Terms of Service
By accessing or using My Quarters's platform, website located at (myquarters.ca), or mobile application ("Platform"), you acknowledge that you have read, understand, and agree to be bound by these Terms of Use and our Privacy Policy. These Terms of Use constitute a legally binding agreement between you and My Quarters Inc.
Welcome to My Quarters ("My Quarters," "we," "us," or "our"). The Platform offers a comprehensive suite of services designed to support both tenants and landlords. These services include, but are not limited to, rent reporting, property listings, credit reports, property marketing, listings, application and screening, tenant communication, digital lease execution, rental and utilities payment processing, credit building, rental guarantee insurance, rewards programs, integration with property management tools, partnerships with third-party service providers, and our unique Piggy Bank program. The Piggy Bank program allocates savings from our brokerage's operational efficiencies to help users save for future leasing and home purchases, ensuring that our users can achieve their housing goals while receiving the best possible prices.
By clicking “SIGN UP,” each User agrees to be bound by these terms of service (the “Agreement”). If a User is entering into this Agreement on behalf of a corporation or other legal entity, the User represents that they have the legal authority to bind such entity to this Agreement. These Services may be subject to additional terms and conditions. Your acceptance of these Terms of Use is a condition for using the Platform; if you do not agree, you are not authorized to use the Platform. You must be at least 18 years of age and capable of entering into legally binding agreements to use the Platform. My Quarters reserves the right to modify these Terms of Use and to limit the availability of our Services to any geographic area or jurisdiction at our sole discretion.
Definitions for My Quarters
When used in this Agreement, each of the following words and phrases shall have the meanings set out below:
a. Account Profile: Refers to a user's account created for unique identification on My Quarters's platform. b. Agreement: These Terms of Use, including related schedules and policies, as may be amended from time to time. c. Credit Card Payment: The use of the Services to make payments via credit card. d. Debit Card Payment: The use of the Services to make payments via Visa or MasterCard debit card. e. Bank Account Payment: The use of the Services to make payments via a checking/chequing bank account. f. Force Majeure: Any act, occurrence, condition, or event beyond the control of a party that materially affects the performance of that party's obligations under this Agreement and could not reasonably have been foreseen or provided against. g. Indemnified Parties: My Quarters and its subsidiaries, affiliates, officers, directors, agents, employees, consultants, customers, suppliers, and other representatives. h. Landlord: The person with whom a Tenant has a lease agreement under which the Services are used to facilitate payment. i. Lease: The written lease agreement between a User and Landlord. j. Linked Sites: Third-party websites or applications accessed through My Quarters's website. k. Payment: Refers to Credit Card Payment, Debit Card Payment, and Bank Account Payment. l. Payment Amount: The aggregate dollar value of a Payment exclusive of any Service Fee. m. Payment Processor: My Quarters's third-party payment processor. n. Recurring Payment: An automatic recurring payment processed monthly. o. Service Fee: The fee charged by My Quarters for using the Payment Service, stated in the onboarding process prior to the Payment being submitted. p. Services: The services offered through My Quarters's platform, which may include but are not limited to rent reporting, property listings, credit reports, property marketing, apartment listings, application and screening, tenant communication, digital lease execution, rental and utilities payment processing, credit building, rental guarantee insurance, rewards programs, integration with property management tools, and partnerships with third-party service providers. q. Third-Party Services: Services provided by third parties that users may access through My Quarters's platform. r. Users or User: Any user of My Quarters's Services, including tenants, landlords, and all authorized representatives, consultants, contractors, or agents. s. Company Parties: My Quarters, its affiliates, and their respective shareholders, successors, assigns, consultants, agents, contractors, and all officers, directors, employees, and independent contractors thereof. t. Website: The website located at www.myquarters.ca, and all related webpages.
Services and User Accounts
My Quarters Services
Subject to the terms of this Agreement, you may use My Quarters's Services in the following manner:
Manual Reporting: For property management firms and individual landlords, users may manually report rent payments. No rent splitting is available with this method.
Automated Payments: An alternative for individual landlords is that payments can be made via EFT, credit cards, and debit cards. Rent splitting is available via this method. Please note that payments are processed 4 days prior to the rent due date.
Upon successful payment, My Quarters will notify both the landlord and the user. It is the user's responsibility to ensure that their chosen payment method is acceptable to their landlord.
User Accounts and Services
Your Account: When you create an account on My Quarters, you are expected to provide accurate and current profile information. This account will be your primary interface with all My Quarters services. Any activities that occur under your account are your responsibility. If your account details change, it is your duty to update them in a timely manner. Failure to maintain accurate account information may lead to temporary or permanent suspension.
Eligibility: To use My Quarters's services, you must be an individual of legal age or a legally recognized entity, with the capacity to form binding contracts. Additionally, a valid Canadian mailing address is required. My Quarters reserves the right to verify eligibility and may terminate accounts that do not meet these requirements. By using our services, you agree to periodic eligibility verification. Failure to meet eligibility criteria may result in access restrictions.
Identity Authentication: By signing up for My Quarters, you authorize us to validate your identity. This may include checking third-party databases and other verification measures. My Quarters takes these steps to maintain a secure platform for all users. Failed identity validation could result in restricted access or account termination. We appreciate your cooperation in these necessary security protocols.
Platform as a Venue: My Quarters serves as a facilitative platform, connecting landlords with potential tenants. We are not a party to any rental agreement or transaction formed between users. Our role is strictly that of a platform provider, without any liability for the content or enforcement of rental agreements. Users are urged to conduct their due diligence before entering into transactions. Failure to adhere to the law in your rental transactions is your responsibility.
Rental Transactions and Agreements: The properties you find on My Quarters are independently owned and managed. My Quarters does not assume responsibility for rental agreements, financial transactions, or any other interactions between landlords and tenants. Users are solely accountable for the legality and enforceability of their agreements. My Quarters disclaims all liabilities arising from user interactions. Make sure to consult applicable laws to ensure your compliance.
Disclaimer: My Quarters cannot guarantee the enforceability or legality of any agreement made through its platform. It is the user's responsibility to consult legal advice to ensure that their agreements are lawful. My Quarters disclaims any liability for disputes arising from unenforceable agreements. Users are expected to be aware of all applicable municipal, provincial, and federal laws. Any misrepresentation on the platform could result in legal consequences.
Compliance with Government Investigations: While My Quarters itself is not a party to rental agreements, we may be compelled to provide transactional information to authorities for legal reasons. You consent to such disclosures upon registering your account. Failure to cooperate with such investigations may result in penalties or legal action. My Quarters fully cooperates with any legal requirements for information disclosure.
User Account and Login Credentials: Each My Quarters account is unique and you are responsible for maintaining its confidentiality. You should not share your login credentials. If you suspect unauthorized activity on your account, it is your responsibility to report it to My Quarters immediately. Failure to maintain secure login credentials could result in unauthorized access, for which My Quarters will not assume liability. My Quarters reserves the right to reset login credentials for security reasons.
Support and Service Level: My Quarters aims to offer continuous, reliable service and provides customer support during regular business hours. Although we strive for constant uptime, there may be periods of downtime for maintenance or emergencies. My Quarters will not be held liable for any losses incurred during these periods. Advanced notice for planned maintenance will be provided whenever possible.
Third-Party Services and Disclaimers: a. General Third-Party Liability Disclaimer: My Quarters may include links to third-party websites, for which we assume no responsibility. You acknowledge that interacting with third-party sites is at your own risk. My Quarters is not liable for the accuracy, reliability, or quality of third-party content. Users should exercise caution when clicking external links. b. Third-Party Credit Services: Any credit or financial services linked through My Quarters are provided by independent third parties. My Quarters neither endorses nor assumes responsibility for these services. Users should verify the credibility of third-party financial service providers. My Quarters disclaims liability for any issues arising from the use of third-party credit services.
Payments and Financial Responsibilities: a. Payment Processor: My Quarters uses a third-party processor for all financial transactions. We are not responsible for payment delays, errors, or failures caused by the third-party processor. Users should confirm all transaction details before finalizing payments. b. Service Fees: My Quarters charges a non-refundable service fee for each transaction, separate from the primary payment. Fees are collected at the time of the transaction and are not subject to refund. c. Taxes: Users are solely responsible for determining and fulfilling tax obligations related to their transactions. My Quarters does not handle tax collections or reporting. Failure to comply with tax laws can result in penalties, for which My Quarters assumes no responsibility.
