third Party Services. For your convenience, the Services may provide links or pointers to third-party sites and services. We make no representations or warranties about any other sites or services that may be accessed from the Services. If you choose to access any such sites or services, you do so at your own risk. We have no control over the contents of any such third-party sites or services and accept no responsibility or liability for such sites or services or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites or services. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party’s website, products, or services
13.2. Third Party Content. The Services may include content provided by third-parties, including from other Users and third-party licensors. All statements or opinions expressed in any such third-party content are solely the opinions and the responsibility of the person providing those materials. Such materials do not necessarily reflect the opinion of Liv Strategies. Liv Strategies is not responsible or liable to you or any third party for the content, information, opinions, or accuracy of any third-party materials.
14.1. Indemnification of Liv Strategies. You will defend, indemnify and hold harmless Liv Strategies Parties from and against any and all Losses arising from any third-party claim or action, resulting from, connected with, or relating to:
(a) your use of, or reliance on, the Services or any other services made available through the Services (including the Rent Payment Service), User Content, or the other content or materials made available through the Services;
(b) any use of the Services arising through your Account, whether in violation of the Terms or not;
(c) your interactions, transactions, or agreements with any other Users;
(d) your negligence, misconduct, or breach of these Terms;
(e) your alleged or actual breach of a Tenancy Agreement or violation of Law;
(f) any Rental Property managed, leased out, or rented by you;
(g) your Listings; or
(h) your User Content.
Notwithstanding the foregoing, Liv Strategies retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
15.1. YOUR USE OF THE SERVICES AND ITS CONTENT (INCLUDING USER CONTENT AND LEASE FORMS), AND ANY SERVICES, RENTAL PROPERTIES, OR RENTERS YOU OBTAIN THROUGH THE SERVICES, IS AT YOUR SOLE RISK. THE SERVICES AND ITS CONTENT (INCLUDING USER CONTENT AND LEASE FORMS) ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND WITH ALL FAULTS BASIS. LIV STRATEGIES DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AND LIV STRATEGIES SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15.2. LIV STRATEGIES MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR ITS CONTENT (INCLUDING USER CONTENT AND LEASE FORMS), OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, BE SUITABLE OR APPROPRIATE FOR YOUR CIRCUMSTANCES, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY'S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
15.3. LIV STRATEGIES ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE OR ACCESS, OR TO STORE OR ACCESS PROPERLY, YOUR DATA. YOU ASSUME THE ENTIRE RISK IN DOWNLOADING OR OTHERWISE ACCESSING ANY DATA, FILES, OR OTHER MATERIALS OBTAINED FROM THIRD PARTIES AS PART OF THE SERVICES, EVEN IF YOU HAVE PAID FOR VIRUS PROTECTION SERVICES.
15.4. THE ACCESS TO AND DOWNLOADING OF CONTENT AND MATERIAL FROM THE SERVICES IS DONE AT YOUR OWN RISK. LIV STRATEGIES MAKES REASONABLE EFFORTS TO ENSURE THAT THE SERVICES ARE VIRUS-FREE, BUT LIV STRATEGIES DOES NOT AT ANY TIME GUARANTEE OR WARRANT THAT SUCH CONTENT OR MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE SERVICES.
15.5. WITHOUT LIMITING ANY OF THE OTHER PROVISIONS OF SECTION 15, YOUR USE OF, OR RELIANCE UPON, THE RENT PAYMENT SERVICES IS AT YOUR SOLE RISK. THE RENT PAYMENT SERVICES ARE PROVIDED BY THE PAYMENT PROCESSOR OVER WHOM WE HAVE NO CONTROL AND NOT BY LIV STRATEGIES. WE HAVE NO RESPONSIBILITY OR LIABILITY RELATED TO YOUR USE OR RELIANCE ON THE RENT PAYMNET SERVICES.
