Terms & Conditions

These Terms form a legally binding agreement between you and MNPHA concerning your use of the manitobahelps.com website, including but not limited to, the Rent Relief Fund (RRF) application system (collectively, the “RRF Application System“).  These Terms are in addition to any other legal agreement that you enter into with MNPHA.

BY ACCESSING AND USING THE RRF APPLICATION SYSTEM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS SET OUT IN THESE TERMS AND CONDITIONS OF USE, YOU ARE PROHIBITED FROM ACCESSING AND USING THE RRF APPLICATION SYSTEM.

Terms

1. Access to and use of the RRF Application System. You agree that you will use the MNPHA Application System only for its intended purposes, namely to apply and qualify for funding through the RRF in the form of an interest-free loan (the “loan“).
2. RRF Application System Activity. You acknowledge that you are solely responsible for all activity and actions made through the RRF Application System.  It is your obligation to provide accurate information when utilizing the RRF Application System and to advise MNPHA immediately of any issues.
3. Limited License. In connection with the  RRF Application System, you are hereby granted a limited and non-exclusive, non-transferable right and license to access, view, download and print one copy of the information provided on the  RRF Application System for your own personal and non-commercial use. The information from the RRF Application System may not be reproduced, distributed, or published in any manner without MNPHA’s prior written consent.
4. Access to the RRF Application System. You agree that you will use the RRF Application System only for its intended purpose, namely to apply for a loan through the RRF.

You confirm that you are prohibited from and will not use the RRF Application System to do any of the following:

(i) engage in any action or activity that would negatively impact the operation of the RRF Application System; or

(ii) restrict or inhibit any other user from accessing or using the  RRF Application System; or

(iii) provide any false information to RRF staff or impersonate any person or entity; or

(iv) provide or post objectionable content; or

(v) use or post information, materials or documents that: (A) could infringe the intellectual property rights of any person; or (B) have been modified from their original source; or

(vi) post, transmit or otherwise make available or introduce into the RRF Application System any virus, trojan horse, spyware, worm or any other type of computer code intended to infect, control, damage, or hijack the operation of the RRF  Application System, information, source code, or any hardware, software, server or telecommunications equipment; or

(vii) use the RRF Application System to conduct any data collection activities of any kind (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the RRF Application System.

5. Additional Obligations. You will take all reasonable measures to ensure that accurate information is submitted through the RRF Application System, and that you will not:

(i) interfere with or disrupt the RRF Application System;

(ii) attempt to gain unauthorized access to the RRF Application System; or

(iii) use the RRF Application System in any manner whatsoever that could disrupt the normal flow of MNPHA business.

6. Funding Applications and Decisions. You must meet all funding application eligibility criteria when submitting an application to the RRF for funding.  Your application must be clear and complete.  There are inherent risks in communicating through electronic systems and neither MNPHA nor the RRF are responsible for any inability to submit an application or receive communications at any given time or for any system errors. You understand that all decisions reached by staff of the RRF in connection with any funding applications shall be final and binding.
7. Limitation of Liability. Neither MNPHA nor the RRF guarantees that the RRF Application System shall at all times be available and operating, and reserves the right to amend or remove certain features or functions in its sole discretion at any time.

You acknowledge and agree that neither MNPHA nor the RRF shall be liable to you, your heirs, successors, legal representatives or permitted assigns for your use of the RRF Application System or any inability to access or use the RRF Application System.  All uses are at your sole risk.

8. Indemnity. You agree to defend and hold harmless MNPHA and its affiliates, and their respective directors, officers, employees and agents from and against any and all liabilities, costs and expenses, including reasonable lawyer’s fees and disbursements arising from: (i) your use of the RRF Application System or the placement or transmission of any messages, information or other material through the RRF Application System; (ii) fraud or negligent acts or omissions by you in connection with your use of the RRF Application System; (iii) claims for infringement of intellectual property arising from the use of the RRF Application System by you; (iv) misuse of Trademarks (as that term is herein defined); and (v) claims of copyright infringement resulting from the use of the RRF Application System by you.
9. Termination and Modification. MNPHA reserves the right to update or amend the RRF Application System and these Terms from time to time. It is your obligation to review the RRF Application System and these Terms from time to time as they will be binding once posted. The RRF Application System may contain technical or other inaccuracies or typographical errors. Changes in new versions of the RRF Application System are to be covered by these Terms. Your use of the RRF Application System shall constitute your binding acceptance of any updates or amendments.

