Privacy Policy
Last update: May 8, 2021
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.silverhomes.ai (the “Site”).
The Privacy Policy aims to layout:
- The way your personal information is collected and processed. “Personal information” means any information that could identify you, such as your name, your mailing address, your email address, your location and your IP address;
- Your rights regarding your personal information;
- To whom the information is transmitted;
- If applicable, the website’s policy regarding policy.
1. Collection of Personal Information
1.1 Information needed to use Silver Homes services and platform.
We collect personal information about you when you use Silver Homes. Without it, we may not be able to provide you with all services requested. This information includes:
- Contact Information, Account, Profile Information. Such as your first name, last name, phone number, postal address, email address, date of birth, and profile photo, some of which will depend on the features you use.
- Identity Verification and Payment Information. Such as images of your government-issued ID (as permitted by applicable laws), your ID number or other verification information, bank account or payment account information.
- Specific to Landlords: Information to help us verify ownership of the property such as the Property Identification (PID) number to search the Land Title and Survey Authority (LTSA) System, mortgage statement and driver’s license.
- Specific to Tenants: income/proof of financial resources, credit report, employment information, current tenancy information, including landlord contact details and additional references contact details (i.e., first, and last name, email, phone number).
1.2 Information you choose to give us.
You can choose to provide us with additional personal information. This information may include:
- Additional Profile Information. Such as gender, preferred language(s), city, and personal description. Some of this information as indicated in your account settings is part of your public profile page and will be publicly visible.
- Other Information. Such as when you fill in a form, add information to your account, respond to surveys, post to community forums, participate in promotions, communicate with our customer care team and other platform users, or share your experience with us.
1.3 Personal Information We Collect from Third Parties:
We collect personal information from other sources, such as:
- Third-Party Services. If you link, connect, or log in to Silver Homes with a third-party service (e.g., Google, Facebook, LinkedIn), you direct the service to send us information such as your registration, friends list, and profile information is controlled by that service or as authorized by you via your privacy settings at that service.
- Background Information. To the extent permitted by applicable laws and with your consent where required, we may obtain the local version of police, background or registered sex offender checks. We may use your information, including your full name and date of birth, to obtain such reports.
- Referrals and other occupants. If you are invited to Silver Homes such as a co-occupant on a tenancy agreement, the person who invited you can submit personal information about you such as your email address or other contact information.
- Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as references, demographic data, or information to help detect fraud and safety issues from third-party service providers and/or partners and combine it with information we have about you. For example, we may receive background check results or fraud warnings from identity verification service providers for use in our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off Silver Homes, or about your experiences and interactions from our partners.
2. How Do We Use Your Personal Information?
2.1 Provide, Improve, and Develop Silver Homes services and platform.
- We use personal information to:
- enable you to access Silver Homes services and platform,
- make and receive payments,
- enable communication between tenants and landlords,
- perform analytics, debug, and conduct research,
- provide customer service,
- send you messages, updates, security alerts, and account notifications,
- if you provide us with your contacts’ information such as co-occupants, we may process this information: (i) to facilitate your referral invitations, (ii) to share your tenancy details, (iii) for fraud detection and prevention, and (iv) to facilitate your requests or for any other purpose you authorize,
- personalize and customize your experience based on your interactions with Silver Homes, your search and tenancy history, your profile information and preferences, and other content you submit, and
- enable your use of our enterprise products.
2.2 Create and Maintain a Trusted and Safer Environment.
We use personal information to:
- detect and prevent fraud, spam, abuse, security and safety incidents, and other harmful activity,
- study and combat discrimination consistent with our ‘Nondiscrimination Policy’,
- conduct security investigations and risk assessments,
- verify or authenticate information provided by you,
- conduct checks against databases and other information sources, including background or police checks,
- comply with our legal obligations, protect the health and well-being of our landlords, tenants, employees, and members of the public,
- resolve disputes with our users,
- enforce our agreements with third parties,
- comply with the law, respond to legal requests, prevent harm, and protect our rights,
- enforce our Terms and other policies (e.g., Nondiscrimination Policy), and
- in connection with the activities above, we may conduct profiling based on your interactions with Silver Homes, your profile information and other content you submit to Silver Homes, and information obtained from third parties. In limited cases, automated processes could restrict or suspend access to Silver Homes if such processes detect activity that we think poses a safety or other risk to Silver Homes, our community, or third parties. If you would like to challenge the decisioning based on the automated process, please contact us.
