TERMS AND CONDITIONS
Welcome to LuckRent!
LuckRent is owned and operated by LuckRent App Corporation.
These are the terms and conditions for:
• LuckRent App (Android and iOS version - Available on Google Play and App Store)
The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of LuckRent accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY SERVICE OR INFORMATION FROM THE PLATFORM.
1. ACCEPTANCE OF TERMS
By registering and using the platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the platform and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on the platform. You agree to be bound by any modification to this terms and conditions when you use LuckRent after any such modification is posted; it is therefore important that you review this agreement regularly.
You represent and warrant that your use of the platform does not violate any applicable law or regulation. LuckRent may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
The platform may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.
By registering and using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
The following types of users can register on the platform:
• DIY Landlord
• Property manager
• Client Landlord
By registering as a user on the platform and using the functionalities and services available on the platform, the user declares to accept the terms and conditions contained in this agreement.
In consideration of your use of the platform as a user, you represent that you are of legal age to form a binding contract under any applicable jurisdiction. You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on LuckRent and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, LuckRent reserves the right to suspend or terminate your account, remove your postings from the platform and refuse any and all current or future use of the service, at any time and without notice if LuckRent reasonably believes that you have violated any provision of these terms and conditions.
Users may share personal and business information through the Platform with other users. Any information that users share through the platform is the sole responsibility of the users themselves. Users are free to share information, but are responsible for the use of such information, its publication and disclosure. LuckRent is not responsible for the information posted and shared through the platform. The information you provide and post in connection with the properties you post through the platform may be visible to the general public.
By registering on the platform, users will need to be verified via email or SMS message. Luckrent will send a verification code to the user's phone or email. Once the user is verified with the verification code, the user must choose a password. The verification code may have an expiration time. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You are responsible for maintaining the confidentiality of your account information, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify LuckRent of any unauthorized use of your account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without LuckRent's prior authorization. LuckRent will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing LuckRent with your email address and phone number, you agree that we may use your email address to send you notifications, important communications about our services, news and special content. We may also use your email address and phone number to send you notifications via SMS messages, push notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, SMS messages or push notifications, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in emails or by replying with the word "STOP" to SMS messages. Users can select not to receive push notifications through their profile and account settings.
Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to LuckRent.
LuckRent reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if LuckRent believes that you have breached any of these terms, furnished LuckRent with false or misleading information, or interfered with use of the platform or the service by others.
The use of the platform is free of charge for the different types of users. DIY Landlord and Property Manager users who publish or manage 2 or more than 2 properties will be able to access the following tiered payment plans:
• Plan A at 2 units: $5.00 USD per month plus applicable taxes
• Plan B at 3 units: $9.00 USD per month plus applicable taxes
• Plan C from 4 to 15 units: $29.00 USD per month plus applicable taxes
• Plan Unlimited for 16 and more units: $99.00 USD per month plus applicable taxes
PROPERTY MANAGER PLANS
• Plan A at 2 units: $10.00 USD per month plus applicable taxes
• Plan B from 3 to 15 units: $49.00 USD per month plus applicable taxes
• Plan C from 16 to 60 units: $79.00 USD per month plus applicable taxes
• Plan Unlimited for 61 and more units: $139.00 USD per month plus applicable taxes
When a user places an order for a plan, the user agrees and declares to purchase the plan for the price advertised on the platform at the time of purchase. Please check the price and features of each plan before placing an order. Each plan includes access to optional pay-per-use services. Users will also be able to add and purchase add-ons to the plans. Please verify the features and pricing of the add-ons before placing an order.
When a user makes a purchase of a plan, LuckRent will send a confirmation email. This confirmation email will be produced automatically so that the user has confirmation of payment and plan initiation. If the user does not receive the confirmation email when purchasing the plan, it may have been sent to their spam folder.
LuckRent may cancel any plan sale and may change or discontinue plan availability at any time at its sole discretion. If a purchase for a plan is cancelled, any payment made will be refunded in full. This does not affect your statutory rights.
Plans are billed monthly and may include automatic recurring payments. You authorize LuckRent to renew your plan and to charge you on a periodic and progressive basis. The plan billing date is the date on which you purchase the plan and make your first payment. On the relevant billing date, you will automatically be charged for the relevant plan fee. The plan will remain active until you cancel it or we terminate it. You must cancel your plan before it renews to avoid the next billing period. We will bill you for the plan billing fee in the payment method you choose during registration and purchase of the plan.
Plans will automatically renew for an additional period unless cancelled prior to the next billing period. To cancel plans, users must submit a cancellation request through our contact information and the plan will be cancelled for the next billing period. If a plan is cancelled, the user will be able to continue to use the paid features of the platform corresponding to the plan until the next billing period where the plan and access to the paid features of the platform will be cancelled.