Credit Score and Reports: Upon registration, you may consent to My Quarters obtaining your credit score and/or report. This information is used solely for validation and risk assessment. My Quarters maintains confidentiality as per our Privacy Policy. It is the user's responsibility to ensure the accuracy of credit-related information.
Acceptable Use: When using My Quarters, you must adhere to all applicable laws and ethical guidelines. Discriminatory, harmful, or fraudulent activities are strictly prohibited and could result in account termination. My Quarters expects all users to maintain a respectful environment and reserves the right to suspend accounts for unacceptable behavior.
Limited License: My Quarters grants users a limited, revocable, non-exclusive license to access and utilize the platform. This license is conditional on adherence to My Quarters’s terms and conditions. Failure to comply with these terms can result in the revocation of this license and subsequent legal action.
Unauthorized Use: Unauthorized uses of the Platform are strictly prohibited. Violation of this clause will result in immediate account termination and could subject the user to legal action. My Quarters reserves the right to monitor activity for unauthorized use. You agree to indemnify My Quarters against any claims or damages arising from unauthorized use of the platform. Unauthorized uses include but are not limited to: a. Removing any copyright, trademark, or other proprietary rights notices from the Platform. b. Using automated devices or manual processes to monitor or copy the Platform's content. c. Collecting, aggregating, copying, scraping, or displaying the Platform's content. d. Using framing techniques to enclose any portion of the Platform. e. Posting or transmitting false, fraudulent, or misleading information. f. Deep-linking to any portion of the Platform without express written permission. g. Modifying or creating derivative works from the Platform's content. h. Transmitting harmful or malicious software. i. Reverse engineering any part of the Platform. j. Selling, transferring, or licensing any portion of the Platform to third parties. k. Using the Platform for unauthorized advertising or spam. l. Infringing upon the rights of the Company or third parties. m. Adversely affecting the Platform's performance or functionality.
Equipment: Users are solely responsible for all equipment necessary to access My Quarters's services. This includes, but is not limited to, computers, smartphones, and internet connectivity. My Quarters will not be held liable for issues arising from inadequate or faulty equipment. You agree that lack of appropriate equipment will not be grounds for any claims against My Quarters. Any difficulties in accessing the platform due to equipment failure do not exempt users from the terms of this agreement.
No Reversals and No Refunds: Once a payment is made, My Quarters offers no reversals, refunds, or chargebacks. All transactions are final. This policy is in place to protect My Quarters from fraudulent activities and to ensure the integrity of our payment system. Users agree that they cannot seek reversals, refunds, or chargebacks unless explicitly allowed under specific conditions in this agreement.
Recurring Payments: You authorize My Quarters and our third-party vendors to initiate recurring debit and credit entries to your accounts. This authorization continues even after your account has been terminated, until all outstanding balances are paid. Failure to cancel recurring payments does not constitute grounds for a refund. You agree that My Quarters holds no liability for overdraft fees or other financial penalties that arise from these transactions.
Payment Limits: My Quarters may, at its sole discretion, impose limitations on payment amounts. You agree that these limits are acceptable and necessary to protect My Quarters from fraudulent activities or financial risk. Users are notified that limits may be changed without prior notice and agree to abide by these changes.
Insufficient Funds or Credit: Users are solely responsible for maintaining sufficient funds or credit to complete transactions. My Quarters is not liable for payments that are not completed due to insufficient funds. Failure to maintain sufficient funds or credit may result in account termination. You agree to indemnify My Quarters against any damages or claims arising from such failures.
Declined Service Fees: If service fees are declined, your account will be considered in arrears. Users are required to settle any outstanding service fees to maintain account functionality. Continued failure to meet this requirement may result in account suspension or termination. You agree that My Quarters is not responsible for any additional charges that may accrue due to declined service fees.
Default and Fraudulent Transactions: My Quarters reserves the right to terminate or limit user accounts in cases of fraudulent or suspicious activities. This is to protect both the integrity of the platform and other users. My Quarters also retains the right to seek legal action against users engaged in fraudulent activities. You agree to bear all legal costs arising from fraudulent use of your account.
Payments to Partners: Payments can only be made to approved building owners, landlords, and property managers. My Quarters does not facilitate payments to third-party vendors or unauthorized individuals. You agree that My Quarters is not liable for payments made to unauthorized or fraudulent accounts.
Linking: My Quarters may provide hyperlinks to third-party websites, but it does not endorse or take responsibility for the content on these websites. Users agree that My Quarters will not be held liable for any issues arising from the use of third-party links. Clicking on such links is done at the user's own risk.
No Advice: The platform offers information that is purely informational. My Quarters does not provide legal or professional advice, and the content should not be interpreted as such. You agree that My Quarters is not liable for any actions taken based on the information provided on the platform.
User Code of Conduct: Users are required to abide by My Quarters’s User Code of Conduct and all applicable laws. Failure to do so will result in account termination and may subject the user to legal penalties. You agree to indemnify My Quarters against any legal claims or damages arising from conduct that violates this clause.
Services Not Provided: My Quarters is not a transactional entity and does not provide leasing or legal advice. Users agree that any need for such services should be sought through appropriate channels. You acknowledge that My Quarters bears no liability for issues arising from transactions or professional services.
Third-Party Communications: My Quarters is not responsible for interactions or communications between users and third parties. You agree that any disputes with third parties are your sole responsibility and that My Quarters is indemnified against any related claims.
Third-Party Services: Any use of third-party services is at the user’s own risk. My Quarters disclaims all liability regarding third-party services. Users agree to hold My Quarters harmless from any issues arising from the use of third-party services.
Contractors: My Quarters may employ contractors for operational purposes. You agree that My Quarters is not liable for any actions or inactions by these contractors. Users recognize that contractors are not considered parties to this agreement and have no responsibility towards users.
Suspected Fraud: If My Quarters suspects that a user is engaging in fraudulent or illegal activities, the Services may be immediately terminated. You agree to fully cooperate with any investigations, including those by law enforcement agencies. My Quarters reserves the right to report suspected unlawful activities to administrative and law enforcement authorities. Failure to cooperate with any such investigations may result in immediate account termination and legal consequences. My Quarters is not liable for any loss or damage resulting from the suspension or termination of Services due to suspected fraud.
Intellectual Property and Proprietary Rights: The Services are protected by applicable intellectual property laws. Users have no right to transfer, assign, or sublicense any licensed rights granted by this Agreement. All proprietary notices or markings within the Services must remain intact. Removal or tampering with these notices constitutes a breach of this Agreement. You agree to indemnify My Quarters against any claims or damages arising from violation of this clause. All users are granted a limited, nontransferable license to access My Quarters’s platform content for personal and specific use related to My Quarters services. Redistribution or modification is prohibited.
Security and Electronic Communication: Unsecure Electronic Channels: You acknowledge and accept all risks associated with unsecure electronic communications between you and My Quarters, including the possibility of third-party interception or data loss. My Quarters implements security measures but does not guarantee complete security. Any user is responsible for their own security safeguards. Access to Account: You are responsible for ensuring that only you or individuals legally authorized to act on your behalf have access to your account. Notice of Unauthorized Use: You agree to notify My Quarters immediately upon becoming aware of any unauthorized use of the Services or your account.
Third-Party Links: My Quarters is not responsible for third-party content, products, or privacy policies. Use of such sites is at your own risk.
Contests and Promotions: My Quarters may occasionally offer contests, promotions, or similar activities. Specific rules will govern these activities and will be available either on the website or app. Participation in any such activities signifies acceptance of these rules. Failure to comply with these rules may result in disqualification from the activity. My Quarters reserves the right to alter or terminate any contests or promotions at its sole discretion.