15.6. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING ANY LANDLORDS OR RENTERS. YOU UNDERSTAND THAT LIV DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES, OR TO REVIEW OR VISIT ANY RENTAL PROPERTIES TO VERIFY THE ACCURACY OF ANY LISTING, OR TO CONFIRM THEIR CONDITION OR SUITABILITY FOR HABITATION. LIV STRATEGIES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. LIV STRATEGIES EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR LANDLORD LIV STRATEGIES HAS NO RESPONSIBILITY OR LIABILITY FOR CONDUCTING BACKGROUND CHECKS ON ANY USER.
16. LIMITATION OF LIABILITY& RELEASE OF CLAIMS
16.1. Dollar Cap. WITHOUT LIMITING SECTION 16.2, THE LIV STRATEGIES PARTIES CUMULATIVE AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT OF FEES YOU PAID LIV STRATEGIES IN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR IF YOU USED THE SERVICES ON A FREE BASIS, THEN THE LIV STRATEGIES PARTIES’ LIABILITY WILL NOT EXCEED $10.00 CAD).
16.2. Exclusion of Damages. EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE LIV STRATEGIES PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF DATA, LOSS OF REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, PERSONAL INJURY, LOSS OF LIFE, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF PRIVACY, OR ANY OTHER THEORY OF LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.3. Release of Claims. NONE OF THE LIV STRATEGIES PARTIES ARE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR THE ACTS OR OMISSIONS OF ANY USER OF THE SERVICES AND, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU HEREBY RELEASE THE LIV STRATEGIES PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOW AND UNKNOWN, NOW EXISTING AND AS MAY ARISE IN THE FUTURE, ARISING OUT OF OR RELATED IN ANY WAY TO ANY ACT OR OMISSION OF ANY USER OF THE SERVICES.
16.4. TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
17.1. Governing Law. The Services and these Terms is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location.
18. DISPUTES& BINDING ARBITRATION
18.1. Arbitration. If the courts in your province, state, or country will not permit you to consent to binding arbitration, then any legal suit, action, or proceeding arising out of or related to these Terms will be instituted exclusively in the courts of the Province of British Columbia, Canada, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Otherwise, you agree that in the event of any dispute between you and any of the Liv Strategies Parties arising out of or relating to these Terms or the Services that such dispute will be referred to and finally resolved by mandatory and binding arbitration administered by the Vancouver International Arbitration Centre (“VanIAC”) pursuant to its applicable Rules.
The place of arbitration will be Vancouver, British Columbia, Canada. The number of arbitrators will be set to one unless otherwise required by the Rules. The language of the arbitration will be English. The existence and content of the arbitration proceedings, including documents submitted by the parties, correspondence to and from theVanIAC, correspondence to and from the arbitrator, and orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party (except for professional advisors) without the express written consent from the other party unless: (a) (i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein; or (b) such disclosure is required by applicable law.
The parties agree that they will not appeal any arbitration decision to any court.
18.2. Opt-Out. You may opt out of the above arbitration clause by following the procedure described in this paragraph. If you opt out, then neither you nor we will be able to require the other to participate in arbitration for the purposes of resolving any dispute, claim or controversy between you and any of the Liv Strategies Parties arising out of or relating tothese Terms or the Services. To opt out, you must, within 30 days of accepting these Terms, deliver to Liv Strategies a clear written statement indicating that you wish to opt out of the arbitration provisions in these Terms. The statement must contain: (a) your name; (b) your mailing address; (c) your telephone number; (d) your email address; and (e) your Account name (if any). The opt-out statement must be delivered to the following address:
Liv Strategies Inc.
Suite 1A – 1601 Bayshore Drive
Vancouver, British Columbia, Canada
18.3. Waiver of Class Action and Jury Trial. You hereby waive and agree to waive any right you may have to commence or participate in any class action against any of the Liv Strategies Parties related to any claim and, where applicable, you also agree to opt out of any class proceedings against any of the Liv Strategies Parties. Where applicable, if a dispute arises between any of the Liv Strategies Parties and you, you hereby waive and agree to waive any right you may have to participate in a trial by jury with respect to that dispute.
