Last Updated: March 12, 2021
Please read these Terms and Conditions (“Terms”) carefully as they contain important information regarding your legal rights, remedies and obligations. By expressly consenting to these Terms when you register for a Liv Account (defined below) and periodically as these Terms are updated, you agree to comply with and be bound by these Terms.
Changes to Terms
We will not reduce your rights under these Terms without notifying you via an alert within the Liv Platform requesting your consent to the change(s). We also email all users when we make changes, and the date the last changes were published is noted at the top of the Terms and Conditions page.Click here to read full terms and conditions regarding changes to terms
Creating an account on the Liv Platform allows users to create a Listing; communicate with other Members regarding a Listing; submit/review rental applications; and sign Tenancy Agreements. Renters can personalize their accounts and identify Roommates. Account registration requires verification via text message. You must be over the age of 18 to open an account.Click here to read full terms and conditions regarding account registration
Renters may add a “Liv Score” to their profile, which reflects their Credit Score, employment history, and other considerations. Obtaining a Liv Score requires requesting a credit history report, which comes from a third party credit reporting agency. The credit reporting agency provides us with a numerical code that is processed through an algorithm, which means the credit score itself is never legible or viewable by any Liv staff, and the credit score is never saved on our servers. Further, the user’s Credit Score is never disclosed to Landlords or the Renter at any time. Requesting a credit history report may negatively impact your credit score.Click here to read full terms and conditions regarding the Liv Score
All users agree to use the Liv Platform for the sole purpose of finding suitable Renters or Rentals, and nothing else. Users are prohibited from misrepresenting themselves and/or their Listings, and must comply with all local, provincial, and federals laws. Liv exercises due diligence to maintain a secure network and will report incidents of fraudulent, illegal and or improper use of the Liv Platform and or any of the services offered within to the applicable governmental authorities.Click here to read full terms and conditions regarding user conduct
Liv is very concerned with safeguarding your Personal Information, and uses AES-256-ctr encryption to protect your Personal Information.Click here to read full terms and conditions regarding security
Because some portions of the Liv Platform implement tools and services from our third party business partners and service providers (“Authorized Third Parties”) including, without limitation, Firebase, HERE WeGo, Twilio, Apple Maps, Google Maps and OpenStreetMap, all Users are subject to the terms and conditions of such Authorized Third Parties, which are available at their applicable sites (as set forth below). Users give Liv permission to share your non-sensitive Personal Information with Authorized Third Parties, which may provide Users with information on goods or services. You can opt out of receiving communications from Authorized Third Parties at any time by selecting “unsubscribe” within the email message received from any such Authorized Third Parties.Click here to read full terms and conditions regarding Third Party Sites
Contact & Customer Support
Users can contact Liv’s Customer Engagement Team through the Live Chat or by email (firstname.lastname@example.org).Click here to read full terms and conditions regarding customer support
Closing Your Liv Account
You may cancel your Liv Account at any time by sending your full name and the email address used to set up your Liv Account to email@example.com. Once we receive a cancellation email request, we need to verify that the request is coming from you before we close your account. We will ask you to verify your account and confirm that the request came from you. Once verification and confirmation is complete, we will close your account.Click here to read full terms and conditions regarding closing Your Liv account
Any Disputes that cannot be resolved by Liv’s Customer Experience Department shall be referred to and finally resolved by binding arbitration administered by the British Columbia International Commercial Arbitration Centre pursuant to its Rules.Click here to read full terms and conditions regarding arbitration
Thank you for using the Liv App.
These Terms constitute a legally binding agreement (“Agreement”) between you and Liv Strategies Inc., which we may also refer to from time to time as “liv.rent”, and our affiliates (“Liv”, “we”, “us” and “our”) governing your access to and use of the Liv website (https://liv.rent/), including any subdomains thereof at any time, and any other websites through which we make the Liv Services (defined below) available (collectively, “Site”), our mobile, tablet and other smart device applications and web and desktop application program interfaces (collectively, “Application”) and all associated services (collectively, “Liv Services”). The Site, Application and Liv Services are together hereinafter collectively referred to as the “Liv Platform”.
When these Terms mention “you”, “your”, “Customer”, “User”, “Member” or similar terms, this means the person or legal entity accessing or using the Liv Services. If you are accessing and using the Liv Services on behalf of a company (such as your employer, client or contracting entity) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement.
Changes to these Terms
We reserve the right, at any time, to update and change any or all of these Terms, in our sole discretion. We will not reduce your rights under these Terms without your explicit consent. In other words, when we introduce changes, we will notify you of any changes to the Terms with an alert within the Liv Platform and request your consent to these Terms. We will also send an email update to our Members and subscribers to our newsletters and updates of such changes to the Terms. We will always indicate the date the last changes were published where “Last Updated” is noted above. We offer access to archived versions of the Terms for your review by emailing our Privacy Officer at firstname.lastname@example.org.
