TERMS AND CONDITIONS
Last updated 29 November 2021.
DEFINITIONS
Showing – A reservation to access an Agent’s Property, as arranged and agreed to by an Agent/Agent and a Guest. A Showing Request becomes a Showing only after the Showing Request is accepted by an Agent.
Showing Request – A request from a Guest to access an Agent’s Property for a specified amount of time, possibly in exchange for a daily, weekly, monthly fee which is determined by the Agent and agreed to by the Guest upon submitting a Showing Request. An Agent can accept or decline a Showing Request at their sole and absolute discretion.
Showing Start Date – The first day of a Showing.
Cancellation – The revocation of a Showing Request and resulting Showing by a Guest or the revocation of acceptance of a Showing Request by an Agent resulting in the elimination of a Showing and no access to a Property.
JRTB Platform (Also: “Platform” “our Platform”)– the Website and proprietary technology owned by MPP Software Solutions Inc. that facilitates access to Agent’s Properties by Guests.
Guest – A Party that an Agent may invite to view the Agent’s Property using the Platform.
Listing – A Property’s profile on the Platform, including Property details, photos, availability, nightly/weekly/monthly Showing Fees.
MPP Software Solutions Inc. – the company that owns and operates the JRTB (Also: “us”)
Agent – The legal Agent or leaseholder of a Property that is listed on the Platform who may invite Guests to access their Property using the Platform.
Party (Also: “Parties”) – A Guest, an Agent, or both.
Property – The real property and personal property contents thereof which is owned or leased by an Agent and is detailed in a Listing on the Platform. A Guest accesses a Property only after an Agent invites the Guest to view their Listing, the Guest submits a Showing Request, the Agent accepts the Showing Request, and (when applicable) the Guest submits payment for the Showing.
Showing Period – The date(s) which a Guest Books a Property and has access to a Property, commencing with the Showing Start time and concluding with the final time of the Showing.
User – anyone who uses the Platform as either an Agent, a Guest, or both.
By using the JRTB platform, you hereby agree to the following Terms and Conditions, which are subject to change at any time at our sole discretion.
1. Guest Terms
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- Guests acknowledge that Agents and Owners have full and absolute discretion regarding accepting or declining Showing Requests. As such, Agents may decline a Showing request for any reason, with no explanation provided, with little or no notice to the Guest.
- Guests acknowledge that Showings are not guaranteed, and may be canceled by the Agent at any time, for any reason, with no explanation provided, with little or no notice to the Guest. Similarly, we may cancel a Showing at any time, for any reason, with no explanation provided, with little or no notice to the Guest and/or Host, and we may do so at our final and absolute discretion.
2. Agent Terms
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- A Property listing must accurately describe, display, and otherwise represent the Agent/Owner’s Property. Failure to accurately describe, display, and otherwise represent a Property may result in the suspension of an Agent’s account, or the Agent’s removal from the JRTB platform.
- Agents are solely responsible for the accuracy of their Property description(s) and Listing(s).
- It is the Agent’s responsibility to ensure accuracy of their Property Listing and to disclose any limitations, safety issues, or other information which may impact their Guests' safety or enjoyment of the Property. MPP Software Solutions Inc. does not validate, verify, or guarantee the accuracy of Property Listing information, nor the quality or safety of Properties posted by our
- Agents acknowledge that we may cancel a Showing at any time, for any reason, with no explanation provided, with little or no notice to the Guest and/or Host, and we may do so at our final and absolute discretion.
3. Insurance and Assumption of Liability
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- MPP Software Solutions Inc. does not provide any insurance for Properties or Showings made through our platform. It is the Agent’s sole responsibility to clearly stipulate in their Listing if any renter/tenant's insurance is required in order for Guests to View their It is also the Agent’s sole responsibility to verify any such insurance is valid and in place before any Guest arrives.
- It is the Agent’s sole responsibility to ensure sufficient insurance is in place to cover any damage caused to the Property during their Showing Period, or sufficient waiver of liability is in place to protect the Agent from litigation by the Owner. It is the Guest’s sole responsibility to report to the Agent and pay for any damage or loss to Property incurred during the Showing Period, regardless of the cause of any such damage or loss. This includes but is not limited to damage to the Property’s chattels and fixtures; furniture; artwork; décor; appliances; and personal items such as bedding, linens, towels, dishes, glassware, and other kitchen supplies. This also includes any water damage caused by overflowing sinks, toilets, showers, bath tubs; damage to windows or doors; soiling/staining of carpets; and scratches, scuffs, dents, or other damage to any item or surface on the Property.