19.1. Force Majeure. No delay, failure, or default on the part of Liv Strategies will constitute a breach of these Terms to the extent caused by: (a) acts of war, terrorism, invasion, riots or other acts of civil unrest; (b) hurricanes, earthquakes, pandemic, epidemic, flood, fire, tsunami,solar flare, electro-magnetic pulse, explosion, other acts of God or of nature; (c) strikes or other labor disputes; (d) national or regional emergency; (e) passage of Law or any action taken by a governmental or public authority, including imposing an embargo, workplace shutdown or staffing restrictions, health order, export or import restriction, quota or other restriction or prohibition, or any complete or partial government shutdown; (f) national or regional shortage of adequate power or telecommunications or transportation facilities; or (g) other causes beyond Liv Strategies’ reasonable control.
19.2. Termination and Survival. Liv Strategies may terminate these Terms at any time by providing written notice of termination to you. Sections 1.2,9.1,9.3,9.5,10,11,12,13,14,15,16,17,18, and 19 and all other provisions of these Terms which must survive termination to fulfill their purpose, will survive termination or expiration of these Terms.
19.3. No Third-Party Beneficiaries.
(a) Except as set forth in Paragraph 19.3(b), the parties do not confer any legal, equitable or other rights or remedies of any nature whatsoever under or by reason of these Terms upon any person other than the parties to these Terms and their respective successors and permitted assigns.
(b) The parties hereby designate each of the Liv Strategies Parties as third-party beneficiaries of Sections 11.7 (Data Backup),14 (Indemnity),16 (Limitation of Liability & Release of Claims),18 (Disputes and Binding Arbitration) having the right to enforce those Sections.
19.4. Relationship. The relationship between the parties is that of independent contractors. Nothing contained in these Terms will be construed as creating any agency, partnership, joint venture, franchise, or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party will have authority to contract for or bind the other party in any manner whatsoever.
19.5. No Waiver. The failure of Liv Strategies to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by you.
19.6. Headings. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
19.7. Severability. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
19.8. Assignment. We may assign these Terms in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to you or your consent. These Terms are personal to you and you may not assign these Terms nor your rights, interests, or obligations under these Terms to any person without our express written consent.
19.9. Entire Agreement. These Terms constitute the sole and entire agreement between you and Liv Strategies regarding the subject matter herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
19.10. Modifications to the Terms. Liv Strategies may modify these Terms from time to time and such modifications will become effective upon posting. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Services after the effective date of the modifications will be deemed acceptance of the modified terms. If you do not agree with the modifications, you must delete your Account. Liv Strategies will provide you with reasonable advance notice through the Services, or by other means, of any modifications that materially adversely affect your rights or impose new obligations on you.
19.11. Language. The parties acknowledge that they have required that the Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que les présentes modalités de vente et tous les documents connexes soient rédigés en anglais.
19.12. Enurement. These Terms will enure to the benefit of and be binding upon the parties to these Terms and their respective successors, heirs, and permitted assigns.
19.13. Equitable Relief. You hereby acknowledge and agree that any breach by you of these Terms would result in harm to Liv Strategies, and that Liv Strategies could not be adequately compensated for such harm by monetary award. Accordingly, you hereby agree that in the event of any such breach, in addition to all other remedies available to Liv Strategies at law or equity, Liv Strategies will be entitled as a matter of right, and without posting bond or proving damages, to, notwithstanding Section 18, apply to any court of competent jurisdiction for such equitable relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance by you with these Terms.
19.14. Notice. We may give you notice at the email address (or if no email address, other contact information) you provide to Liv Strategies during the registration process or at your last known address. Except as otherwise stated herein, you may only give us notice by letter at:
Liv Strategies Inc.
Suite 1A – 1601 Bayshore Drive
Vancouver, British Columbia, Canada