User Content: User Content Defined: "User Content" refers to all content uploaded by a user to the platform, including but not limited to property data, financial information, and images. Responsibility for User Content: Users are solely responsible for their own User Content, and My Quarters does not independently evaluate or verify the same. User Content Details: You represent that all User Content provided is accurate, current, and does not infringe upon any third-party rights. Landlord Warranties: Landlords specifically warrant that they possess the necessary rights and authority to list properties on the Platform. Company License to User Content: By uploading User Content, you grant My Quarters a nonexclusive, irrevocable, royalty-free license to use such content for the operation of the platform. Right to Request Additional Information: My Quarters reserves the right to request additional information to verify a user's compliance with this Agreement. Failure to provide such information may result in account suspension or termination. You agree to comply promptly with any such requests from My Quarters. Right to Remove or Refuse Content: My Quarters has the full authority to remove or decline to post any User Content that violates the terms of this Agreement or for any other reason at its sole discretion. Removal of content does not exempt the user from any legal consequences for violations of this Agreement. You agree to abide by My Quarters's decision to remove or refuse content.
Privacy Policy: My Quarters is committed to protecting your personal information in accordance with PIPEDA and other relevant Canadian laws. Please refer to My Quarters's Privacy Policy at the given link for a comprehensive explanation. This Privacy Policy is an integral part of these Terms of Use. It outlines how we collect, store, and manage your data. Your continued use of the Services implies consent to our Privacy Policy.
User Account Security: You bear sole responsibility for maintaining the security of your IDs, passwords, PINs, and other access methods related to our Services. Ensure that your personal information, including email and street address, is current and accurate in your Account Profile. Failure to maintain adequate security measures may result in unauthorized access to your account and potential data breaches.
Indemnification and Release: You agree to indemnify My Quarters and its affiliates, officers, directors, agents, and employees from any claims, damages, or losses, including legal fees, arising from your use of our Services, breach of this Agreement, or violation of any third-party rights and claims against My Quarters arising from User Content, Third party Services and Disputes between users. Failure to comply with any part of this Agreement could result in legal repercussions. You understand that violating third-party rights could subject you to a separate legal action from the concerned third party, in addition to any action taken by My Quarters. My Quarters reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate fully in any defense of such claim by My Quarters. By agreeing to these terms, you also shield My Quarters from any third-party claims arising from your conduct or content.
Limitations of Liability: My Quarters, its affiliates, and officers shall not be liable for any indirect, consequential, special, or punitive damages arising from the use of our Services, even if My Quarters has been advised of the possibility of such damages. The limitations of liability extend to the fullest extent permitted by law. We aim to provide a valuable and secure service, but we cannot guarantee that all factors affecting your experience are within our control. No oral or written statement by any My Quarters representative shall create a warranty or increase the scope of this limitation of liability.
Cap on Liability: Our total liability to you shall not exceed the greater of $100 or the aggregate amount you've paid to My Quarters in fees over a one-month period. This cap on liability serves as a reasonable estimate of potential damages and is not a penalty. This cap is designed to protect My Quarters from undue financial burden while providing a level of restitution for the user. It applies regardless of the legal theory on which a claim is based. By using our Services, you acknowledge and agree to this limitation of liability.
Exclusions from Liability: The limitations set forth do not apply in cases of My Quarters’s gross negligence or willful misconduct. In such cases, My Quarters accepts liability as determined by applicable laws. However, this should not be construed as an admission of liability for less severe forms of negligence or other torts. You understand that allegations of gross negligence or willful misconduct require a higher burden of proof. In cases where such a burden is met, statutory or other legal limits may apply.
General Disclaimer: The Services are provided "as is" and "as available" without any express or implied warranties. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. My Quarters does not warrant that the Services will meet your requirements or that the quality of Services will meet your expectations. No My Quarters representative is authorized to make any modifications to this disclaimer.
No Warranty on Continuous Access: My Quarters does not guarantee that access to our Services will be uninterrupted, timely, secure, or error-free. Network conditions, maintenance, and other factors may affect availability. While we strive to provide a reliable service, interruptions may occur and are not considered breaches of this Agreement. My Quarters is not liable for any loss incurred due to an inability to access the Services.
Third-Party Interactions: My Quarters does not endorse and is not responsible for any third-party services or products recommended or made available through our Services. You should conduct your own due diligence before engaging with third-party services. My Quarters disclaims all liability with regard to your interactions and transactions with third parties. You agree that any disputes with third parties are your responsibility and not that of My Quarters.
Governing Law: This Agreement is governed by and interpreted in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict-of-laws principles. You agree that this choice of law is reasonable and consistent with your expectations. Any legal action against My Quarters must be initiated in Ontario.
Mandatory Arbitration: All disputes arising under or in relation to this Agreement shall be resolved exclusively through binding arbitration in Toronto, Ontario, in English. This arbitration agreement is intended to expedite resolution and reduce the costs of any disputes. My Quarters reserves the right to choose the arbitration organization and arbitrator, within reason. You waive your right to a jury trial by agreeing to arbitration.
Arbitrator’s Decision: The decision of the arbitrator shall be final and binding on all parties. It may be entered as a judgment in any court of competent jurisdiction. My Quarters reserves the right to seek judicial enforcement of the arbitrator's decision where applicable. Both parties agree that the arbitrator has the authority to grant all remedies available under this Agreement or applicable law.
Costs of Arbitration: Unless otherwise directed by the arbitrator, each party shall be responsible for its own costs and legal fees. My Quarters may seek to recover these costs if it prevails in the arbitration. The responsibility for costs shall not deter either party from seeking arbitration.
Exceptions to Arbitration: Despite the arbitration agreement, either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Ontario for matters related to intellectual property, confidential information, or any violation that would cause irreparable harm. This does not diminish your agreement to submit other disputes to arbitration.
Acceptance of Terms: By using My Quarters's Services, you acknowledge that you have read, understood, and agreed to these terms in their entirety. This Agreement serves as the entire understanding between you and My Quarters and supersedes any prior or contemporaneous agreements or understandings. Your use of the Services indicates your consent to all protections for My Quarters outlined in this Agreement.
Ownership and Use Restrictions: The Services are owned and operated by My Quarters. The Content, including but not limited to graphics, data, and software, is proprietary to My Quarters, its affiliates, and/or third-party licensors. This Content is fully protected under Canadian, United States, and international copyright and trademark laws. Unauthorized use, reproduction, or distribution of any Content is strictly prohibited. Any unauthorized use may result in legal action taken by My Quarters.
General Payment Terms: All payments made between users, including but not limited to tenants and landlords, are facilitated through the My Quarters platform. My Quarters only acts as a facilitator for these transactions and is not directly involved, thus it assumes no liability for the quality, safety, or legality of the services provided. By using My Quarters's payment system, you agree to indemnify My Quarters against any claims or liabilities arising from disputes between users. My Quarters is not responsible for verifying the quality or legality of transactions. Users must exercise their own due diligence during transactions.
Payment Obligations: Users are solely responsible for verifying the identity and eligibility of other users with whom they transact. My Quarters does not endorse any users and explicitly disclaims all liability related to user actions, fraudulent or otherwise. My Quarters is not a party to the transactions facilitated through its platform and therefore is not liable for the actions of any users. You agree to hold My Quarters harmless from any claims arising from your interactions with other users. Users must resolve disputes among themselves without involving My Quarters.
Third-Party Processors: Payments facilitated through My Quarters may be processed by third-party payment processors. My Quarters does not guarantee the security or performance of these third-party services and disclaims all liability for any issues arising from their use. Users are solely responsible for complying with the terms and conditions of these third-party processors. If you choose to use a third-party processor, you assume all risks associated with that choice. My Quarters does not collect or store payment information that is processed by third-party payment processors.
Data Security: My Quarters disclaims all liability for the security or performance of third-party payment processors. While My Quarters aims to integrate reputable third-party services, it is your responsibility to review their privacy policies and terms of service. My Quarters will not be liable for any breaches of data security by third-party providers. By using My Quarters's Services, you agree to hold My Quarters harmless for any data breaches or other security incidents arising from third-party services. Always exercise caution and follow security best practices when conducting transactions online.
Transaction Fee: My Quarters may impose transaction fees for certain services facilitated through its platform. These fees are disclosed at the time of the transaction and may be subject to change without prior notice. My Quarters is not responsible for any disputes arising from changes in these fees. Users are encouraged to review the applicable fees before completing a transaction. By using My Quarters's services, you agree to pay all applicable fees as disclosed.