2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.
We may use personal information to:
- send you promotional messages, marketing, advertising, and other information based on your preferences and social media advertising through social media platforms,
- personalize, measure, and improve our advertising,
- administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Silver Homes or its third-party partners,
- analyze characteristics and preferences to send you promotional messages, marketing, advertising, and other information that we think might be of interest to you, and
- invite you to events and relevant opportunities.
2.4 Provide Payment services.
Personal information is used to enable or authorize third parties to use Payment Services:
- Detect and prevent money laundering, fraud, abuse, security incidents.
- Conduct security investigations and risk assessments.
- Comply with legal obligations (such as anti-money laundering regulations).
- Enforce the Payment Terms and other payment policies.
- With your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences.
- Provide and improve the Payment Services.
3. Sharing Your Personal Information
3.1 Sharing with Your Consent or at Your Direction.
Where you provide consent, we share your information as described at the time of consent, such as when authorizing a third-party application or website to access your Silver Homes account.
Where permissible with applicable law, we may use certain information about you, such as your email address, de-identify it, and share it with social media platforms, to generate leads, drive traffic to Silver Homes or otherwise promote our products and services.
3.2 Sharing Between Members.
To help facilitate bookings or other interactions between users, we may need to share certain information such as:
- When a property search request or a tenant request are made or dispute is submitted, certain information may be shared between landlords and tenants, including profile, name, names of any additional occupants, cancellation history, review information, age of tenant (unless prohibited by applicable law), dispute outcome (when applicable) and other information you choose to share and submit. When a new tenancy is confirmed, additional information is shared to assist with the lease agreement, like contact information. When you as a landlord have a confirmed tenancy request, certain information is shared with the tenant (and the additional occupants they invite, if applicable) to coordinate the tenancy agreement, such as your profile, full name, phone number, and listing address.
Terms of Service
Last update: May 24, 2021
Thank you for using Silver Homes!
These Terms of Service (“Terms”) are a binding legal agreement between you and Silver Homes that govern your use of the website, applications, and other offerings from Silver Homes (collectively, “Silver Homes”). When used in these Terms, “Silver Homes,” “we,” “us,” or “our” refers to the Silver Homes entity set out on Schedule 1 with whom you are contracting.
Silver Homes offers an online platform that enables users to publish, offer, search for, and rental services. Users who offer rental properties are “Landlords,” and users who search for properties are “Tenants.” You must register an account to access and use the features of Silver Homes and must keep your account information accurate. Silver Homes does not own, control, offer or manage any Property Listings. Silver Homes is not a party to the contracts concluded directly between Landlords and Tenants, nor is Silver Homes a real estate broker or insurer. Silver Homes is not acting as an agent in any capacity for any user, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Silver Homes’ role, see Section 12.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to users by the Silver Homes payment entities ("Silver Homes Payments").
Tenant Terms
1. Our Mission.
Silver Homes provides property management solutions designed to build greater trust between landlords and tenants. Through the power of advanced technologies, we seek to accelerate innovation in the real estate industry and establish greater transparency.
Silver Homes was founded by a group of Vancouver-based entrepreneurs and property owners who deeply understand the challenges around owning and managing investment properties.
Our mission is to bring simplicity, transparency, and insights into the industry and empower property owners and tenants to build trust and have better relationships.
2. Searching Property Listings on Silver Homes.
2.1 Tenant. As a tenant, Silver Homes offers you the opportunity to promote your tenant profile with our community of qualified landlords. It’s easy to create a tenant profile listing, and you are in control of how you manage it. In addition, Silver Homes anonymizes your information and actively promotes your profile on select rental marketplaces and social media to maximize exposure with landlords.
2.2 Fees. The cost of services is equivalent to 50% of the first month’s rent plus applicable taxes for the property you choose to rent. Silver Homes will charge a $500 non-refundable deposit at the start of the service and requires the rest of the fees upon successful signature of the tenancy agreement. If we cannot find you a property in the agreed timeframe or if you find a property before we do, you are not required to pay us the remaining balance.
2.3 Tenancy Agreement. When you receive the tenancy agreement confirmation, a contract (called a tenancy agreement in these Terms) is formed directly between you and the landlord. A tenancy agreement is a limited license to enter, occupy, and use the property. The cancellation policy and any other rules, standards, policies, or requirements identified in the property listing or during the tenancy agreement form part of your contract with the landlord. Be aware that some landlords work with a property manager or as part of a team to provide their services.
