Terms and Conditions
Last Updated: September 7, 2020
Welcome to Sublet Connect!
These Terms and Conditions outline the rules and regulations for the use of Sublet Connect’s Website and our Services and products (“Sublet Connect Platform”), located at subletconnect.com.
By accessing this website, we assume you accept these Terms and Conditions and have agreed to abide by and be bound by them. Do not continue to use Sublet Connect if you do not agree to all of the Terms and Conditions stated herein.
Sublet Connect Services
Sublet Connect is an online marketplace that connects students looking to sublet their space with students looking for a space to rent. Users must use their primary email address to sign up and use the Sublet Connect Platform. By accessing our Website or Service, you agree to the following Terms and Conditions. You should review these Terms and Conditions regularly as they may change at any time at the sole discretion of Sublet Connect. If you do not agree with any of these Terms and Conditions, you should not access or otherwise use the Website or our Services. These Terms and Conditions govern the use of site and services offered and constitute a binding legal agreement between you and SUBLET CONNECT.
The Sublet Connect Platform is intended to be used as a marketplace for Users to connect directly with each other. You hereby agree that Sublet Connect is not and shall not be a party to any agreements entered into between Users. Sublet Connect does not service, control, manage or have ownership to any postings. Any transfer of leasehold interest will be made at the User’s own risk. Sublet Connect is not responsible for any and all liability-related problems with any posting and bears no responsibility for the conduct of the Users of the Sublet Connect Platform. Users, not Sublet Connect, are responsible for ensuring the legal entitlement to sublet any premises by written proof or other assurance from the landlord or property manager. You agree that you are using the Sublet Connect Platform at your own risk and you are solely responsible for all actions, directly and indirectly, that occur and which may give rise to legal exposure to you.
We will make an effort to update our Website with any changes to these Terms and Conditions and/or to the Services described herein. You are encouraged to review these Terms and Conditions frequently (the date of the most recent revision to these Terms and Conditions will appear at the beginning of these Terms and Conditions).
A. (“Sublandlord”) is the Master Leaseholder and a registered User who has listed that property on the Website.
B. (“Subtenant”) is a registered User who requests to book a property on the Website.
1. Eligibility and Member Verification
1.1 In order to access and use the Sublet Connect Platform or register a Sublet Connect Account you must be an individual at least 18 years old and able to enter into legally binding contracts. By using the Sublet Connect Platform, you certify that (i) you are at least 18 years of age, and (ii) you agree to the Terms and Conditions as outlined herein. Your continued use of Sublet Connect Platform affirms your continued agreement and acceptance of these Terms and Conditions as well.
1.2 Sublet Connect may make access to and use of the Sublet Connect Platform, or certain areas or features of the Sublet Connect Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings’ or Reviews’ thresholds, or a User’s booking or cancellation history.
1.3 User verification over the internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may at our sole discretion (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen User against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if applicable).
1.4 The access to and use of certain areas and features of the Sublet Connect Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Sublet Connect Platform. If there is a conflict between these Terms and Conditions and the terms and conditions applicable to a certain area or feature of the Sublet Connect Platform, the latter terms and conditions will take precedent with respect to your access to or use of that area or feature, unless otherwise specified in the latter terms and conditions.
1.5 Some areas of the Sublet Connect Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
2. Account Registration
2.1 To become a User, you must register an account (“User Account”) in order to access and use certain features of the Sublet Connect Platform, such as publishing or booking a Listing. You can register a User Account by using an email address and creating a password.
2.2 In creating and using your User Account on the Sublet Connect Platform, you agree to (i) provide true, accurate, current and complete information about yourself on any registration form required on the Platform; and (ii) maintain and promptly update your User Account to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Sublet Connect has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Sublet Connect reserves the right to suspend or terminate your User Account and to refuse any and all current or future use of your User Account.
2.3 You may not register for more than one (1) User Account unless Sublet Connect authorizes you to do so. You may not assign or otherwise transfer your Sublet Connect Account to another party.