Authorization: By using My Quarters's Services, you authorize My Quarters to charge applicable transaction fees, where appropriate. This authorization is an integral part of using My Quarters's platform. Failure to honor this authorization could result in the suspension or termination of your My Quarters account. My Quarters reserves the right to pursue legal action for any unauthorized chargebacks or disputes. Your authorization confirms your agreement to these terms.
Additional Fees: Landlords may impose additional fees for services rendered through My Quarters’s platform. These fees must be disclosed to tenants at the time of the transaction. My Quarters is not responsible for the setting, collection, or remittance of these additional fees. You agree to hold My Quarters harmless for any disputes arising from additional charges imposed by landlords. Landlords are solely responsible for complying with applicable laws related to these charges.
Responsibility: Landlords bear full responsibility for setting, collecting, and remitting additional fees in accordance with applicable laws and regulations. My Quarters is not a party to these additional fees and disclaims all liability for any issues arising from them. If you are a landlord, you are solely responsible for all legal and financial obligations associated with your charges. By offering additional services with charges through My Quarters's platform, landlords agree to indemnify My Quarters against any liabilities, claims, or disputes arising from these charges. My Quarters will not be involved in disputes between landlords and tenants over additional fees.
Changes to Agreement: My Quarters reserves the right to amend the terms of this Agreement at any time and at its sole discretion. Amendments are effective immediately upon posting on the platform. Users are notified via email or platform notifications. Continued use of the platform implies acceptance of the updated terms. This section is essential to allow My Quarters to adapt to changing conditions and ensure the continued provision of services.
Users right to discontinue use: If you disagree with any changes to this Agreement, your only option is to cease using My Quarters's services, thereby discharging My Quarters from any future obligations to you. Account deactivation can be completed through the platform's settings. Deactivation will end your right to use My Quarters's services but won't affect past transactions for which My Quarters will remain unliable.
Termination and Suspension: My Quarters reserves the right to terminate this Agreement or suspend a User's access to the platform for any reason, including but not limited to, breach of this Agreement. Suspensions or terminations may occur without prior notice at the sole discretion of My Quarters. Upon termination, My Quarters has no further obligations to the User, except as explicitly stated herein. This provision allows My Quarters to maintain the quality and integrity of the platform by removing disruptive or non-compliant users. Users who are terminated will not be entitled to any compensation or refunds.
Termination by Company: The Company may, at its sole discretion, terminate this Agreement or suspend User's access for any reason, including breach of this Agreement.
Termination by User: Users may terminate this Agreement by discontinuing use of My Quarters's services and canceling any active subscriptions. Termination by the User does not entitle them to refunds for any transaction fees or used services.
Post-Termination: Upon termination, all obligations and rights outlined in this Agreement shall continue to be in effect until they are fully performed or otherwise discharged.
Authority: By using My Quarters's platform, the User attests that they possess the legal authority to enter into this Agreement and to comply with all its terms. This clause safeguards My Quarters by ensuring that Users are capable and authorized to form legally binding contracts. Users found to be misrepresenting their authority are subject to immediate termination and legal action.
Entire Agreement: This Agreement represents the entire understanding and contract between the User and My Quarters. No other communications or representations are included. This clause ensures that My Quarters has full control over the terms that govern the platform and services, limiting the risk of informal or unwritten obligations.
Relationship: The relationship between My Quarters and the User is that of independent contractors. My Quarters is not liable for any commitments, actions, or liabilities undertaken by the User. This protects My Quarters from any form of employment or partnership liability claims from the User.
Assignment: Users are not permitted to assign or transfer their rights or obligations under this Agreement without the prior written consent of My Quarters. This ensures that My Quarters retains control over who is bound by this Agreement, safeguarding the platform's integrity and terms.
Waiver and Severability: Failure by My Quarters to enforce any provision of this Agreement does not constitute a waiver of future enforcement of that or any other provision. Invalidity or unenforceability of one or more provisions of this Agreement does not affect any other provision. This protects My Quarters by ensuring that a lapse in enforcement at any time does not compromise the full Agreement.
Notices: All notices should be in writing and are considered delivered when they are sent to the respective addresses provided during the account creation process. This provision defines the formal procedure for communication between My Quarters and Users, thereby safeguarding My Quarters's interests.
Force Majeure: My Quarters is not responsible for any failures in performance due to circumstances beyond its control, such as natural disasters, government actions, or network failures. This clause protects My Quarters from liability for events that are outside its control.
Survival: Provisions relating to intellectual property, indemnification, limitation of liability, and other terms that by their nature should survive the termination, shall continue in effect beyond any termination of this Agreement. This provision safeguards My Quarters's rights and obligations that are intended to have enduring effect.
Interpretation: Headings are solely for convenience and do not affect the interpretation of this Agreement. Words in the singular include the plural and vice versa. This provision ensures that minor discrepancies in phrasing do not affect the overall interpretation and enforceability of this Agreement, thereby safeguarding My Quarters's legal interests.
Sweepstakes and Bonus Credits Terms and Conditions
1. Eligibility Criteria:
- The sweepstakes and bonus credits offer are available to all registered users of the platform residing in Canada who are legally adults in their province or territory of residence.
- Participants must have linked their bank account to the platform and must be active subscribers for at least one month to qualify for any winnings or bonus credits.
2. Bonus Credits:
- Participants who subscribe to the platform are eligible to receive $1,000 CAD in bonus credits.
- These bonus credits will be locked during the first month of subscription and cannot be used or withdrawn.
- After maintaining an active subscription for one month, the $1,000 CAD in bonus credits will unlock and become available for use or withdrawal in the second month.
- Bonus credits can only be used towards purchases or leases on the platform and are not applicable for ongoing monthly rent payments.
- Bonus credits are subject to the platform's standard processing schedule for withdrawals.
3. Sweepstakes Mechanics:
- Participants can enter the monthly sweepstakes by paying their rent through the platform and redeeming a lottery ticket for 10 credits.
- Each participant is limited to one lottery ticket per sweepstakes period.
- Sweepstakes entry is based on redeeming credits, not on purchasing a lottery ticket.
4. Monthly Sweepstakes:
- A monthly draw will award one participant with a rent credit of up to $1,000 CAD. The winner will be notified via email, and the credit will be deposited into their platform account.
- This $1,000 CAD rent credit will only be available for withdrawal after the participant has maintained an active subscription for at least one month. The credit can then be used at the participant's discretion, including withdrawal to their linked bank account.
- The $1,000 CAD rent credit is only for the winner's use and is not transferable for other purposes beyond the intended rent payment.
5. Pre Launch and Year-End Grand Prize:
- At the end of the calendar year, a grand prize sweepstakes will take place, offering one participant the chance to receive a rent credit equivalent to up to one year's rent, with a maximum cap of $20,000 CAD.
- To qualify for the grand prize, participants must have entered at least three monthly sweepstakes during the year.
- The $20,000 CAD rent credit will be disbursed over the course of the year to help balance costs and ensure it is applied specifically toward rent payments. The credits will be deposited into the winner's platform account and can be withdrawn to their linked bank account as needed.
6. Credit Withdrawal:
- Credits won in the sweepstakes, including the monthly and grand prizes, will be deposited into the participant's platform account and can only be withdrawn to the linked bank account after fulfilling the subscription requirements (e.g., one month active subscription for monthly credits).
- Credits can only be converted to cash or used on the platform when the participant makes a purchase or enters into a lease agreement through the platform.
- Sweepstakes winnings and bonus credits are not applicable for ongoing monthly rent payments unless specified in the terms.
7. Consent for Publicity:
- By participating in the sweepstakes, participants agree to allow the company to use their name, likeness, and any provided images for promotional activities without additional compensation.
- The company reserves the right to publicly announce the winner and may require verification of identity and eligibility.
8. Assurance of Integrity:
- The sweepstakes and bonus credits offer are conducted with transparency and integrity, without profit for the company.
- The company reserves the right to modify, suspend, or cancel the sweepstakes at any time due to fraudulent activities, technical disruptions, or other factors beyond the company's control.
- All decisions made by the company regarding the sweepstakes and bonus credits offer are final and binding.
9. Limitation of Liability:
- The company is not responsible for any technical malfunctions, delays, or errors that may occur in the administration of the sweepstakes or bonus credits offer.
- By participating, participants release and hold harmless the company and its affiliates from any legal claims related to the sweepstakes or bonus credits offer.