2.4 Accessing the Property. The landlord has the right to access the property to the extent: (i) it is reasonably necessary (e.g., emergency maintenance request), (ii) permitted by your contract with the landlord, and (iii) consistent with applicable law. Suppose you stay past your tenancy agreement term without written consent from the landlord. In that case, the landlord has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed occupants.
3. Your Responsibilities and Assumption of Risk.
3.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to a property rented under your name. For example, this means: (i) you are responsible for leaving a property (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect, and always comply with applicable laws. If there are occupants who are minors or if you bring a minor to the property, you must be legally authorized to act on behalf of the minor, and you are solely responsible for the supervision of that minor.
3.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of Silver Homes and any Content (as defined in Section 10), any interaction you have with other users from the Silver Homes community whether in person or online.
Landlord Terms
4. Listing Properties with Silver Homes.
4.1 Landlord. As a landlord, Silver Homes offers you the opportunity to promote your property listing with our community of qualified tenants. It’s easy to create a property listing and you are in control of how you manage your property —set the rent price, occupancy dates, and rules for each property listing. In addition, Silver Homes actively promotes your property listing on select rental marketplaces and social media to maximize exposure with tenants.
4.2 Contracting with Tenants. When you accept a tenancy request or receive a signed tenancy agreement through Silver Homes, you are entering into a contract directly with the tenant. You are responsible for fulfilling the terms of the tenancy agreement. You also agree to pay applicable fees (50% of a month’s rent, see 4.3) for a successful tenancy placement. Silver Homes will expect full payment of the fees after you indicate you want to enter a tenancy agreement with one of the qualified tenants Silver Homes presents to you. Any terms, policies, or conditions that you include in any supplemental contract with tenants must: (i) be consistent with these Terms, our policies, the information provided in your property listing, and (ii) be prominently disclosed in your property listing description.
4.3 Fees. Cost of services is equivalent to 50% of the first month’s rent plus applicable taxes for the property being rented if Silver Homes successfully finds you a tenant Silver Homes will charge a $500 non-refundable deposit at the start of the service and require the rest of the fees upon successful signature of the tenancy agreement. If we cannot find you a tenant in the agreed timeframe or if you find a tenant before we do, you are not required to pay us the remaining balance.
4.4 Independence of Landlords. Your relationship with Silver Homes is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Silver Homes. Silver Homes does not direct or control your property listing or tenancy agreement, and you agree that you have complete discretion on the terms agreed as part of your tenancy agreement with the tenant.
5. Managing Your Property Listing.
5.1 Creating and Managing Your Property Listing. Silver Homes provides tools that make it easy for you to set up and manage a property listing. Your property listing must include complete and accurate information about the property, rent price, other charges like security deposits, pet deposit, and any rules or requirements applicable to your tenant or property listing. You are responsible for keeping your property listing information (including occupancy availability) and content (like photos) up to date and accurate at all times. We recommend that you obtain appropriate insurance for your rental property and suggest you carefully review policy terms and conditions, including coverage details and exclusions. You may only maintain one property listing per unit.
5.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your property listing. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that limit the short-term rental of residential properties. Some jurisdictions require landlords to register, get a permit, or obtain a license before providing particular housing or rental services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the rental services you want to offer may be prohibited altogether. Some jurisdictions require that you register tenants who stay at your property. Some jurisdictions have laws that create tenancy rights for tenants and additional obligations for landlords. For example, some places have landlord-tenant, rent control, and eviction laws that may apply. Check your local rules to learn what restrictions apply to the rental services you plan to offer. Information we provide regarding legal requirements is for informational purposes only, and you should independently confirm your obligations. You are responsible for handling and using the tenants’ personal data and others in compliance with applicable privacy laws and these Terms, including our Privacy Policy. If you have questions about how local laws apply, you should always seek legal advice.
5.3 Search Ranking. The ranking of property listings in search results on Silver Homes depends on a variety of factors, including these main parameters:
Tenant search parameters (e.g. number of occupants, occupancy dates, rent price range),
Property listing characteristics (e.g. rent price, occupancy dates, number and quality of photos, reviews, type of unit, features and restrictions),
Landlord requirements (e.g. minimum or maximum occupants), and
Tenant preferences (e.g. saved property listings, location).