- It is the Agent’s sole and explicit responsibility to approve only Guests who the Agent warrants that they personally know and trust. MPP Software Solutions Inc. does not provide a client matching service, and therefore it is the Agent’s sole responsibility to ensure all Guests are known, trusted
- All Agents and Guests hereby agree to indemnify and shall forever hold harmless MPP Software Solutions Inc., along with its agents, employees, contractors, shareholders, and affiliates, from any damage(s) or liability resulting from any Guest or Agent’s use of the Software and/or sharing and/or renting a Property through the Platform, including but not limited to damage, destruction, or loss of an Agent’s or Guest’s real and/or personal Property; failure of a Guest to complete their Showing and/or submit payment; and/or personal injury or death resulting, whether directly or indirectly, from the use or enjoyment of a Property that was made available on the Platform. All Agents and Guests explicitly acknowledge that their use of the Platform and/or Properties listed on the Platform is done “at your own risk” and MPP Software Solutions Inc. is not responsible for any loss, theft, damage, destruction, injury, death, any other consequence resulting from their use of the Platform and/or Properties listed on the Platform.
4. Subscription Payments & Cancelations
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- All Agents must pay for their subscription to access the Platform, as applicable, and consent to have the provided credit card charged for any and all subscription fees, Cancelation Fees, transaction fees, or other fees, as applicable.
5. Compliance with Regional Restrictions
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- It is the Agent’s responsibility to ensure all Guests are made aware of all applicable local laws, bylaws, legislation, and, where applicable, HOA rules, condo bylaws, and any other limitations regarding their ability to freely enjoy the Property during their Showing. It is the Agent’s responsibility to pay any fees, fines, or penalties assessed to them or their Property as a result of their Guest’s failure to adhere to binding rules, regulations, bylaws, and/or legislation. Agents may privately seek and recover the costs of these damages from the Guest, but MPP Software Solutions Inc. will not facilitate any portion of the fine payment or collection process for or on behalf of either
- Guests must comply with all local laws, bylaws, legislation, and, where applicable, HOA rules, condo bylaws, and any other limitations regarding their ability to freely enjoy the Property during their Showing.
- Guests must reimburse Agents for any fees, fines, or penalties assessed to the Agent or the Agent’s Property as a result of the Guest’s failure to adhere to binding rules, regulations, bylaws, and/or legislation.
6. Limitation of Liability
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- We do not warrant that use of the Platform will be uninterrupted or error-free. By using the Platform, all Users acknowledge and accept that technology in general is prone to bugs and flaws, and as such, Users acknowledge and accept that use of the platform may at times be slowed or interrupted with little or no notice to the User.
- The JRTB Platform is provided by the us and accepted by Guests, Agents, and all users on an “as is” basis. We shall not in any circumstances be liable for any general, special, incidental, or consequential damages, including but not limited to loss of production; loss of profits; loss of revenue; loss of data; or any other business or economic disadvantage suffered by any user(s) arising out of the use of the Platform or the inability to use or access the Platform for any reason, including but not limited to any system outage; power failure; server failure; Showing error; payment processing error; or technical issue such as broken link(s), page(s), or other feature(s).
- We do not warrant that use of the Platform will be uninterrupted or error-free. By using the Platform, all Users acknowledge and accept that technology in general is prone to bugs and flaws, and as such, Users acknowledge and accept that use of the platform may at times be slowed or interrupted with little or no notice to the User. Similarly, a User’s Showing Request(s), Showing(s), Cancellation Request(s), and other actions may fail to register and/or may be deleted from the system with little or no notice to the User.
- MPP Software Solutions Inc. does not validate, verify, or guarantee the accuracy of Property Listing information, nor the quality or safety of Properties posted by our Users.
7. Governing Law
7.1 These Terms and Conditions shall be enforced or construed according to the laws of the Province of Alberta. All Users agree that any dispute arising out of the use of the JRTB Estate Platform shall be decided by a court of competent jurisdiction in Calgary, Alberta.