Definitions & Interpretation
Capitalized terms shall have the meanings set forth in this section, or in the sections where they are used.
- LIV and LIV APP. Liv also refers to the trademark used to refer to the Liv Platform, the Site and the Application through which the Liv Services are provided, whether registered or unregistered at any time hereafter with the applicable governmental authorities in such jurisdictions as deemed necessary by Liv, and Liv App equally has the same use and definition herein.
- MEMBER. A user who completes Liv’s registration process as described under “Account Registration” below, creating a Liv Account for use on the Liv Platform.
- LISTING. A rental that is listed as available for rent via the Liv Platform.
- LANDLORD. A User who creates a Listing for rent via the Liv Platform. This includes any agent or property manager who, as an employee, contractor or agent for a Landlord creates and manages Listings on the Liv Platform on behalf of such parties with the authority of such Landlord.
- RENTER. A Member who desires to rent or lease a Listing.
- TENANT. A Member who has entered into a Tenancy Agreement with a Landlord via the Liv Platform.
- USER. Any user of the Liv Services provided through the Liv Platform, which can include a Member, a Member who is a Renter, a Tenant, a Landlord, or an agent on a Landlord’s behalf.
- USER CONTENT. All information and data, including text, images, photos, videos, audio, documents and any User-generated content in any media and format that a User of the Liv Services posts, uploads, publishes, submits, makes available or transmits to be made available through the Site, Application or Liv Platform generally.
In these Terms, words referring to a singular number include the plural and vice versa, words importing any gender include all genders and words importing persons include all legal persons, which means individuals and legal entities of all types. The term “including” means “including without limiting the generality of the foregoing”.
Scope of Services
The Liv Platform is an online hub that connects Landlords and Renters by matching suitable prospective Renters with suitable available Listings. The Liv Platform facilitates all aspects of the residential rental process such as providing for Listings searches, submitting tenancy applications, credit verification and signing tenancy agreements provided through services accessible therein and made available from the Site and the Applications.
The Liv Platform serves as an online hub where Members are matched based on their specific profile and criteria, and have the opportunity to communicate with each other for the sole purpose of finding appropriate Renters (in the case of Landlords/agents) or rental properties (in the case of Renters). We urge all Users to use Liv Services responsibly and exercise caution before entering into any contract or rental agreement.
As the provider of the Liv Platform, Liv does not own, create, sell, resell, control, manage, offer, deliver or supply any Listings and Liv is not a party to any rental, lease, property management or other agreement between Users in relation to any Listings. When Users enter into a Tenancy Agreement, they are entering into a contract directly with each other. Liv is not and does not become a party to any Tenancy Agreement or contractual relationship between Landlords and Renters, nor is Liv a real estate broker, agent, property manager, insurance provider, legal professional or other professional advisor. Liv has no control over the conduct of Landlords, Renters, and other Users of the Liv Platform. Liv is not acting as an agent in any capacity for any User.
Liv has no control over and does not guarantee: (i) the existence, quality, safety, suitability, condition or legality of any of the Listings or properties appearing therein, including without limitation the legality of any short-term rentals offered by any Landlords on the Liv Platform; (ii) the truth or accuracy of the Listings and their descriptions, or any User Content uploaded at any time in relation to the Listings; (iii) the legal authority of the Landlords to rent such properties contained within the Listings to prospective Renters or the financial ability of Renters to pay rent payments in relation to such properties; or (iv) the performance or conduct of any User or any third party at any time.
Any reference to a User being “verified” (or similar language) only indicates that the User has completed their Liv Profile (defined below) with relevant verification and identification details as discussed further below. Any reference to a User possessing a Liv Score (defined below) is based on the Personal Information provided by the User to Liv for disclosure to a Credit Agency (defined below) and the resulting information provided by such Credit Agency to Liv for inclusion in the Liv Score, however Liv does not have any control over and does not guarantee the accuracy of that Personal Information and the Credit Score provided by the Credit Agency. Any “verified” description or reference to the User possessing a Liv Score is not an endorsement, certification or guarantee by Liv regarding the User, nor is it confirmation or any indication of their identity, background, trustworthiness or suitability as a residential tenant.
To use certain features within the Liv Platform, we invite you to register to create an account on the Liv Platform (“Liv Account”). This will allow you to access and use certain features of the Liv Platform such as creating a Listing, communicating with a Member regarding a Listing and signing a Tenancy Agreement as a Member. Some Users may only require the functionality of creating and or reviewing and signing a Tenancy Agreement (as defined below) within the Liv Platform and will not seek access to and or use the further remaining features of the Liv Platform.