By accessing or using My Quarters's platform, website located at (myquarters.ca), or mobile application ("Platform"), you acknowledge that you have read, understand, and agree to be bound by these Terms of Use and our Privacy Policy. These Terms of Use constitute a legally binding agreement between you and My Quarters Inc.
Welcome to My Quarters ("My Quarters," "we," "us," or "our"). The Platform offers a comprehensive suite of services designed to support both tenants and landlords. These services include, but are not limited to, rent reporting, property listings, credit reports, property marketing, listings, application and screening, tenant communication, digital lease execution, rental and utilities payment processing, credit building, rental guarantee insurance, rewards programs, integration with property management tools, partnerships with third-party service providers, and our unique Piggy Bank program. The Piggy Bank program allocates savings from our brokerage's operational efficiencies to help users save for future leasing and home purchases, ensuring that our users can achieve their housing goals while receiving the best possible prices.
By clicking “SIGN UP,” each User agrees to be bound by these terms of service (the “Agreement”). If a User is entering into this Agreement on behalf of a corporation or other legal entity, the User represents that they have the legal authority to bind such entity to this Agreement. These Services may be subject to additional terms and conditions. Your acceptance of these Terms of Use is a condition for using the Platform; if you do not agree, you are not authorized to use the Platform. You must be at least 18 years of age and capable of entering into legally binding agreements to use the Platform. My Quarters reserves the right to modify these Terms of Use and to limit the availability of our Services to any geographic area or jurisdiction at our sole discretion.
Definitions for My Quarters
When used in this Agreement, each of the following words and phrases shall have the meanings set out below:
a. Account Profile: Refers to a user's account created for unique identification on My Quarters's platform. b. Agreement: These Terms of Use, including related schedules and policies, as may be amended from time to time. c. Credit Card Payment: The use of the Services to make payments via credit card. d. Debit Card Payment: The use of the Services to make payments via Visa or MasterCard debit card. e. Bank Account Payment: The use of the Services to make payments via a checking/chequing bank account. f. Force Majeure: Any act, occurrence, condition, or event beyond the control of a party that materially affects the performance of that party's obligations under this Agreement and could not reasonably have been foreseen or provided against. g. Indemnified Parties: My Quarters and its subsidiaries, affiliates, officers, directors, agents, employees, consultants, customers, suppliers, and other representatives. h. Landlord: The person with whom a Tenant has a lease agreement under which the Services are used to facilitate payment. i. Lease: The written lease agreement between a User and Landlord. j. Linked Sites: Third-party websites or applications accessed through My Quarters's website. k. Payment: Refers to Credit Card Payment, Debit Card Payment, and Bank Account Payment. l. Payment Amount: The aggregate dollar value of a Payment exclusive of any Service Fee. m. Payment Processor: My Quarters's third-party payment processor. n. Recurring Payment: An automatic recurring payment processed monthly. o. Service Fee: The fee charged by My Quarters for using the Payment Service, stated in the onboarding process prior to the Payment being submitted. p. Services: The services offered through My Quarters's platform, which may include but are not limited to rent reporting, property listings, credit reports, property marketing, apartment listings, application and screening, tenant communication, digital lease execution, rental and utilities payment processing, credit building, rental guarantee insurance, rewards programs, integration with property management tools, and partnerships with third-party service providers. q. Third-Party Services: Services provided by third parties that users may access through My Quarters's platform. r. Users or User: Any user of My Quarters's Services, including tenants, landlords, and all authorized representatives, consultants, contractors, or agents. s. Company Parties: My Quarters, its affiliates, and their respective shareholders, successors, assigns, consultants, agents, contractors, and all officers, directors, employees, and independent contractors thereof. t. Website: The website located at www.myquarters.ca, and all related webpages.
Services and User Accounts
My Quarters Services
Subject to the terms of this Agreement, you may use My Quarters's Services in the following manner:
Manual Reporting: For property management firms and individual landlords, users may manually report rent payments. No rent splitting is available with this method.
Automated Payments: An alternative for individual landlords is that payments can be made via EFT, credit cards, and debit cards. Rent splitting is available via this method. Please note that payments are processed 4 days prior to the rent due date.
Upon successful payment, My Quarters will notify both the landlord and the user. It is the user's responsibility to ensure that their chosen payment method is acceptable to their landlord.
User Accounts and Services
Your Account: When you create an account on My Quarters, you are expected to provide accurate and current profile information. This account will be your primary interface with all My Quarters services. Any activities that occur under your account are your responsibility. If your account details change, it is your duty to update them in a timely manner. Failure to maintain accurate account information may lead to temporary or permanent suspension.
Eligibility: To use My Quarters's services, you must be an individual of legal age or a legally recognized entity, with the capacity to form binding contracts. Additionally, a valid Canadian mailing address is required. My Quarters reserves the right to verify eligibility and may terminate accounts that do not meet these requirements. By using our services, you agree to periodic eligibility verification. Failure to meet eligibility criteria may result in access restrictions.
Identity Authentication: By signing up for My Quarters, you authorize us to validate your identity. This may include checking third-party databases and other verification measures. My Quarters takes these steps to maintain a secure platform for all users. Failed identity validation could result in restricted access or account termination. We appreciate your cooperation in these necessary security protocols.
Platform as a Venue: My Quarters serves as a facilitative platform, connecting landlords with potential tenants. We are not a party to any rental agreement or transaction formed between users. Our role is strictly that of a platform provider, without any liability for the content or enforcement of rental agreements. Users are urged to conduct their due diligence before entering into transactions. Failure to adhere to the law in your rental transactions is your responsibility.
Rental Transactions and Agreements: The properties you find on My Quarters are independently owned and managed. My Quarters does not assume responsibility for rental agreements, financial transactions, or any other interactions between landlords and tenants. Users are solely accountable for the legality and enforceability of their agreements. My Quarters disclaims all liabilities arising from user interactions. Make sure to consult applicable laws to ensure your compliance.
Disclaimer: My Quarters cannot guarantee the enforceability or legality of any agreement made through its platform. It is the user's responsibility to consult legal advice to ensure that their agreements are lawful. My Quarters disclaims any liability for disputes arising from unenforceable agreements. Users are expected to be aware of all applicable municipal, provincial, and federal laws. Any misrepresentation on the platform could result in legal consequences.
Compliance with Government Investigations: While My Quarters itself is not a party to rental agreements, we may be compelled to provide transactional information to authorities for legal reasons. You consent to such disclosures upon registering your account. Failure to cooperate with such investigations may result in penalties or legal action. My Quarters fully cooperates with any legal requirements for information disclosure.
User Account and Login Credentials: Each My Quarters account is unique and you are responsible for maintaining its confidentiality. You should not share your login credentials. If you suspect unauthorized activity on your account, it is your responsibility to report it to My Quarters immediately. Failure to maintain secure login credentials could result in unauthorized access, for which My Quarters will not assume liability. My Quarters reserves the right to reset login credentials for security reasons.
Support and Service Level: My Quarters aims to offer continuous, reliable service and provides customer support during regular business hours. Although we strive for constant uptime, there may be periods of downtime for maintenance or emergencies. My Quarters will not be held liable for any losses incurred during these periods. Advanced notice for planned maintenance will be provided whenever possible.
Third-Party Services and Disclaimers: a. General Third-Party Liability Disclaimer: My Quarters may include links to third-party websites, for which we assume no responsibility. You acknowledge that interacting with third-party sites is at your own risk. My Quarters is not liable for the accuracy, reliability, or quality of third-party content. Users should exercise caution when clicking external links. b. Third-Party Credit Services: Any credit or financial services linked through My Quarters are provided by independent third parties. My Quarters neither endorses nor assumes responsibility for these services. Users should verify the credibility of third-party financial service providers. My Quarters disclaims liability for any issues arising from the use of third-party credit services.
Payments and Financial Responsibilities: a. Payment Processor: My Quarters uses a third-party processor for all financial transactions. We are not responsible for payment delays, errors, or failures caused by the third-party processor. Users should confirm all transaction details before finalizing payments. b. Service Fees: My Quarters charges a non-refundable service fee for each transaction, separate from the primary payment. Fees are collected at the time of the transaction and are not subject to refund. c. Taxes: Users are solely responsible for determining and fulfilling tax obligations related to their transactions. My Quarters does not handle tax collections or reporting. Failure to comply with tax laws can result in penalties, for which My Quarters assumes no responsibility.