5. PAY-PER-USE SERVICES
LuckRent offers pay-per-use services. Some of these pay-per-use services are offered and performed through our platform and prices are displayed on the platform. Other pay-per-use services may be available through links to other third party platforms.
The pay-per-use services offered and performed through our platform are as follows:
• Estimate Market Rent
• Conduct Digital Inspection
• Remote ID Verification
• Sign Electronically
• Import Data
• Back up Data
These are services that are offered on the platform but are provided and performed through links to third party platforms:
• Rent Collection
• Rental Insurance
• Credit Report
By placing an order for a service, you offer to purchase the service for the price advertised and indicated on the platform at the time of purchase. Please check the features of the services properly before placing an order.
When a customer places an order for a service, LuckRent will send you an email in order to confirm the purchase and payment of the service. This confirmation email will be produced automatically so that the user has confirmation of their purchase and order details.
LuckRent may cancel any service and may change or discontinue the availability of services at any time at its sole discretion. If a service is cancelled, any payment made for the service will be refunded in full. This does not affect your statutory rights.
All new orders for pay-per-use services are considered separately and each is treated individually.
Payment for plans, add-ons and services will be made through Apple App Store or Google Play Store. The price of the plans, add-ons and services are shown in US dollars. The plans will be activated immediately after completing the payment process with the exception of the free plan which will be activated once the user registers on the platform. Payment for plans, add-ons and services will be charged to the credit/debit card immediately upon billing of the corresponding plan, add-on or service. Once the transaction is processed, we will send you an electronic receipt of the transaction to the email address you provide.
If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be loaded and processed.
Your payment details will be treated and safeguarded securely and for the sole purpose of processing the purchase of the plans and services. LuckRent reserves the right to engage any payment platform available on the market, which processes your data for the sole purpose of processing the purchase of the plans and services.
7. LICENSE TO USE THE PLATFORM
• Property listing
• Lease agreements
• Renter management
• Chat function
• Document vault and inventory record
• Ad platform to receive applications
• Tenant maintenance requests
• Bookkeeping and financial reports with export function
• Lease and other forms
LuckRent gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform provided to you by LuckRent as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by LuckRent, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the LuckRent platform or third parties.
LuckRent reserves the right to terminate your access immediately, with or without notice, and without liability to you, if LuckRent believes that you have violated any of these terms or interfered with the use of the platform or service by others.
Through the platform, LuckRent may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, LuckRent does not endorse, guarantee or commit its responsibility for the services and/or products marketed by these third parties, since the platform serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that refer advertising, assuming the obligation to verify and know the terms of the services offered by third parties. The default option for displaying ads will be non-personalized.
The properties posted by users on the platform are not offered or provided by LuckRent. LuckRent's services are limited to providing the platform for offering and posting such properties and facilitating the administration of such properties through the platform. LuckRent is in no way responsible for the properties offered by users on the platform. Property owners and property managers are solely and exclusively responsible for the properties they publish and manage through the platform and are solely and exclusively responsible for the rental contracts created and signed through the platform.
LuckRent is not a party to the rental agreements made through the platform and does not participate in any transactions made between users within the platform. The contracts that are created and signed through the platform are made exclusively between users. Users are solely and exclusively responsible for complying with the obligations included in the agreements made between users within the platform.
LuckRent is not responsible for damages to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of the communications established on the platform. Communications and relationships established between users as a result of any connection within the platform are the sole and exclusive responsibility of the users.
In the event that one or more users or any third party initiates any type of claim or legal action against another user or users, each and every user involved in such claims or actions exempt LuckRent from any liability.
By accessing the content available on the website and platform (blog), you accept personal responsibility for the results of the use of the information and content available on the website and platform. You agree that LuckRent does not guarantee the results of actions advised or not advised by LuckRent and the content available on the website and platform. LuckRent provides resources and content for informational purposes only. You acknowledge and agree that your ultimate success or failure to use the information and content available on the website and platform will be the result of your own efforts, your particular situation and a number of other circumstances beyond LuckRent's control.
As a general resource, we may provide information about the rights and obligations of landlords and tenants, and forms or template documents, including leases and other contracts, but we are not lawyers. We suggest that users consult their own legal counsel before entering into any agreements.
Please note that all general legal information and forms or template documents are provided as-is and without warranties of any kind, express or implied. We are not offering legal advice and we do not practice law. Please be aware that the information and forms may not be specific to your needs and do not constitute legal advice. You acknowledge that information and forms made available through our app may not reflect recent developments in the law, may not be complete, and may not be applicable to your jurisdiction. Since such information and forms are general in nature and may not apply to your specific circumstances, you should not act or refrain from acting based solely on such information or forms without first seeking advice from professional counsel qualified in the relevant subject matter and jurisdiction. Always check the appropriateness of any form in light of your state and local laws, court decisions, and statutory changes, and consult with your own legal counsel for advice and to ensure that the forms are used properly. It is important that you consult with your legal counsel if you have questions about how to fill out or use any forms. No claim can be made against us or any other party arising out of the use of the forms. Users use the forms at their own risk and agree to hold us harmless for such use. Any disputes arising from or related to any forms must be resolved outside LuckRent by the parties who used them.