We invite you to complete a personal profile on the Liv Platform via your Liv Account (“Liv Profile”), at your sole discretion, which may include your address, geographical area, profession, salary range and a photograph uploaded by you, in addition to any details regarding your roommate (“Roommate”). We may individually assist you to complete your Liv Profile over the phone or in person, which would involve one of our designated employees taking your full name, email address and phone number over the phone to insert directly into your Liv Profile at your express consent. If you choose to complete certain parts of your Liv Profile, including your profile picture, first name, and description, these details will appear to other individual users of the Liv Platform (each a “Member”, together the “Members”), however these will not be publicly visible on the Internet to anyone not signed into the Liv Platform.
By registering a Liv Account for a Person, you represent and warrant that you have the authority to legally bind that Person and grant us all permissions and licenses provided in these Terms.
You can register Liv Account using a phone number and text message verification. You must provide accurate, current and complete information during the registration process and keep your Liv Account and public Liv Account profile page (“Liv Profile”) information updated at all times. You may not register more than one (1) Liv Account unless Liv authorizes you to do so. You may not assign or otherwise transfer your Liv Account to another party. Liv reserves the right to suspend or terminate your Liv Account and your access to the Liv Platform if you create more than one (1) Liv Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for maintaining the confidentiality and security of your Liv Account credentials, and you agree that you will take sole responsibility for any activities or actions under your Liv Account, whether or not you have authorized such activities or actions. You also agree that you will immediately notify Liv of any unauthorized use of your Liv Account if such activity exists or is suspected.
You must be at least 18 years of age and able to enter into legally binding contracts in order to access and use the Liv Platform and or register for a Liv Account. By accessing or using the Liv Platform you acknowledge that you are 18 years of age or older and have both the legal capacity and authority to enter into a legally binding contract.
Landlords may choose to upload their logos to the Liv Platform in order that it appears on all of their Listings and in so uploading their logos, authorizes Liv to use and display the logos for that sole purpose in the form that has been uploaded. In uploading a logo authorizing Liv to display such logo for this purpose, the Landlord will have no claim against Liv in relation to Liv’s display of such logo on the Liv Platform. If there are any issues in relation to the appearance, colour or other aspect of the logo as it appears on the Liv Platform, the Landlord must contact Liv, which will respond to such concerns.
Identity Verification. To help create and maintain a trusted online environment, Liv has a Compliance Team who are responsible for confirming your identity through a manual review of the screen capture of your government-issued identification card or other authentication information that you upload to your Liv Profile. The details from this identification or other information are not be included on your Liv Profile, however by authorizing Liv to confirm your identity through this manual process, this permits us to maintain a trusted environment and protect against identity theft and or related fraudulent occurrences by confirming the identity of Users.
Listings. As a Member, you may create Listings. You will be asked to provide information regarding the rental property to be listed (“Rental”), including, but not limited to, the location, building name, price of rent, rental term, size, features, furnishings, appliances, building amenities, rental restrictions and photos of the Rental. Members are be able to view your Listings via the Liv Platform based upon the information provided in your Listing and the criteria in their searches for properties. Visitors to Third Party Sites (i.e. Craigslist, Kijiji, etc.) are able to view a User’s Listing outside of the Liv Platform if the listing User chooses to export their Listing from the Liv Platform to such sites.
All Users who post Listings agree to use the most accurate, current and complete information about their Listings, and to update such information to keep it accurate, current and complete. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing(s) you post (a) do not breach any agreements you have entered into with any third parties, and (b) (i) are in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Rental included in a Listing you post on the Liv Platform; and (ii) do not conflict with the rights of any third parties at any time. Please note that Liv assumes no responsibility for a Landlord’s compliance with any applicable laws, rules or regulations.
Liv reserves the right, at any time and without prior notice, to remove or disable access to any Listing via the Liv Platform for any reason, including Listings that Liv, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to any Users or to the integrity of the Liv Platform and the safe and trusted environment that Liv is committed to provided thereon.
You understand and agree that Liv does not act as an insurer or as a contracting agent for you as a Landlord. If a Renter signs a Tenancy Agreement with you for your Rental, any Tenancy Agreement that you enter into with such Renter is between you and the Renter, and Liv is not a party thereto. Further, Liv does not act as a professional advisor or legal professional in reviewing any Tenancy Agreement that you enter into with any Renters, and therefore Liv disclaims any liability thereto. For the avoidance of any doubt, Liv expressly disclaims any liability for any term and or condition in a Tenancy Agreement entered into either via the Liv Platform or as a result of communication originating on the Liv Platform between Landlords and Renters.
By creating a user profile and/or using the Liv Platform, you grant Liv a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to use any and all of your User Content that you post/generate through using the Liv Platform. This license ends when you delete content from your account or close your account, unless the content was previously shared with others and has not been deleted. We encourage users to control the information they share using the platform’s privacy settings.