Credit Score and Reports: Upon registration, you may consent to My Quarters obtaining your credit score and/or report. This information is used solely for validation and risk assessment. My Quarters maintains confidentiality as per our Privacy Policy. It is the user's responsibility to ensure the accuracy of credit-related information.
Acceptable Use: When using My Quarters, you must adhere to all applicable laws and ethical guidelines. Discriminatory, harmful, or fraudulent activities are strictly prohibited and could result in account termination. My Quarters expects all users to maintain a respectful environment and reserves the right to suspend accounts for unacceptable behavior.
Limited License: My Quarters grants users a limited, revocable, non-exclusive license to access and utilize the platform. This license is conditional on adherence to My Quarters’s terms and conditions. Failure to comply with these terms can result in the revocation of this license and subsequent legal action.
Unauthorized Use: Unauthorized uses of the Platform are strictly prohibited. Violation of this clause will result in immediate account termination and could subject the user to legal action. My Quarters reserves the right to monitor activity for unauthorized use. You agree to indemnify My Quarters against any claims or damages arising from unauthorized use of the platform. Unauthorized uses include but are not limited to: a. Removing any copyright, trademark, or other proprietary rights notices from the Platform. b. Using automated devices or manual processes to monitor or copy the Platform's content. c. Collecting, aggregating, copying, scraping, or displaying the Platform's content. d. Using framing techniques to enclose any portion of the Platform. e. Posting or transmitting false, fraudulent, or misleading information. f. Deep-linking to any portion of the Platform without express written permission. g. Modifying or creating derivative works from the Platform's content. h. Transmitting harmful or malicious software. i. Reverse engineering any part of the Platform. j. Selling, transferring, or licensing any portion of the Platform to third parties. k. Using the Platform for unauthorized advertising or spam. l. Infringing upon the rights of the Company or third parties. m. Adversely affecting the Platform's performance or functionality.
Equipment: Users are solely responsible for all equipment necessary to access My Quarters's services. This includes, but is not limited to, computers, smartphones, and internet connectivity. My Quarters will not be held liable for issues arising from inadequate or faulty equipment. You agree that lack of appropriate equipment will not be grounds for any claims against My Quarters. Any difficulties in accessing the platform due to equipment failure do not exempt users from the terms of this agreement.
No Reversals and No Refunds: Once a payment is made, My Quarters offers no reversals, refunds, or chargebacks. All transactions are final. This policy is in place to protect My Quarters from fraudulent activities and to ensure the integrity of our payment system. Users agree that they cannot seek reversals, refunds, or chargebacks unless explicitly allowed under specific conditions in this agreement.
Recurring Payments: You authorize My Quarters and our third-party vendors to initiate recurring debit and credit entries to your accounts. This authorization continues even after your account has been terminated, until all outstanding balances are paid. Failure to cancel recurring payments does not constitute grounds for a refund. You agree that My Quarters holds no liability for overdraft fees or other financial penalties that arise from these transactions.
Payment Limits: My Quarters may, at its sole discretion, impose limitations on payment amounts. You agree that these limits are acceptable and necessary to protect My Quarters from fraudulent activities or financial risk. Users are notified that limits may be changed without prior notice and agree to abide by these changes.
Insufficient Funds or Credit: Users are solely responsible for maintaining sufficient funds or credit to complete transactions. My Quarters is not liable for payments that are not completed due to insufficient funds. Failure to maintain sufficient funds or credit may result in account termination. You agree to indemnify My Quarters against any damages or claims arising from such failures.
Declined Service Fees: If service fees are declined, your account will be considered in arrears. Users are required to settle any outstanding service fees to maintain account functionality. Continued failure to meet this requirement may result in account suspension or termination. You agree that My Quarters is not responsible for any additional charges that may accrue due to declined service fees.
Default and Fraudulent Transactions: My Quarters reserves the right to terminate or limit user accounts in cases of fraudulent or suspicious activities. This is to protect both the integrity of the platform and other users. My Quarters also retains the right to seek legal action against users engaged in fraudulent activities. You agree to bear all legal costs arising from fraudulent use of your account.
Payments to Partners: Payments can only be made to approved building owners, landlords, and property managers. My Quarters does not facilitate payments to third-party vendors or unauthorized individuals. You agree that My Quarters is not liable for payments made to unauthorized or fraudulent accounts.
Linking: My Quarters may provide hyperlinks to third-party websites, but it does not endorse or take responsibility for the content on these websites. Users agree that My Quarters will not be held liable for any issues arising from the use of third-party links. Clicking on such links is done at the user's own risk.
No Advice: The platform offers information that is purely informational. My Quarters does not provide legal or professional advice, and the content should not be interpreted as such. You agree that My Quarters is not liable for any actions taken based on the information provided on the platform.
User Code of Conduct: Users are required to abide by My Quarters’s User Code of Conduct and all applicable laws. Failure to do so will result in account termination and may subject the user to legal penalties. You agree to indemnify My Quarters against any legal claims or damages arising from conduct that violates this clause.
Services Not Provided: My Quarters is not a transactional entity and does not provide leasing or legal advice. Users agree that any need for such services should be sought through appropriate channels. You acknowledge that My Quarters bears no liability for issues arising from transactions or professional services.
Third-Party Communications: My Quarters is not responsible for interactions or communications between users and third parties. You agree that any disputes with third parties are your sole responsibility and that My Quarters is indemnified against any related claims.
Third-Party Services: Any use of third-party services is at the user’s own risk. My Quarters disclaims all liability regarding third-party services. Users agree to hold My Quarters harmless from any issues arising from the use of third-party services.
Contractors: My Quarters may employ contractors for operational purposes. You agree that My Quarters is not liable for any actions or inactions by these contractors. Users recognize that contractors are not considered parties to this agreement and have no responsibility towards users.
Suspected Fraud: If My Quarters suspects that a user is engaging in fraudulent or illegal activities, the Services may be immediately terminated. You agree to fully cooperate with any investigations, including those by law enforcement agencies. My Quarters reserves the right to report suspected unlawful activities to administrative and law enforcement authorities. Failure to cooperate with any such investigations may result in immediate account termination and legal consequences. My Quarters is not liable for any loss or damage resulting from the suspension or termination of Services due to suspected fraud.
Intellectual Property and Proprietary Rights: The Services are protected by applicable intellectual property laws. Users have no right to transfer, assign, or sublicense any licensed rights granted by this Agreement. All proprietary notices or markings within the Services must remain intact. Removal or tampering with these notices constitutes a breach of this Agreement. You agree to indemnify My Quarters against any claims or damages arising from violation of this clause. All users are granted a limited, nontransferable license to access My Quarters’s platform content for personal and specific use related to My Quarters services. Redistribution or modification is prohibited.
Security and Electronic Communication: Unsecure Electronic Channels: You acknowledge and accept all risks associated with unsecure electronic communications between you and My Quarters, including the possibility of third-party interception or data loss. My Quarters implements security measures but does not guarantee complete security. Any user is responsible for their own security safeguards. Access to Account: You are responsible for ensuring that only you or individuals legally authorized to act on your behalf have access to your account. Notice of Unauthorized Use: You agree to notify My Quarters immediately upon becoming aware of any unauthorized use of the Services or your account.
Third-Party Links: My Quarters is not responsible for third-party content, products, or privacy policies. Use of such sites is at your own risk.
Contests and Promotions: My Quarters may occasionally offer contests, promotions, or similar activities. Specific rules will govern these activities and will be available either on the website or app. Participation in any such activities signifies acceptance of these rules. Failure to comply with these rules may result in disqualification from the activity. My Quarters reserves the right to alter or terminate any contests or promotions at its sole discretion.