MNPHA may cease to operate the RRF Application System, remove or change any feature of its services, terminate or suspend user access to all or any part of the RRF Application System, all in its sole discretion and without notice.

10. Trademarks. The trademarks and logos (the “Trademarks“) used and displayed on the RRF Application System are registered and unregistered trademarks of MNPHA and others.  Nothing on the RRF Application System or these Terms should be construed as granting, by implication, or otherwise, any license or right to use any Trademarks displayed on the RRF Application System without the permission of the Trademark owner.  Trademarks may not be used in any way without the prior written permission of MNPHA.  MNPHA prohibits use of any MNPHA Trademarks as a “hotlink” to the RRF Application System without prior written permission of MNPHA.
11. Copyrights. The copyright in all material provided on the RRF Application System is held by MNPHA or by the original creator of the material.  Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of MNPHA or the copyright owner.  You also may not without prior written permission from MNPHA, “mirror” any material contained within the RRF Application System.
12. Equipment. You, at your own expense, shall obtain and maintain, and operate suitable equipment, communication devices, and services required to access the RRF Application System.  You must have, at a minimum, access to internet service and either an email address or phone number where you may be reached.
13. Privacy. MNPHA is committed to protecting your privacy and security. As part of these Terms, you agree to the collection, use and disclosure of your personal information as directly required to provide you with the services outlined in paragraph 1 of these Terms. The MNPHA Privacy Policy and its terms are incorporated into and form part of this agreement.  You agree that you have reviewed and understood the terms of the MNPHA Privacy Policy.
14. Disclaimer of Warranty: Limitation of Remedies. THE CONTENT, SERVICES, PRODUCTS AND MATERIALS ON THE RRF APPLICATION SYSTEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MNPHA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE RRF APPLICATION SYSTEM AND YOUR USE OF THE INTERNET.  IN NO EVENT SHALL MNPHA BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR INABILITY TO USE THE MNPHA APPLICATION SYSTEM FOR ANY REASON, OR FOR ANY LOSS OF USE OR DATA, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MNPHA APPLICATION SYSTEM IS AT YOUR SOLE RISK.
15. Governing Law. These Terms and your use of the RRF Application System are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable hereto.  The parties irrevocably attorn to the jurisdiction of the courts of the Province of Manitoba with respect to any dispute relating to the subject matter of these Terms.
16. Links to Third Party Sites. The RRF Application System may contain links to third party websites and content.  The linked sites are not under the control of MNPHA and MNPHA is not responsible for the contents of any such linked sites, which sites will be subject to third party terms, conditions and policies.  It is your responsibility to carefully review those terms, conditions and policies when visiting such linked sites or content.  No link to a third party site or content shall be deemed an endorsement from MNPHA.
17. Notice. Any consent, notice or report required or permitted to be given or made under these Terms by one party to the other party shall be in writing and delivered to the other party, for MNPHA at its address P.O. Box 70003 RPO Kenaston, Winnipeg, MB, R3P 0X6 or for you, at the address set out in the information provided by you through the RRF Application System.
18. Waiver and Severability. Any failure to enforce any of the provisions of these Terms will not be construed as a waiver of such provisions.  If any of the provisions of these Terms are held to be unlawful or otherwise ineffective by a court of competent jurisdiction, the remainder of the agreement shall remain in full force.
19. Remedies. In the event of your violation of these Terms, MNPHA shall be entitled, in addition to any other rights or remedies which it may have at law or in equity, to seek specific performance and/or injunctive relief.