You are solely responsible for all User Content that you make available on or through the Liv Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Liv Platform or you have all rights, licenses, consents and releases that are necessary to grant to Liv the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Liv's use of the User Content (or any portion thereof) in connection with the Liv Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information), misrepresentative or deceptive; (ii) is defamatory or libelous; (iii) is obscene, pornographic, vulgar or offensive; (iii) promotes discrimination or bigotry of any sort to any Persons, or constitutes harassment or potential harm of any sort to any Persons; (iv) is violent or threatening or promotes violence or actions that are threatening to any Person; or (v) promotes illegal or harmful activities or conduct. Liv may, without prior notice and in its sole discretion, remove or disable access to any User Content that Liv finds to be in violation of these Terms, or otherwise may be harmful or objectionable to Liv, its Members, third parties, or property.
Liv respects copyright law and expects its Members to do the same. If you believe that any content on the Liv Platform infringes the copyright that you may own in any material, please contact our Privacy Officer at email@example.com.
If you (as a Landlord) upload a custom rental contract to use on the Liv Platform, 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 Liv Platform and/or delete your Liv Account. You further expressly acknowledge and agree that Liv is not responsible for nor liable in any way for any term or condition, or liability or loss arising from your uploaded contracts on the Liv Platform. If you (as a Landlord) choose to use one of the general contract templates that Liv provides on the Liv Platform, you are undertaking to assume all responsibility in reviewing such contract to ensure that it is appropriate for your rental context and we expressly disclaim any liability for the use thereof, any of the terms and conditions within and/or any resulting contractual dispute should one arise between you and any Tenant.
Listing Verification. As a Landlord, on creating an account on the Liv Platform, you can create a Listing – which we offer an additional service to verify the Listing for you to offer assurance to the prospective Tenants. Landlords may have their Listing verified by uploading either a public utility bill for the prospective Listing, the applicable property tax statement for that year or the Landlord may request that Liv sends a postcard to the address of the proposed Listing. Upon receipt of the postcard, the Landlord can complete the verification process by entering the code on the received postcard into the prospective Listing’s details on the Liv Platform.
The Liv Platform offers a digital filing cabinet (“Filing Cabinet”) for your files uploaded to the Liv Platform in relation to your Listings including, without limitation documents (in any format), photos, etc. Landlords can upload and can enable Tenants to upload documents to the Filing Cabinet strictly for review in relation to the purpose of renting a Listing by the Landlord toggling on “Allow Tenant / Landlord to view” thereby expressly authorizing such review. Liv shall have no right to use the documents uploaded to the Filing Cabinet and is only storing them for review purposes to enable rentals of their Listings. Liv thereby expressly disclaims any liability arising from the use or review of the documents.
Responsibility for Content
- No Obligation to Pre-Screen Content. You acknowledge that Liv has no obligation to pre-screen any User Content, although Liv reserves the right, in its sole discretion, to pre-screen, refuse or remove any User Content for any reason at any time. Without limiting the foregoing, Liv has the right, in its sole discretion, to remove any User Content that violates the Terms or is otherwise objectionable. By accepting and agreeing to these Terms, you hereby provide your irrevocable consent to such rights reserved by Liv in relation to User Content. You acknowledge and agree that you have no expectation of privacy, except as expressly set out herein regarding our obligations to you regarding certain of your Personal Information, concerning the transmission of any User Content you choose to upload, transmit, distribute, post, request, email or otherwise make available (“Make Available”) via the Liv Platform (“Your Content”), including without limitation chat, text, or voice communications within the Liv Platform.
- Storage. Liv has no obligation to store any of Your Content that you Make Available on the Liv Platform. Liv has no responsibility or liability for the deletion or accuracy of any User Content, including Your Content; the failure to store, transmit or receive User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Liv Platform.
The Liv Platform enables Renters to request a credit history report (“Credit Report”) to be prepared regarding their credit history by a third party credit reporting agency, Equifax Canada Inc. (“Credit Agency”), which Credit Report is used to gain a credit score (“Credit Score”) that forms part of our proprietary tenant score, the “Liv Score”, which is a weighted average derived from the aggregate of the Credit Score, any financial verification documents you upload to the Liv Platform solely for such purposes, and confirmation of your employment history via LinkedIn.