2.4 User Accounts and User IDs are non-transferable, and all Users are obligated to take preventative measures to prohibit unauthorized Users from accessing the Website with his or her User ID and password. You may not assign or delegate any of your obligations and responsibilities to the Terms and Conditions hereunder, in whole or in part, to any third party. Any such attempted assignment or delegation will not be recognized by Sublet Connect unless Sublet Connect has provided written permission. Sublet Connect has no obligation to provide you with written consent. Sublet Connect reserves the right, at any time and in its sole discretion, to terminate the Account of any User who attempts to assign or delegate their responsibilities under these Terms and Conditions to a third party without explicit, written consent from Sublet Connect.
2.5 You are responsible for maintaining the confidentiality and security of your Sublet Connect Account credentials and may not disclose your credentials to a third party. You must immediately notify Sublet Connect if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Sublet Connect Account. You are liable for any and all activities conducted through your Sublet Connect Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
2.6 Sublet Connect may now or in the future enable features that allow you to authorize other Users or certain third parties to take certain actions that affect your User Account. For example, we may enable Users to link their User Accounts to businesses and take actions for those businesses, we may enable eligible Users or certain third parties to book Listings on behalf of other Users, or we may enable Sublandlords to add other Users as Co-Sublandlords to help manage their Listings or jointly list multiple spaces from the same property. These features do not require that you share your credentials with any other person. No third party is authorized by Sublet Connect to ask for your credentials, and you shall not request the credentials of another User.
2.7 You authorize Sublet Connect to rely on your User ID and password to identify you when you use the Sublet Connect Platform, and as signature authorization for any payment made using the Sublet Connect Platform. You acknowledge and agree that you are responsible for all payments you make using the Sublet Connect Platform and for paying any and all late charges and penalties. You also acknowledge and agree that if you permit another person or persons to use the Sublet Connect Platform or give them your User ID and/or password, you are responsible for any and all payments that person makes to your User Account, even if the person exceeds your authorization. You agree that Sublet Connect may comply with the Payment Instructions entered by any person using your User ID and Password, subject to these Terms and Conditions.
3.1 Sublet Connect may, at its sole discretion, enable Users to (i) create, upload, post, send and receive content, such as text, photos, audio, video, or other materials and information on or through the Sublet Connect Platform (“User Content”); and (ii) access and view User Content and any content that Sublet Connect makes available on or through the Sublet Connect Platform, including proprietary Sublet Connect content and any content licensed or authorized for use by or through Sublet Connect from a third party (“Sublet Connect Content” and together with User Content, “Collective Content”).
3.2 The Sublet Connect Platform, Sublet Connect Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Canada and other countries. You acknowledge and agree that the Sublet Connect Platform and Sublet Connect Content, including all associated intellectual property rights, are the exclusive property of Sublet Connect and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sublet Connect Platform, Sublet Connect Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Sublet Connect used on or in connection with the Sublet Connect Platform and Sublet Connect Content are trademarks or registered trademarks of Sublet Connect in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Sublet Connect Platform, Sublet Connect Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
3.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Sublet Connect Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sublet Connect or its licensors, except for the licenses and rights expressly granted in these Terms and Conditions.
3.4 Subject to your compliance with these Terms and Conditions, Sublet Connect grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Website on your personal device(s); and (ii) access and view any Collective Content made available on or through the Sublet Connect Platform and accessible for you, solely for your personal and non-commercial use.
3.5 By merely providing access to the Sublet Connect Platform, Sublet Connect does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) Sublet Connect has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) that your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) that any information obtained in response to questions asked through, or postings made on, the Website is accurate or complete.
3.7 You are solely responsible for all User Content that you make available on or through the Sublet Connect 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 Sublet Connect Platform or you have all rights, licenses, consents and releases that are necessary to grant to Sublet Connect the rights in and to such User Content, as contemplated under these Terms and Conditions; and (ii) neither the User Content nor your positing, publication, uploading, submission or transmittal of the User Content or Sublet Connect’s use of the User Content (or any portion thereof) as contemplated under these Terms and Conditions 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.