User Content: User Content Defined: "User Content" refers to all content uploaded by a user to the platform, including but not limited to property data, financial information, and images. Responsibility for User Content: Users are solely responsible for their own User Content, and My Quarters does not independently evaluate or verify the same. User Content Details: You represent that all User Content provided is accurate, current, and does not infringe upon any third-party rights. Landlord Warranties: Landlords specifically warrant that they possess the necessary rights and authority to list properties on the Platform. Company License to User Content: By uploading User Content, you grant My Quarters a nonexclusive, irrevocable, royalty-free license to use such content for the operation of the platform. Right to Request Additional Information: My Quarters reserves the right to request additional information to verify a user's compliance with this Agreement. Failure to provide such information may result in account suspension or termination. You agree to comply promptly with any such requests from My Quarters. Right to Remove or Refuse Content: My Quarters has the full authority to remove or decline to post any User Content that violates the terms of this Agreement or for any other reason at its sole discretion. Removal of content does not exempt the user from any legal consequences for violations of this Agreement. You agree to abide by My Quarters's decision to remove or refuse content.
Privacy Policy: My Quarters is committed to protecting your personal information in accordance with PIPEDA and other relevant Canadian laws. Please refer to My Quarters's Privacy Policy at the given link for a comprehensive explanation. This Privacy Policy is an integral part of these Terms of Use. It outlines how we collect, store, and manage your data. Your continued use of the Services implies consent to our Privacy Policy.
User Account Security: You bear sole responsibility for maintaining the security of your IDs, passwords, PINs, and other access methods related to our Services. Ensure that your personal information, including email and street address, is current and accurate in your Account Profile. Failure to maintain adequate security measures may result in unauthorized access to your account and potential data breaches.
Indemnification and Release: You agree to indemnify My Quarters and its affiliates, officers, directors, agents, and employees from any claims, damages, or losses, including legal fees, arising from your use of our Services, breach of this Agreement, or violation of any third-party rights and claims against My Quarters arising from User Content, Third party Services and Disputes between users. Failure to comply with any part of this Agreement could result in legal repercussions. You understand that violating third-party rights could subject you to a separate legal action from the concerned third party, in addition to any action taken by My Quarters. My Quarters reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate fully in any defense of such claim by My Quarters. By agreeing to these terms, you also shield My Quarters from any third-party claims arising from your conduct or content.
Limitations of Liability: My Quarters, its affiliates, and officers shall not be liable for any indirect, consequential, special, or punitive damages arising from the use of our Services, even if My Quarters has been advised of the possibility of such damages. The limitations of liability extend to the fullest extent permitted by law. We aim to provide a valuable and secure service, but we cannot guarantee that all factors affecting your experience are within our control. No oral or written statement by any My Quarters representative shall create a warranty or increase the scope of this limitation of liability.
Cap on Liability: Our total liability to you shall not exceed the greater of $100 or the aggregate amount you've paid to My Quarters in fees over a one-month period. This cap on liability serves as a reasonable estimate of potential damages and is not a penalty. This cap is designed to protect My Quarters from undue financial burden while providing a level of restitution for the user. It applies regardless of the legal theory on which a claim is based. By using our Services, you acknowledge and agree to this limitation of liability.
Exclusions from Liability: The limitations set forth do not apply in cases of My Quarters’s gross negligence or willful misconduct. In such cases, My Quarters accepts liability as determined by applicable laws. However, this should not be construed as an admission of liability for less severe forms of negligence or other torts. You understand that allegations of gross negligence or willful misconduct require a higher burden of proof. In cases where such a burden is met, statutory or other legal limits may apply.
General Disclaimer: The Services are provided "as is" and "as available" without any express or implied warranties. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. My Quarters does not warrant that the Services will meet your requirements or that the quality of Services will meet your expectations. No My Quarters representative is authorized to make any modifications to this disclaimer.
No Warranty on Continuous Access: My Quarters does not guarantee that access to our Services will be uninterrupted, timely, secure, or error-free. Network conditions, maintenance, and other factors may affect availability. While we strive to provide a reliable service, interruptions may occur and are not considered breaches of this Agreement. My Quarters is not liable for any loss incurred due to an inability to access the Services.
Third-Party Interactions: My Quarters does not endorse and is not responsible for any third-party services or products recommended or made available through our Services. You should conduct your own due diligence before engaging with third-party services. My Quarters disclaims all liability with regard to your interactions and transactions with third parties. You agree that any disputes with third parties are your responsibility and not that of My Quarters.
Governing Law: This Agreement is governed by and interpreted in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict-of-laws principles. You agree that this choice of law is reasonable and consistent with your expectations. Any legal action against My Quarters must be initiated in Ontario.
Mandatory Arbitration: All disputes arising under or in relation to this Agreement shall be resolved exclusively through binding arbitration in Toronto, Ontario, in English. This arbitration agreement is intended to expedite resolution and reduce the costs of any disputes. My Quarters reserves the right to choose the arbitration organization and arbitrator, within reason. You waive your right to a jury trial by agreeing to arbitration.
Arbitrator’s Decision: The decision of the arbitrator shall be final and binding on all parties. It may be entered as a judgment in any court of competent jurisdiction. My Quarters reserves the right to seek judicial enforcement of the arbitrator's decision where applicable. Both parties agree that the arbitrator has the authority to grant all remedies available under this Agreement or applicable law.
Costs of Arbitration: Unless otherwise directed by the arbitrator, each party shall be responsible for its own costs and legal fees. My Quarters may seek to recover these costs if it prevails in the arbitration. The responsibility for costs shall not deter either party from seeking arbitration.
Exceptions to Arbitration: Despite the arbitration agreement, either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Ontario for matters related to intellectual property, confidential information, or any violation that would cause irreparable harm. This does not diminish your agreement to submit other disputes to arbitration.
Acceptance of Terms: By using My Quarters's Services, you acknowledge that you have read, understood, and agreed to these terms in their entirety. This Agreement serves as the entire understanding between you and My Quarters and supersedes any prior or contemporaneous agreements or understandings. Your use of the Services indicates your consent to all protections for My Quarters outlined in this Agreement.
Ownership and Use Restrictions: The Services are owned and operated by My Quarters. The Content, including but not limited to graphics, data, and software, is proprietary to My Quarters, its affiliates, and/or third-party licensors. This Content is fully protected under Canadian, United States, and international copyright and trademark laws. Unauthorized use, reproduction, or distribution of any Content is strictly prohibited. Any unauthorized use may result in legal action taken by My Quarters.
General Payment Terms: All payments made between users, including but not limited to tenants and landlords, are facilitated through the My Quarters platform. My Quarters only acts as a facilitator for these transactions and is not directly involved, thus it assumes no liability for the quality, safety, or legality of the services provided. By using My Quarters's payment system, you agree to indemnify My Quarters against any claims or liabilities arising from disputes between users. My Quarters is not responsible for verifying the quality or legality of transactions. Users must exercise their own due diligence during transactions.
Payment Obligations: Users are solely responsible for verifying the identity and eligibility of other users with whom they transact. My Quarters does not endorse any users and explicitly disclaims all liability related to user actions, fraudulent or otherwise. My Quarters is not a party to the transactions facilitated through its platform and therefore is not liable for the actions of any users. You agree to hold My Quarters harmless from any claims arising from your interactions with other users. Users must resolve disputes among themselves without involving My Quarters.
Third-Party Processors: Payments facilitated through My Quarters may be processed by third-party payment processors. My Quarters does not guarantee the security or performance of these third-party services and disclaims all liability for any issues arising from their use. Users are solely responsible for complying with the terms and conditions of these third-party processors. If you choose to use a third-party processor, you assume all risks associated with that choice. My Quarters does not collect or store payment information that is processed by third-party payment processors.
Data Security: My Quarters disclaims all liability for the security or performance of third-party payment processors. While My Quarters aims to integrate reputable third-party services, it is your responsibility to review their privacy policies and terms of service. My Quarters will not be liable for any breaches of data security by third-party providers. By using My Quarters's Services, you agree to hold My Quarters harmless for any data breaches or other security incidents arising from third-party services. Always exercise caution and follow security best practices when conducting transactions online.
Transaction Fee: My Quarters may impose transaction fees for certain services facilitated through its platform. These fees are disclosed at the time of the transaction and may be subject to change without prior notice. My Quarters is not responsible for any disputes arising from changes in these fees. Users are encouraged to review the applicable fees before completing a transaction. By using My Quarters's services, you agree to pay all applicable fees as disclosed.