When a Member chooses to obtain a Liv Score on the Liv Platform, the Member provides his/her social insurance number, credit card number or driver’s license number (“Member ID”) within the Liv Score form on the Liv Platform and, on the Member’s consent, the Member ID is forwarded to Amazon Web Services which encrypts the Member ID and sends it to the Credit Agency for processing. Amazon Web Services subsequently receives the Credit Report, if available, and sends the Credit Report to the Liv Platform, which reviews the Credit Score, number of accounts, collections, bankruptcies, and credit utilization on the Member's Credit Report, then processes the Credit Score and other Credit Report information to generate the Member’s Liv Score using a weighted percentage in the Liv Platform. The Liv Platform subsequently destroys the Credit Report, without any further storage, copy, reproduction or replication thereof on its servers, nor any further review by any of its staff. Upon receipt of the additional financial verification documents and the results of the additional publicly available Internet searches, the Liv Platform generates a Liv Score comprised of the weighted percentages of all the foregoing, which Liv Score is one of five potential scores: Excellent, Great, Average, Poor or Unknown Score (which may result when a Member does not have sufficient credit reporting and or other personal and financial verification details to weight in a score).
For the avoidance of any doubt, a Credit Score is never disclosed in and of itself to Landlords or the Renter authorizing the Credit Score to be obtained by Liv. The Credit Score is always encapsulated within and forming part of the Liv Score, and is indistinguishable as the Credit Score from the balance of the Liv Score. In other words, it is impossible for a Renter, Landlord, or other User to ascertain an individual’s credit score based on their Liv Score. While a User’s Liv Score and Credit Score are related, they are not interchangeable, and are not the same.
The ultimate decision as to whether to rent to any Person is solely within the discretion of the applicable Landlord, and Landlords are under no obligation to rent, or provide preference, to any Person who has requested or achieved a certain Liv Score.
For the avoidance of any doubt, Liv cannot and does not control the content contained in any Listings and the condition, legality or suitability of any Listings. Liv is not responsible for, does not provide any warranty in relation to, and any disclaims any and all liability related to any and all Listings. Accordingly, any Tenancy Agreement entered into between Landlords and Renters via the Liv Platform are entered into at each User’s own risk.
All Landlords and Renters are solely responsible for ensuring they comply with all local statues, regulations, legislation, and procedures when entering into or ending any tenancy agreement, including but not limited to providing sufficient notice, grounds, and documentation when ending a tenancy agreement. Liv does not provide advice, guidance, or resources relating to local statues, regulations, legislation, or procedures.
Mobile Text Message Services Terms
The following terms in this section apply to everyone who: (1) signs up to receive one or more text message and/or messages from Liv, or (2) sends Liv text messages.
When you sign up for Liv’s text alert program you expressly consent to receive text messages on behalf of Liv, which are used to verify that you are human and that you are the person who created or is using your Liv Account (“Text Services”). You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device via your carrier’s service.
Text Services are the only way that you can log into your Liv Account. Therefore, if you want to stop receiving Text Services, you will not be able to use the Liv Platform or the Liv App, and you will have to close your Liv Account.
You may opt out of Text Services at any 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 from Liv regarding the verification of your identity. If you need help with our Text Services, please email: firstname.lastname@example.org.
We do not charge a fee for Text Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you and/or each message that you send us. It is your responsibility to know whether your carrier charges a few for every message sent and/or received (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred while using Liv’s Text Services.
Text Services may not be available in all areas at all times. Text messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit text messages to you, and we have no liability for any such transmission delay or message failure. Text Services might not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device.
You are responsible for all applicable fees, including Transaction Fees, E-Transfer Fees, Payout Fees, Chargeback Fees, and Transfer Fees (as defined below) (each a “Fee” or, together, “Fees”), as applicable. The Transaction Fee is subject to change, but is currently set at 5.5% + $0.30 per transaction, and is charged to the Landlord. Landlords and Tenants are responsible for E-Transfer Fees (“E-Transfer Fees”) if any such fees are assessed by a financial institution while processing a rent payment or deposit. Landlords and Tenants are also responsible for Chargeback Fees (“Chargeback Fees”) if such fees are assessed by Geoswift—however, these fees are only assessed in connection with a suspected fraud incident. Geoswift Chargeback Fees are subject to change, but are currently set at $30 CAD. We also reserve the right to charge Landlords Transfer Fees (“Transfer Fees”) of up to $25 per transaction. Your agreement to pay the total amount as requested indicates your agreement to pay all Fees, including Transaction Fees, E-Transfer Fees, Payout Fees, Chargeback Fees, and Transfer Fees. You may dispute a Fee by contacting Liv Support.