3.8 You will not post, publish, upload, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Sublet Connect’s Content Policy or any other Sublet Connect policy or standard. Sublet Connect may, without prior notice, remove or disable access to any User Content that Sublet Connect finds to be in violation of any applicable law, these Terms and Conditions or Sublet Connect’s then current Policies or Standards, or otherwise may be harmful or objectionable to Sublet Connect, its Users, or third parties.
3.9 Sublet Connect respects copyright law and expects its Users to do the same. If you believe that any content on the Sublet Connect platform infringes copyrights you own, please notify us at firstname.lastname@example.org.
4. Reservation of Rights, Modification of these Terms
4.1 Sublet Connect reserves the right to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon request.
4.2 Sublet Connect further reserves the right to amend these Terms and Conditions at any time in accordance with this provision. If changes are made to these Terms and Conditions, we will post the revised Terms and Conditions on the Sublet Connect Platform and update the “Last Updated” date located at the top of these Terms and Conditions. Further, Users will be provided with notice of the modifications via email at least (30) days prior to the date that they become effective. If you are in disagreement with the modified Terms and Conditions, you reserve the right to terminate this Agreement with immediate effect. Our notification email will remind you of your right to terminate the Agreement. If you do not terminate your Agreement prior to the date the revised Terms and Conditions become effective, your continued access to, or use of, the Sublet Connect Platform will constitute acceptance of the revised Terms and Conditions.
5.1 When creating a Listing through the Sublet Connect Platform you must (i) provide complete and accurate information about your Sublandlord Service (such as listing description, location, and calendar availability), (ii) disclose any and all deficiencies, restrictions (such as house rules) and requirements that apply (such as minimum age) and (iii) provide any other pertinent information requested by Sublet Connect. You are responsible for keeping your Listing information (including calendar availability) up to date at all times.
5.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing fee (“Listing Fee”). Once a Subtenant requests a booking of your Listing, you may not request that the Subtenant pay a higher price than in the booking request.
5.3 Pictures, animations or videos (collectively “Images”) used in your Listing must accurately reflect the quality and condition of your Sublandlord Service. Sublet Connect reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
5.4 The placement and ranking of Listings in search results on the Sublet Connect Platform may vary and depend on a variety of factors, such as Subtenant search parameters and preferences, Sublandlord requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Sublandlord Service, and/or ease of booking. More information about the factors that determine how your Listing appears in search results can be found by emailing email@example.com.
5.5 When you accept or have pre-approved a booking request by a Subtenant, you are entering into a legally binding agreement with the Subtenant and are required to provide your Sublandlord Service(s) to the Subtenant as described in your Listing when the booking request is made. You also agree to pay the applicable Sublandlord Fee and any applicable Taxes.
5.6 As a Sublandlord, you acknowledge and agree that you are responsible for any and all content that you post. Accordingly, you represent and warrant that any post and booking (i) will not breach any agreements you have entered into with any third parties, such as homeowners’ association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning and laws governing rentals of residential and other properties), tax requirements, and rules and regulations that may apply to any post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Sublandlords are solely responsible for ensuring the accuracy of their posts and any associated documents, as well as honoring completed bookings with a Subtenant.
5.7 Sublandlords understand and agree that Sublet Connect does not act as an insurer or as your contracting agent. Users understand that any agreements you enter into with another party are only between you and the other party, not with Sublet Connect. Sublandlords acknowledge and agree that they are responsible for not only their own acts and omissions but also the acts and omissions of the other individuals that currently reside or will reside at the property.
5.8 Sublet Connect assumes no responsibility for a Sublandlord’s compliance with (i) any and all obligations and responsibilities under the Master Lease (ii) any duties to or agreements with a third party, (iii) applicable law, and (iv) rules and/or regulations. Sublet Connect reserves the right, at any time and without prior notice, to remove or disable access to any post for any reason, including posts that Sublet Connect, in its sole discretion, considers to be objectionable for any reason, in violation with these Terms and Conditions or Sublet Connect’s then-current Policies, or otherwise harmful to the Sublet Connect Platform and its services.