Authorization: By using My Quarters's Services, you authorize My Quarters to charge applicable transaction fees, where appropriate. This authorization is an integral part of using My Quarters's platform. Failure to honor this authorization could result in the suspension or termination of your My Quarters account. My Quarters reserves the right to pursue legal action for any unauthorized chargebacks or disputes. Your authorization confirms your agreement to these terms.
Additional Fees: Landlords may impose additional fees for services rendered through My Quarters’s platform. These fees must be disclosed to tenants at the time of the transaction. My Quarters is not responsible for the setting, collection, or remittance of these additional fees. You agree to hold My Quarters harmless for any disputes arising from additional charges imposed by landlords. Landlords are solely responsible for complying with applicable laws related to these charges.
Responsibility: Landlords bear full responsibility for setting, collecting, and remitting additional fees in accordance with applicable laws and regulations. My Quarters is not a party to these additional fees and disclaims all liability for any issues arising from them. If you are a landlord, you are solely responsible for all legal and financial obligations associated with your charges. By offering additional services with charges through My Quarters's platform, landlords agree to indemnify My Quarters against any liabilities, claims, or disputes arising from these charges. My Quarters will not be involved in disputes between landlords and tenants over additional fees.
Changes to Agreement: My Quarters reserves the right to amend the terms of this Agreement at any time and at its sole discretion. Amendments are effective immediately upon posting on the platform. Users are notified via email or platform notifications. Continued use of the platform implies acceptance of the updated terms. This section is essential to allow My Quarters to adapt to changing conditions and ensure the continued provision of services.
Users right to discontinue use: If you disagree with any changes to this Agreement, your only option is to cease using My Quarters's services, thereby discharging My Quarters from any future obligations to you. Account deactivation can be completed through the platform's settings. Deactivation will end your right to use My Quarters's services but won't affect past transactions for which My Quarters will remain unliable.
Termination and Suspension: My Quarters reserves the right to terminate this Agreement or suspend a User's access to the platform for any reason, including but not limited to, breach of this Agreement. Suspensions or terminations may occur without prior notice at the sole discretion of My Quarters. Upon termination, My Quarters has no further obligations to the User, except as explicitly stated herein. This provision allows My Quarters to maintain the quality and integrity of the platform by removing disruptive or non-compliant users. Users who are terminated will not be entitled to any compensation or refunds.
Termination by Company: The Company may, at its sole discretion, terminate this Agreement or suspend User's access for any reason, including breach of this Agreement.
Termination by User: Users may terminate this Agreement by discontinuing use of My Quarters's services and canceling any active subscriptions. Termination by the User does not entitle them to refunds for any transaction fees or used services.
Post-Termination: Upon termination, all obligations and rights outlined in this Agreement shall continue to be in effect until they are fully performed or otherwise discharged.
Authority: By using My Quarters's platform, the User attests that they possess the legal authority to enter into this Agreement and to comply with all its terms. This clause safeguards My Quarters by ensuring that Users are capable and authorized to form legally binding contracts. Users found to be misrepresenting their authority are subject to immediate termination and legal action.
Entire Agreement: This Agreement represents the entire understanding and contract between the User and My Quarters. No other communications or representations are included. This clause ensures that My Quarters has full control over the terms that govern the platform and services, limiting the risk of informal or unwritten obligations.
Relationship: The relationship between My Quarters and the User is that of independent contractors. My Quarters is not liable for any commitments, actions, or liabilities undertaken by the User. This protects My Quarters from any form of employment or partnership liability claims from the User.
Assignment: Users are not permitted to assign or transfer their rights or obligations under this Agreement without the prior written consent of My Quarters. This ensures that My Quarters retains control over who is bound by this Agreement, safeguarding the platform's integrity and terms.
Waiver and Severability: Failure by My Quarters to enforce any provision of this Agreement does not constitute a waiver of future enforcement of that or any other provision. Invalidity or unenforceability of one or more provisions of this Agreement does not affect any other provision. This protects My Quarters by ensuring that a lapse in enforcement at any time does not compromise the full Agreement.
Notices: All notices should be in writing and are considered delivered when they are sent to the respective addresses provided during the account creation process. This provision defines the formal procedure for communication between My Quarters and Users, thereby safeguarding My Quarters's interests.
Force Majeure: My Quarters is not responsible for any failures in performance due to circumstances beyond its control, such as natural disasters, government actions, or network failures. This clause protects My Quarters from liability for events that are outside its control.
Survival: Provisions relating to intellectual property, indemnification, limitation of liability, and other terms that by their nature should survive the termination, shall continue in effect beyond any termination of this Agreement. This provision safeguards My Quarters's rights and obligations that are intended to have enduring effect.
Interpretation: Headings are solely for convenience and do not affect the interpretation of this Agreement. Words in the singular include the plural and vice versa. This provision ensures that minor discrepancies in phrasing do not affect the overall interpretation and enforceability of this Agreement, thereby safeguarding My Quarters's legal interests.
Sweepstakes and Bonus Credits Terms and Conditions
1. Eligibility Criteria:
- The sweepstakes and bonus credits offer are available to all registered users of the platform residing in Canada who are legally adults in their province or territory of residence.
- Participants must have linked their bank account to the platform and must be active subscribers for at least one month to qualify for any winnings or bonus credits.
2. Bonus Credits:
- Participants who subscribe to the platform are eligible to receive $1,000 CAD in bonus credits.
- These bonus credits will be locked during the first month of subscription and cannot be used or withdrawn.
- After maintaining an active subscription for one month, the $1,000 CAD in bonus credits will unlock and become available for use or withdrawal in the second month.
- Bonus credits can only be used towards purchases or leases on the platform and are not applicable for ongoing monthly rent payments.
- Bonus credits are subject to the platform's standard processing schedule for withdrawals.
3. Sweepstakes Mechanics:
- Participants can enter the monthly sweepstakes by paying their rent through the platform and redeeming a lottery ticket for 10 credits.
- Each participant is limited to one lottery ticket per sweepstakes period.
- Sweepstakes entry is based on redeeming credits, not on purchasing a lottery ticket.
4. Monthly Sweepstakes:
- A monthly draw will award one participant with a rent credit of up to $1,000 CAD. The winner will be notified via email, and the credit will be deposited into their platform account.
- This $1,000 CAD rent credit will only be available for withdrawal after the participant has maintained an active subscription for at least one month. The credit can then be used at the participant's discretion, including withdrawal to their linked bank account.
- The $1,000 CAD rent credit is only for the winner's use and is not transferable for other purposes beyond the intended rent payment.
5. Pre Launch and Year-End Grand Prize:
- At the end of the calendar year, a grand prize sweepstakes will take place, offering one participant the chance to receive a rent credit equivalent to up to one year's rent, with a maximum cap of $20,000 CAD.
- To qualify for the grand prize, participants must have entered at least three monthly sweepstakes during the year.
- The $20,000 CAD rent credit will be disbursed over the course of the year to help balance costs and ensure it is applied specifically toward rent payments. The credits will be deposited into the winner's platform account and can be withdrawn to their linked bank account as needed.
6. Credit Withdrawal:
- Credits won in the sweepstakes, including the monthly and grand prizes, will be deposited into the participant's platform account and can only be withdrawn to the linked bank account after fulfilling the subscription requirements (e.g., one month active subscription for monthly credits).
- Credits can only be converted to cash or used on the platform when the participant makes a purchase or enters into a lease agreement through the platform.
- Sweepstakes winnings and bonus credits are not applicable for ongoing monthly rent payments unless specified in the terms.
7. Consent for Publicity:
- By participating in the sweepstakes, participants agree to allow the company to use their name, likeness, and any provided images for promotional activities without additional compensation.
- The company reserves the right to publicly announce the winner and may require verification of identity and eligibility.
8. Assurance of Integrity:
- The sweepstakes and bonus credits offer are conducted with transparency and integrity, without profit for the company.
- The company reserves the right to modify, suspend, or cancel the sweepstakes at any time due to fraudulent activities, technical disruptions, or other factors beyond the company's control.
- All decisions made by the company regarding the sweepstakes and bonus credits offer are final and binding.
9. Limitation of Liability:
- The company is not responsible for any technical malfunctions, delays, or errors that may occur in the administration of the sweepstakes or bonus credits offer.
- By participating, participants release and hold harmless the company and its affiliates from any legal claims related to the sweepstakes or bonus credits offer.