Payment for Services
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to your use of the Liv Platform. You also agree that you may not and you agree that you will not:
- violate any local, state, provincial, national or other law, regulation or court order, nor knowingly engage in any transaction that is illegal and contrary to any applicable law;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Liv Platform;
- use the Liv Platform for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Liv Platform for purposes not expressly permitted by these Terms;
- infringe the rights of any Person, including without limitation, its/his/her intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Liv Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks (“DoS”), packet or “IP spoofing”, forged routing or electronic mail address information or similar methods or technology;
- use our Liv Platform to transmit, distribute, post or submit any information concerning any other Person, including without limitation, photographs of others without their permission, personally identifiable information, financial information or other information in which such Person holds a privacy interest;
- use our Liv Platform in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to rentals in a private dwelling or building;
- "stalk" or harass any other user of our Liv Platform or collect or store any personally identifiable information about any other User other than for purposes of transacting as a Renter or Landlord;
- offer, as a Landlord, any Rental that you do not yourself own or have permission to rent as a residential or other property or that may not be rented or subletted without breaching any agreement with a third party to which you are bound;
- contact any other User of the Liv Platform for any purpose other than to correspond in direct relation to Listings and Rentals;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Liv Platform;
- as a Landlord, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honour;
- Make Available any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- use, display, mirror or frame the Site, Application, any individual element within the Liv Platform or any Liv IP (as defined below), whether registered or unregistered with any governmental authority, or the layout and design of any page or form contained on a page, without Liv's express written consent;
- access, tamper with or use non-public areas of the Site, Application, Platform, Liv's computer systems or the technical delivery systems of Liv's providers;
- attempt to probe, scan or test the vulnerability of any Liv system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Liv or any of Liv's providers or any other third party (including another user) to protect the Liv Platform;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Liv Platform to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Liv Platform; or
- advocate, encourage or assist any third party in doing any of the foregoing.
Liv reserves the right to suspend or terminate your access to the Liv Services at any time for any reason, including without limitation, potentially fraudulent or illegal activity on the Liv Platform, your possible breach or attempted breach of any of the foregoing, and/or any possible occurrence of any abusive practices that Liv, in its sole discretion, deems harmful or offensive to other Users and/or members of the general public or that may degrade the performance and trust environment of the Liv Services for you and or other Users.
Interactions with Other Users
- User Responsibility. You are solely responsible for your interactions with other Users of the Liv Platform and any other parties with whom you interact through your use of the Liv Services. However, Liv reserves the right, at its sole discretion but not under any obligation, to intercede in any dispute(s). You agree that Liv is not responsible for any liability incurred as the result of such interactions.
- Content Provided by Other Users. The Liv Platform may contain User Content provided by other Users. Liv is not responsible for and does not control User Content. Liv has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use/share all User Content and interact with other Users at your own risk.
- Renting Decisions. Landlords are under no obligation to rent to you or any Person. If you obtain a Liv Score, you understand that any Landlord to whom you provide such Liv Score via the Liv Platform is under no obligation to accept any applicant with a certain Liv Score, or to agree to enter into a Tenancy Agreement with you by virtue of your Liv Score (or simply the creation thereof). You acknowledge and agree that all renting decisions are within the sole discretion of the applicable Landlord, and Liv has no control of any Landlord, including any decisions regarding prospective Renters. Landlords should exercise due diligence in vetting prospective Renters through their own processes in addition to the use of the Liv Platform when deciding whether to rent to and contract with prospective Renters.
Liv is very concerned with safeguarding your Personal Information. We built security into our Services in order to protect your Personal Information. We work hard to protect you, all of our Users and the Liv Platform from unauthorized access, alteration, disclosure or destruction of information that is stored on the Liv Platform and to ensure its security.
We use AES-256-ctr encryption for all sensitive Personal Information on the Liv Platform and while in transit to Amazon Web Services (“AWS”). We review our information regarding collection, processing, storage, retention and destruction practices and compliance, including without limitation physical and online security measures in relation thereto, in order to monitor and prevent any unauthorized access to our systems.
We will disclose details of any breach of the security, confidentiality or integrity of the Liv Platform and any Personal Information stored within the Liv Platform by email and/or by an alert on the Liv Platform in the most expedient time possible and without unreasonable delay, insofar as this is consistent with (i) the legitimate needs of law enforcement in relation to any investigation or other legal process; or (ii) any measures necessary to determine the scope of the breach and restore the integrity of the Liv Platform.
Liv has the right to investigate and prosecute violations of these Terms to the fullest extent of the law. Liv may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge and agree that Liv has no obligation to monitor your access to or use of the Liv Platform, or to review or edit any User Content; has the right to do so, at its sole discretion; and may remove or disable access to any User Content or Your Content for any reason (or no reason), including if such Content violates these Terms or is otherwise harmful to the Liv Platform.