6.1 Subject to meeting any requirements (such as completing any verification processes) set by Sublet Connect and/or the Sublandlord, you can book a Listing available on the Sublet Connect Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Subtenant Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Sublet Connect Account.
6.2 Upon receipt of a booking confirmation from Sublet Connect, a legally binding agreement is formed between the Subtenant and the Sublandlord, subject to any additional terms and conditions of the Sublandlord that apply, including any applicable cancellation policy and any rules and restrictions specified in the Listing, as well as the terms set forth in the Master Lease. For Users opting to use Sublet Connect Payments, Sublet Connect Payments will collect the Total Fees in accordance with the Payment Policy dictated in these Terms.
6.3 Sublet Connect may now or in the future maintain Group Payment features that enable Subtenants to enter sublet agreements as a group with the Sublandlord(s) of a Property. In such a case, the Subtenant who is booking a Listing on behalf of one or more additional Subtenants (the “Organizer”) will have the option to split the payment of the Total Fees for an eligible booking on a pro-rata basis between the Organizer and at least one other additional Subtenant (each a “Co-Payer”) (the “Group Payment Service”). Whether Sublet Connect now or in the future maintains such a feature, it remains the sole responsibility of the Organizer to ensure that every additional Subtenant meets any requirements set by the Sublandlord, and is made aware of and agrees to these Terms and Conditions and any terms and conditions, rules and restrictions set by the Sublandlord or the Master Lease.
6.4 Subtenants understand that a confirmed booking of a Property (“Subleased Premises”) is a limited license granted by the Sublandlord to the Subtenant to enter, occupy and use the Subleased Premises for the duration of the sublease term (“Term”), during which time the Sublandlord (only where and to the extent permitted by applicable law) retains the right to re-enter the Subleased Premises, in accordance with the Sublease Agreement (“Agreement”), or as otherwise mutually agreed upon between the parties to the sublease.
6.5 Subtenants agree to leave the Subleased Premises no later than the date agreed upon in the Agreement or such other date as mutually agreed upon between the Subtenant and the Sublandlord. If a Subtenant stays past the agreed upon date without the Sublandlord’s consent (“Overstay”), the Subtenant no longer has a license to stay in the Subleased Premises and the Sublandlord is entitled to effect eviction in a manner consistent with applicable law. In addition, the Subtenant agrees to pay, if requested by the Sublandlord, for each twenty-four (24) hour period (or any portion thereof) that the Subtenant Overstays, plus all applicable fees, Taxes, and any legal expenses incurred by the Sublandlord to effect eviction (collectively, “Overstay Fees“). Overstay Fees for late departures that do not impact upcoming bookings, or any other intentions of the Sublandlord, may be limited to the additional costs incurred by the Sublandlord as a result of such Overstay.
7. Payments and Service Fees
Sublet Connect’s payment processing system is powered through Stripe. Users understand that Stripe will protect and store their payment and payout information.
7.1 Sublet Connect may charge fees to Sublandlords and/or Subtenants (collectively, “Service Fees”) in consideration for the use of Sublet Connect Payments or other Services. More information regarding the calculation and application of Service Fees can be found on our Pricing Page.
7.2 Any and all applicable Service Fees (including any applicable Taxes) will be displayed to a Sublandlord or Subtenant prior to the publishing or booking of a Listing. Sublet Connect reserves the right to change the Service Fees at any time. Users will be provided with adequate notice of any Service Fee changes before they become effective. Such changes will not affect any bookings made prior to the effective date of the fee change.
7.3 You are responsible for paying any Service Fees that you owe to Sublet Connect. The applicable Service Fees (including all applicable Taxes) are collected by Sublet Connect Payments. Sublet Connect Payments will deduct any Sublandlord Fees from the Listing Fee prior to remitting the payout to the Sublandlord. Subtenant Fees are included in the Total Fees collected by Sublet Connect Payments. Unless otherwise provided through the Sublet Connect Platform, Service Fees are non-refundable.
8. Damage to Accommodations, Disputes between Members
8.1 As a Subtenant, you are responsible for leaving the Subleased Premises (including any personal and other property located at the Premises) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Subleased Premises, excluding the Sublandlord (and the individuals the Sublandlord invites to the Subleased Premises, if applicable).