5.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your rental services. You are responsible for setting your rental price and establishing terms and conditions for your property listing. You must describe any and all charges in your property listing and may not collect any additional charges outside stimulated terms in the tenancy agreement. Do not encourage tenants to create third-party accounts, submit reviews, provide their contact information, or take other actions outside Silver Homes.
5.5 Listing Properties as a Property Manager. If you work with a property manager as part of a team. In that case, business, or other organization, the entity and each individual who participates in providing rental services is responsible and liable as a landlord under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Silver Homes to transfer a portion of your payout to a property manager or other landlords or to send payments to someone else, you must be authorized to do so and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
5.6 Your Assumption of Risk. You acknowledge that offering a rental property carries inherent risks and agree that you assume the entire risk arising out of your access to and use of Silver Homes, offering rental services, or any interaction you have with other users, whether in person or online. You agree that you have had the opportunity to investigate Silver Homes and any laws, rules, regulations, or obligations that may be applicable to your property listings and that you are not relying upon any statement of law made by Silver Homes.
6. Taxes.
6.1 Landlord Taxes. As a landlord, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable direct or other indirect taxes, occupancy taxes, income, or other taxes ("Taxes").
General Terms
7. Reviews.
After each tenancy agreement is completed, tenants and landlords will have an opportunity to review each other. Reviews must be accurate and may not contain any discriminatory, offensive, defamatory, or other languages. Reviews are not verified by Silver Homes for accuracy and may be incorrect or misleading.
8. Content.
Parts of Silver Homes enable you to provide feedback, text, photos, audio, video, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Silver Homes a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote Silver Homes, in any media or platform, known or unknown to date and in particular on the Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Silver Homes pays for the creation of Content or facilitates its creation, Silver Homes may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Silver Homes the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with Nondiscrimination Policy, which prohibits, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Silver Homes may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Silver Homes does not guarantee the accuracy or quality of translations, and users are responsible for confirming the accuracy of such translations.
9. Platform Rules.
9.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
Act with integrity and treat others with respect.
Do not lie, misrepresent something or someone, or pretend to be someone else.
Be polite and respectful when you communicate or interact with others.
Follow our Nondiscrimination Policy and do not discriminate against or harass others.
Do not scrape, hack, reverse engineer, compromise or impair Silver Homes’ website and platform.
Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact SilverHomes.
Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect Silver Homes’ platform or Content.
Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide Silver Homes’ services and platform.
Do not take any action that could damage or adversely affect the performance or proper functioning of Silver Homes’ platform.
Only use Silver Homes as authorized by these Terms or another agreement with us.
You may only use another user’s personal information as necessary to facilitate a transaction using Silver Homes as authorized by these Terms.
Do not use Silver Homes, our messaging tools, or users’ personal information to send commercial messages without their express consent.
You may use Content made available through Silver Homes solely as necessary to enable your use of Silver Homes as a tenant or landlord.
Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
Do not request, make or accept a tenancy request or any payment outside of Silver Homes to avoid paying fees, taxes or for any other reason.
Do not require or encourage tenants to open an account, leave a review, or otherwise interact with a third party website, application or service before, during or after a tenancy agreement, unless authorized by Silver Homes.
Do not engage in any practices that are intended to manipulate our search algorithm.
Do not use, copy, display, mirror or frame Silver Homes, any Content, any Silver Homes branding, or any page layout or design without our consent.
Honour your legal obligations.
Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
Read and follow our Terms, Policies and Standards.
Do not use the name, logo, branding, or trademarks of Silver Homes or others without permission.
Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifiers that may be confused with Silver Homes branding.
Do not offer or solicit prostitution or participate in or facilitate human trafficking.
9.2 Reporting Violations. If you believe that a user, property listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Silver Homes. In addition, if you believe that a user, property listing, or Content has violated these Terms, you should report your concerns to Silver Homes. If you reported an issue to local authorities, Silver Homes may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
9.3 Copyright Notifications. If you believe that Content on Silver Homes infringes copyrights, please notify us.
10. Termination, Suspension and other Measures.
10.1 Term. The agreement between you and Silver Homes reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
10.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Silver Homes may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Silver Homes may also terminate this agreement immediately and without prior notice and stop providing access to Silver Homes if (i) you materially breach these Terms or our Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Silver Homes, its users, or third parties (for example in the case of fraudulent behaviour of a user), or (iv) your account has been inactive for more than two years.