Ownership and Licenses
- Ownership. The Liv Platform and User Content may in its entirety or in part be protected by copyright, trademark, trade secret, patent and or other laws of Canada and applicable foreign countries. You acknowledge and agree that the Liv Platform and all User Content, including all associated intellectual property rights therein and thereto, in addition to all other proprietary information related thereto (collectively, “Liv IP”) are the exclusive property of Liv and or its licensors, or Authorized Third Parties, as applicable. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Liv Platform or User Content. All trademarks, service marks, logos, trade names and any other source identifiers of Liv used on or in connection with the Liv Platform or User Content are trademarks or registered trademarks of Liv in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of Authorized Third Parties used on or in connection with the Liv Platform or User Content are used for identification purposes only, with the authorization thereof and are the property of their respective owners.
- Application License. Subject to your compliance with these Terms, Liv grants you a limited non-exclusive, non-transferable license to download and install a copy of the Liv App (defined below) on a mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.
We are pleased to offer a mobile version of the Liv Platform in the Liv App (hereinafter referred to as the “Liv App” or our “Mobile Application”). The Liv App was designed for Apple iOS and Android mobile devices, and functions on Apple and PC (running Windows) computers. Our App is available from the Apple App Store and the Google Play Marketplace.
For iOS Users: With respect to any Apple App Store-sourced application (a “Mobile App Store-Sourced Application”, defined below), you will only use the Mobile App Store-Sourced Application on an Apple-branded product that runs on iOS (Apple Inc.’s proprietary operating system).
For Android Users: With respect to any Mobile App Store-Sourced Application downloaded from the Google Play Marketplace, you will only use this Mobile App Store-Sourced Application on devices that run on an Android product that runs on Android OS (Google Inc.’s proprietary operating system).
When you use any version of our Mobile Application accessed through or downloaded from the Apple App Store, Google Play Marketplace or any similar store or marketplace (each a “Mobile App Store”), you agree to comply with all applicable third party terms of the relevant Mobile App Store, such as Apple App Store’s “Usage Rules” (“Usage Rules”) including the terms of the corporate entity making such Mobile App Store available to you and any of its subsidiaries. Liv reserves all rights in the Application not expressly granted to you by these Terms. You will not use, copy, adapt, modify, prepare derivative works of, distribute in any way, license, sell, transfer, publicly display, publicly perform, transmit or broadcast or otherwise use or exploit the Liv Platform or the User Content except to the extent that you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Liv or its licensors, except for the licenses and rights expressly granted in these Terms.
- Your Content. Liv does not claim ownership of Your Content. However, when you post or publish Your Content on the Liv Platform, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or incorporate it in other words in any form, media, or technology now known or later developed. You hereby grant to Liv a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense through multiple tiers of sublicenses, to use, copy, modify, distribute, publicly display, publicly perform, digitally transmit, and otherwise exploit such Your Content on, through, or by means of the Liv Platform.
- Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Liv through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Liv has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Liv a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Liv Platform.
Third Party Sites
We trust that you will enjoy your experience using the Liv Platform and we continue to do our utmost to create a trusted environment and user experience for all of our Users. If you have concerns as a User that you wish to raise to and discuss with us, you may contact our Customer Experience department (“Customer Experience Department”) either through our live chat functionality available on the Liv Platform (“Live Chat”) or by contacting us by email (email@example.com
Additionally, our Live Chat offers the capability to assist you in better using the Liv Platform by offering the opportunity to give the Live Chat agent the ability to co-browse your session on the Liv Platform with you in order to troubleshoot or better assist you. The Liv Chat agent cannot take control of your use of the Liv Platform, including namely that the agent can’t perform any functions for you, and importantly for you, the agent cannot see anything else on your device except for your view of the Liv Platform. If you wish to have an agent co-browse with you, you may ask for this or agree to it within the Live Chat.
Termination of your Liv Account
Termination of any Liv Services includes, without limitation, removal of access to your Liv Account and termination of your further access to and use of Liv Services. Termination of all Liv Services also includes deletion of your password and all related information, files and Content associated with or inside your Liv Account (or any part thereof), including Your Content that you Make Available on or via your Liv Account.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to the Liv Platform, and or (b) deactivate or terminate your Liv Account.
Upon termination of your Liv Account, your right to use such Liv Services terminates immediately. You understand that any termination of the Liv Services may involve deletion of Your Content associated therewith from the Liv Platform. Liv will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of these Terms which by their nature should survive, shall survive termination of the Liv Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE LIV PLATFORM IS AT YOUR SOLE RISK, AND THE LIV PLATFORM, INCLUDING THE LIV SERVICES PROVIDED THEREIN AND VIA THE SITE AND APPLICATION, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. YOU ACKNOWLEDGE AND AGREE THAT LIV DOES NOT HAVE ANY OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND LANDLORDS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. LIV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT. LIV MAKES NO WARRANTY THAT THE LIV PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LIV MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES. LIV MAKES NO WARRANTY OR REPRESENTATIONS REGARDING EITHER THE COMPLETENESS OR RELIABILITY OF ANY TENANCY AGREEMENTS YOU MAY PRODUCE USING THE LIV PLATFORM, OR THE LEGAL AUTHORITY AND VALIDITY OF SUCH TENANCY AGREEMENTS AT ANY TIME HEREINAFTER.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LIV OR THROUGH THE LIV PLATFORM, CREATES ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE LIV PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE LIV PLATFORM, INCLUDING BUT NOT LIMITED TO ANY LANDLORDS OR RENTERS. YOU UNDERSTAND THAT LIV DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE LIV PLATFORM, OR TO REVIEW OR VISIT ANY RENTALS TO VERIFY THE ACCURACY, CONDITION OR SUITABILITY FOR HUMAN INHABITATION OF ANY LISTING. LIV MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE LIV PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE LIV PLATFORM. LIV EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.