8.2 Sublandlords and Subtenants both agree to clean the property before moving out. Subtenants must leave the property in the same condition as when they arrived. As a Subtenant, you agree to be responsible for any and all damages you or your guests cause and to fully compensate the Sublandlord, or affected party, as the case may be, for the cost of damage. All parties agree that Sublet Connect is not responsible for any damages or any other similar event that occurs before, during, or after the sublet term. You agree that Sublet Connect acts, in its sole capacity, as a mediator to a dispute, should one arise, in order to help determine an appropriate resolution. Both parties agree to be honest and cooperative, and to bring forth any and all information necessary for Sublet Connect to conduct an adequate review of the incident. If Users cannot settle on a resolution for the dispute, Users understand and agree that Sublet Connect, in its sole capacity as a mediator to the dispute, is not obligated or responsible for making a decision and it is up to the respective Users alone to come to a resolution. Sublet Connect is in no way responsible for resolving any disputes and recommends that you seek your own legal counsel if a dispute occurs.
8.3 Users agree to cooperate with and assist Sublet Connect in good faith, and to provide Sublet Connect with such information and take such actions as may be reasonably requested by Sublet Connect, in connection with any Damage Claims or other complaints or claims made by Users relating to the Subleased Premises or any personal or other property located at the Premises. A User shall, upon Sublet Connect’s reasonable request, participate in mediation or a similar resolution process with another User(s), which may be conducted by Sublet Connect, though we have no obligation to do so. If Sublet Connect determines not to be involved in the resolution of the conflict, it will be the sole responsibility of the Users to the dispute to seek their own method of resolution.
9. Cancellation Policy
Sublet Connect, in its sole capacity as a facilitator to transactions between Sublandlords and Subtenants, is not responsible or otherwise obligated to take any action resulting from cancellations to a sublease agreement. Both sublandlords and subtenants expressly understand that they act in their sole discretion when cancelling an agreement. Both parties understand and agree that Sublet Connect is not party to any agreements resulting from the use of our Platform and is not in any way responsible for resolving conflict that arises from a parties failure to uphold the terms of their agreement.
10. Electronic Communication
10.1 When you register on the Sublet Connect Platform, you must designate a primary email address that will be used for receiving electronic communication. To the extent that Sublet Connect maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be used by Sublet Connect to provide notices pursuant to these Terms and Conditions, as required by Applicable Law (as permitted) or generally regarding your User Account(s) with Sublet Connect. Sublet Connect will NEVER send you an email requesting confidential information such as Account numbers, Usernames, or passwords and you should NEVER respond to an email requesting such information.
10.2 By your registration with the Sublet Connect Platform, you agree to receive these Terms and Conditions and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your user profile. You also agree that Sublet Connect may respond to any communication you send to Sublet Connect with an electronic communication, regardless of whether your original communication with Sublet Connect was an electronic communication. Any electronic communication Sublet Connect sends to you will be considered received within 2 calendar days of the date on which such communication was sent by computer servers utilized by Sublet Connect to the email address you designate in your user profile. To the extent permissible under Applicable Law, any electronic communication you send to Sublet Connect will not be effective until Sublet Connect has had a reasonable opportunity to act on the electronic communication.
As a Sublandlord you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable taxes.
12.1 If you choose to use the Sublet Connect Platform, you do so voluntarily and at your sole risk. The Sublet Connect Platform is provided “as is”, without warranty of any kind, either expressed or implied. You agree that you have had whatever opportunity you deem necessary to investigate the Sublet Connect Platform, Services, laws, rules, or regulations that may be applicable to your Listings and/or Sublandlord Services you are receiving and that you are not relying on any statement of law or fact made by Sublet Connect relating to a listing.