Our forms are protected by copyright law. If you use our app, we grant you a limited, personal, non-exclusive, non-transferable license to use the form for your own internal business purposes. The forms, except as otherwise provided and to the extent permitted by applicable law, may not be modified, edited, copied, reproduced, reverse engineered, altered, enhanced or in any way exploited, except changes made during the process of filling them out for your authorized use. You may not remove any copyright notices from any form, and you may not sell, license, or redistribute the forms or any derivatives thereof.
10. THIRD-PARTY MATERIALS
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
All materials on LuckRent, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by LuckRent or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on LuckRent are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without LuckRent prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize LuckRent or any part of the material for any purpose other than its intended purposes is strictly prohibited.
12. COPYRIGHT INFRINGEMENT
LuckRent will respond to all inquiries, complaints and claims related to alleged infringement or violation of provisions contained in Canadian and international copyright and intellectual property laws and regulations. LuckRent respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the LuckRent platform infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:
• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that LuckRent can find it on the platform.
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
13. USER CONTENT
Some features of the platform may allow users to provide content and information. The user retains copyright or any rights they may have in the content they provide through the website. LuckRent is not responsible for the accuracy, safety or legality of the content posted on the platform by users. The user is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the platform, the user grants LuckRent a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce and modify the user's content for the sole purpose of displaying it through the platform and to the general public.
14. USER CONTENT REPRESENTATIONS AND WARRANTIES
LuckRent disclaims all liability in connection with user content. The user is solely responsible for the content and the consequences of providing content through the platform. By providing user content through the service, you affirm, represent and warrant that:
a) You are the creator and owner of the content you provide through the platform, or you have the necessary licenses, rights, consents and permissions to authorize LuckRent to publish and display your content through the platform.
b) Your user content, and the use of your user content as contemplated by these terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause LuckRent to violate any law or regulation.
c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) Your user content does not and will not contain hateful content, a threat of physical harm, or harassment.
15. USER CONTENT DISCLAIMER
16. CONFIDENTIALITY OF INFORMATION
The information provided by users through the platform, as well as personal data, property information and financial information, is confidential and will not be disclosed to unauthorized third parties. LuckRent undertakes to maintain the strictest confidentiality with respect to the information provided by users through the platform, warning, where appropriate, of this duty of confidentiality and secrecy to its employees, associates and any person who, by virtue of their position or relationship with the user must have access to such information.
LuckRent may not reproduce, modify, make public or disclose to third parties the information that users provide through the use of the platform without the prior written and express authorization of the user.
LuckRent undertakes to provide the necessary means to ensure that the information is not disclosed or transferred. LuckRent undertakes to adopt the same security measures that it would adopt with respect to its own confidential information, preventing its loss, theft or subtraction.
LuckRent undertakes, where appropriate, to warn of the existence of the duty of confidentiality to its employees, associates, and any person to whom it makes the information accessible, being responsible for the misuse they may make of confidential information.
17. PERSONAL DATA
18. PROHIBITED ACTIVITIES
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to LuckRent or licensed to the LuckRent by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:
• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the services for any purpose without our express written permission.
• "Frame", "mirror" or otherwise incorporate any part of the services into any other platforms or service without our prior written authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by LuckRent in connection with the services.
• Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
• Download any content unless it’s expressly made available for download by LuckRent.
19. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet LuckRent provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse LuckRent for any loss or damage caused as a result.
LuckRent will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, LuckRent excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to LuckRent and LuckRent shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
• Any incorrect or inaccurate information on the platform.
• The infringement by any person of any Intellectual property rights of any third party caused by their use of the platform or any product or service purchased through the platform.
• Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from LuckRent.
• All representations, warranties, conditions and other terms which but for this notice would have effect.
20. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by LuckRent for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify LuckRent from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the platform.
22. CHANGES AND TERMINATION
We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LuckRent without restriction.
24. INTEGRATION CLAUSE
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and LuckRent, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with the products and services offered through the platform or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. LuckRent may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform and purchase of products posted and offered through the listings available on the platform.
The courts of Canada shall have jurisdiction over any dispute, controversy or claim relating to LuckRent and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Canada.
26. FINAL PROVISIONS
These terms and conditions are governed by the laws of Canada. Use of LuckRent platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
27. CONTACT INFORMATION
If you have questions or concerns about these terms, the products or the service, please contact us through our contact page or via the contact information below:
LuckRent App Corporation.
Address: #250 - 997 Seymour Street, Vancouver, BC, Canada V6B 3M1