ALL DECISIONS WHETHER TO RENT TO ANY INDIVIDUAL ARE SOLELY WITHIN THE DISCRETION OF THE APPLICABLE LANDLORD. YOU ACKNOWLEDGE AND AGREE THAT LIV HAS NO CONTROL OVER THE RENTING DECISIONS OF ANY LANDLORD. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ALL CREDIT REPORTS PROVIDED BY CREDIT AGENCIES VIA ANY LIV SERVICES ARE SOLELY FOR YOUR CONVENIENCE AND FOR NO OTHER PURPOSES. LANDLORDS ARE UNDER NO OBLIGATION TO RENT TO ANY INDIVIDUAL WHO PROVIDES A LIV SCORE REPORT, NOR ARE LANDLORDS UNDER ANY OBLIGATION TO ACCEPT ANY RENTAL APPLICATION ACCOMPANIED BY A LIV SCORE. AS BETWEEN LIV AND THE CREDIT AGENCY, THE CREDIT AGENCY IS SOLELY RESPONSIBLE FOR ALL CREDIT REPORTS, INCLUDING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF.
Limitation of Liability
NEITHER LIV NOR ANY OF ITS THIRD PARTY PARTNERS OR SUPPLIERS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE LIV PLATFORM, INCLUDING LOST PROFITS, LOSS OF DATA OR ANY DAMAGES OR COSTS DUE TO LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS (EXCLUDING LIV’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), FROM THE USE OF OR INABILITY TO USE THE LIV PLATFORM, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE LIV PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE LIV PLATFORM FROM YOUR LISTING OF ANY RENTAL VIA THE LIV PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT LIV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold Liv, along with its officers, directors, shareholders, employees, contractors, agents and professional advisors, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees (on a solicitor and own client basis), arising out of or in any way connected with (a) your access to or use of the Liv Platform or your violation of these Terms; (b) Your User Content; (c) your interaction with any Member; or (d) your Listing(s).
Accessing and Downloading the Application from an App Store
The following applies to any application (“Mobile App Store-Sourced Application”) accessed through or downloaded from a mobile application store or inventory (“Mobile App Store”) such as the Apple App Store or the Google Play Marketplace:
- 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.
- Liv is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Mobile App Store-Sourced Application to conform to any applicable warranty, you may notify the Mobile App Store, and the Mobile App Store shall refund the purchase price for the Mobile App Store-Sourced Application to you. To the maximum extent permitted by applicable law, the Mobile App Store does not have any other warranty obligation whatsoever with respect to the Mobile App Store-Sourced Application.
- You and Liv acknowledge that, as between Liv 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 and/or use of the Mobile App Store-Sourced Application, including but not limited to: (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.
- You and Liv acknowledge that, in the event of any third-party claim that the Mobile App Store-Sourced Application or your possession and use of that Mobile App Store-Sourced Application infringes that third party’s intellectual property rights, as between Liv and the Mobile App Store, Liv, not the Mobile App Store, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- You and Liv 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.
- Liv’s contact information for any end-user questions, complaints or claims with respect to the Mobile App Store-Sourced Application is set forth below.
- 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.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Liv and you regarding the Liv Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the parties with respect to such subject matter.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Liv's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Liv may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, must be in writing and given by Liv (i) via email; or (ii) by posting to the Site or via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You may give notice to Liv at the following address: firstname.lastname@example.org.
Electronic Communications. The communications between you and the Liv use electronic means, whether you visit the Liv Platform or send the Liv e-mails, or whether the Liv posts notices on the Liv Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Liv in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures and other communications that Liv provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Governing Law. These Terms are to be interpreted in accordance with the laws of the province of British Columbia and the federal laws of Canada as applicable.
Waiver; Severability. The failure of Liv to enforce any right or provision of these Terms does not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision is effective only if in writing and signed by a duly authorized representative of Liv. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms is to be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Force Majeure. Liv shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Contacting Liv. If you have any questions about these Terms or the Liv Platform generally, please contact us at email@example.com.