10.3 User Violations. If (i) you breach these Terms or our Policies, (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or Silver Homes otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Silver Homes, its users, or third parties, Silver Homes may:
suspend or limit your access to or use of Silver Homes and/or your account;
suspend or remove property listings, reviews, or other Content;
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Silver Homes, and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other users or third parties, or (iii) contravene applicable laws.
10.4 Legal Mandates. Silver Homes may take any action it determines is reasonably necessary to comply with applicable law or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 10.3.
10.5 Effect of Termination. If you are a landlord and terminate your Silver Homes account, any property listing(s) will be automatically cancelled, and potential leads will be notified. If you terminate your account as a tenant, any tenancy agreement(s) signed will remain active unless the landlord and tenant consent to cancel the tenancy agreement. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of Silver Homes has been limited, or your Silver Homes account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use Silver Homes through an account of another user.
10.6 Appeal. If Silver Homes takes any of the measures described in this Section 10, you may appeal such a decision by contacting our customer service.
11. Modification of these Terms.
Silver Homes may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on Silver Homes and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of Silver Homes will constitute acceptance of the revised Terms.
12. Silver Homes’ Role.
We offer a platform that enables users to publish, offer, search for, and request rental services. When users make or accept a tenancy agreement request, they are entering into a contract directly with each other. Silver Homes is not and does not become a party to or other participants in any contractual relationship between users. Silver Homes is not acting as an agent for any user except for where Silver Homes acts as a collection agent as provided in the Payments Terms.
While we work hard to ensure our users have great experiences using Silver Homes, we do not and cannot control the conduct or performance of tenants and landlords and do not guarantee (i) the existence, quality, safety, suitability, or legality of any property listings or (ii) the truth or accuracy of any property listings descriptions, reviews, or other Content provided by users. You acknowledge that Silver Homes has no general obligation to monitor the use of Silver Homes and verify information provided by our users but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve Silver Homes (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address user Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing property listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a user and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other users or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our customer service. Users agree to cooperate with and assist Silver Homes in good faith, and to provide Silver Homes with such information and take such actions as may be reasonably requested by Silver Homes with respect to any investigation undertaken by Silver Homes regarding the use or abuse of the services and platform.
13. User Accounts.
You must register an account to access and use many features of Silver Homes. Registration is only permitted for legal entities, partnerships and natural persons who are 19 years or older. You represent and warrant that you are not a person or entity barred from using Silver Homes under the laws of Canada, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Silver Homes if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Silver Homes Account unless such activities are not authorized by you, and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
14. Disclaimer.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any tenant, landlord, property listing, or third party, and we do not warrant that verification, identity or background checks conducted on users (if any) will identify past misconduct or prevent future misconduct. Any references to a user being "verified" (or similar language) indicate only that the user or Silver Homes has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure, which are beyond our control and can lead to interruptions in the availability of Silver Homes. Silver Homes may, temporarily and under consideration of the users’ legitimate interests (e.g., by providing prior notice), restrict the availability of Silver Homes or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of Silver Homes.
15. Liability.
Silver Homes is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents, Silver Homes’ liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Silver Homes in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Silver Homes is excluded.
16. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at Silver Homes’ option), indemnify, and hold Silver Homes harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies, (ii) your improper use of Silver Homes, (iii) your interaction with any user, signing of a tenancy agreement, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
17. Miscellaneous.
17.1 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Silver Homes and you pertaining to your access to or use of Silver Homes and supersede any and all prior oral or written understandings or agreements between Silver homes and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Silver Homes. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
17.2 No Waiver. Silver Homes’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
17.3 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Silver Homes’ prior written consent. Silver Homes may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this agreement at any time remains unaffected.
17.4 Notice. Unless specified otherwise, any notices or other communications to users permitted or required under this agreement will be provided electronically and given by Silver Homes via email, messaging service (including SMS and WeChat), or any other contact method we enable you to provide.
17.5 Google Terms. Some areas of Silver Homes implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
17.6 Silver Homes Content. Content made available through Silver Homes may be protected by copyright, trademark, and/or other laws of Canada. You acknowledge that all intellectual property rights for that Content are the exclusive property of Silver Homes and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through Silver Homes except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Silver Homes grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through Silver Homes and accessible to you, solely for your personal and non-commercial use.
17.7 Force Majeure. Silver Homes shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
17.8 Contact Us. If you have any questions about these Terms, please email us.