12.2 If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
13.1 You acknowledge and agree that, to the maximum extent permitted by the law, the entire risk arising from your access to and use of the Sublet Connect Platform and Collective Content, your publishing or booking of any listing via the Sublet Connect Platform, your stay at any Subleased Premises, participation in any Sublandlord Service, participation in the Group Payment Service, or any other interaction you have with Users whether in person or online remains with you. Neither Sublet Connect nor any other party involved in creating, producing, or delivering the Sublet Connect Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or 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 (i) these Terms and Conditions, (ii) the use or inability to use the Sublet Connect Platform, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet as a result of your use of the Sublet Connect Platform, or (iv) from your publishing or booking of a listing, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Sublet Connect has been warned of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
13.2 Except for our obligations to pay amounts to applicable Sublandlords pursuant to these Terms and Conditions, in no event will Sublet Connect’s aggregate liability arising out of or in connection with these Terms and Conditions and your use of the Sublet Connect Platform including, but not limited to, from your publishing or booking of any Listing via the Sublet Connect Platform, or from the use of or inability to use the Sublet Connect Platform and in connection with any Subleased Premises or interactions with any other Users, exceed the amounts you have paid or owe for bookings via the Sublet Connect Platform as a Sublet in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Sublandlord, the amounts paid by Sublet Connect to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Canadian dollars (CAD$100), if no such payment has been made, as applicable.
13.3 The limitations of damages set forth above are fundamental elements of the basis of the bargain between Sublet Connect and you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Sublet Connect’s option), indemnify, and hold Sublet Connect and its affiliates and subsidiaries, including but not limited to, Sublet Connect Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms and Conditions or our Policies or Standards, (ii) your improper use of the Sublet Connect Platform or any Sublet Connect Service, (iii) your interaction with any User, your stay at a Subleased Premises, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.
15. Termination of Service
Sublet Connect reserves the right to terminate your User Account or the right to access secured portions of the Sublet Connect Platform at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other Users of the Sublet Connect Platform, to Sublet Connect, to the business of the Sublet Connect Platform’s Internet service provider, or to other information providers.
Information that Sublet Connect publishes in the Sublet Connect Platform may contain references or cross-references to products, programs or services of Sublet Connect that are not necessarily announced or available in your area. Such references do not mean that Sublet Connect will announce any of those products, programs or services in your area at any time in the future. Sublet Connect cannot guarantee the availability of apartments or sublet opportunity posts on the Sublet Connect Platform, and YOU agree this is not a responsibility of Sublet Connect, nor do you expect such actions.
17. Dispute Resolution
Should a dispute arise between You and Sublet Connect, the parties agree to attempt to resolve by good-faith negotiations and discussions. (You agree that changing your mind about subleasing an apartment does not qualify as a “dispute” and agree you do not hold Sublet Connect responsible for the same.) If resolution cannot be informally reached, you and Sublet Connect agree that all disputes will be submitted for Arbitration by the Canadian Arbitration Association, to be completed in the City of Toronto, Ontario within a reasonable amount of time. The Parties agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgment of law or decree.
“Sublandlord” is the Master Leaseholder and the party listed that property on the Website.
“Subtenant” is someone who has requested to book a property on the Website.
Information We Collect
Sublet Connect may collect personal and non-personal information that you provide in the course of using our Website. The personal information we collect may include your name, mailing address, phone number, email address, credit card number, and financial information. The non-personal information that we collect may include your browser type, the URL of the previous website you visited, your Internet Service Provider, operating system, and you Internet Protocol (IP) Address. The non-personal information is not used by Sublet Connect to personally identify you and is not readily usable for that purpose.
When you create an account as a Sublandlord or Subtenant on Website, subscribe to Sublet Connect’s Services, or otherwise complete a transaction through our Website, we will collect your name, mailing address, telephone number, credit card number, email address, and other information that we request during the registration process. In addition, if you communicate with Sublet Connect regarding the Website or any of Sublet Connect’s Services, we collect any information that you provide to Sublet Connect during the course of communication.
If You choose to communicate with other Users of Website in-person, or any location other than the Sublet Connect Platform, please note that this is outside the scope of Website, and we cannot guarantee the privacy and safeguarding of any information you give out to other Users. Similarly, should you choose to post photos, animations, or videos (collectively “Images”) on Website of accommodations available to sublet, please use caution in ensuring that no identifying or private information is visible in the Images; Website and Sublet Connect shall have no responsibility or liability for any negative ramifications that occur due to accidental or unintentional posting of private information.
We may use analytic and reporting technologies to record non-personal information such as Internet domain and host names, IP addresses, browser software, operating system types, click patterns, and dates and times the Website and Sublet Connect’s services are accessed by You. We may also contract with a third party to help Sublet Connect manage, monitor and optimize our Website and measure the effectiveness of our advertising, communications and the use of Website. Sublet Connect may use beacons and cookies (described below) for this purpose.
Our Use of Information for Internal Purpose
Sublet Connect uses your personal information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving our Website and the products and services that Sublet Connect offers and sells, to collect credit card payments for fees and other purchases you make, and to provide customer support.
Sublet Connect also uses your personal information to complete rental transactions between Users on Website. By joining and using Website, you consent to the use of your information in this way; however, Sublet Connect will not store any credit card information beyond what is necessary to complete your transaction, and will not share this information with third parties, including the individual from who you are subletting.
Sublet Connect uses the non-personal information collected to track the use of the Website and to assist in providing, maintaining, evaluating, and improving our Website and the services and products Sublet Connect offers and sells.
Sublet Connect’s Disclosure of Non-Personal Information to Third Parties
Sublet Connect may disclose non-personal information, in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not opt-out of the sharing of this information.
A web beacon is an often-transparent graphic image, usually no larger than a 1×1 pixel that is placed on a web page or in an e-mail that is used to monitor the behaviour of the user visiting the website or received the email.
Cookies and web beacons used by Sublet Connect will not be linked to your personal information.
How Sublet Connect Protects Your Personal Information
Sublet Connect considers the protection and security of your personal information very important. To protect the security and quality of your personal information, Sublet Connect has implemented technical and managerial procedures to maintain accurate, current and complete information as well as to protect your personal information against loss, misuse or alteration when under our control. When you enter sensitive information such as a credit card number and/or social security number on Sublet Connect’s registration or order forms, Sublet Connect encrypts that information using secure socket lay technology (sometimes referred to as “SSL”).
Sublet Connect follows generally accepted industry standards to protect all personal information submitted, both during the transmission and once it is received. Sublet Connect is also committed to full compliance with Canadian Federal Privacy Law for private-sector enterprises put forth by the Personal Information Protection and Electronic Documents Act (“PIPEDA”). No method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while Sublet Connect strives to use statutorily and commercially acceptable means to protect your personal information, Sublet Connect does not, and cannot, guarantee absolute security. Sublet Connect is not responsible for the unauthorized acts of others and Sublet Connect assumes no liability for any disclosure of information due to errors in transmission, unauthorized third-party access (such as hacking) or other acts of third parties, or acts or omissions beyond our reasonable control. You agree to this and do not hold Sublet Connect responsible for any such unauthorized acts that result in your personal information being shared with those Sublet Connect did not intend.
Reviewing and Changing Your Personal Information
You can change or correct errors in your personal information within the Website, however, if you are unable to do so, you may contact Sublet Connect at firstname.lastname@example.org. If you desire to obtain a copy of the personal information you shared, you will be required to provide proof of your identity. If your personal information changes or if you no longer wish to subscribe to the Website, you may correct, update or deactivate your personal information and your account through the profile management screen by deleting your account. If you wish to deactivate or terminate your subscription you may also contact email@example.com for assistance.
Opting Out of Receiving Communications from Sublet Connect
You may opt-out of having your personal information used for certain purposes. For example, if you utilize Sublet Connect services to sublet an accommodation but do not wish to receive any additional marketing material from Sublet Connect, you may indicate your preference as directed via Sublet Connect’s emails and Website.
If you no longer wish to receive any promotional or other communicative materials from Sublet Connect, you may opt-out by following the instructions included in each email communication or by emailing Sublet Connect at firstname.lastname@example.org. Sublet Connect also offers you the opportunity to opt-out of certain communications through the profile management screen.
Updated: September 7, 2020