Guest Agreement
This is an agreement between you, as the guest of a rental-stay listed on iStopOver, http://www.istopover.com (hereinafter, the “Site”), and the operator of this Site, iStopOver Inc., a Canadian corporation (hereafter referred to as “iStopOver” “we,” “us,” or “our”) (the “Agreement”). We provide a venue to you and other users in order to introduce Site users to each other for the purpose of arranging stays with one another (the “Service”). This Agreement supplements the Site Terms of Use and provides additional terms and conditions which you must accept before you can register as a Guest and communicate with any potential host user on the Site. By clicking the "I Accept" check box below, you acknowledge that you have read this Agreement, and that you understand and agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, click on the "Cancel" button and you will have no right to enter into a transaction for rental of a listed rental-stay with a user of this Site. If this Agreement is changed or modified, we will post on our Site a notice that revisions to this Agreement have been made or we may notify you via email or other means. Your continued use of this Site after any such changes or after explicitly accepting the new Agreement upon logging into the site shall constitute your consent to such changes.
1. Use of the Site and Services You represent and warrant that (i) you are at least 18 years of age, (ii) you will use this Site and our Services in accordance with this Agreement and the Site Terms of Use, (iii) you will only use this Site and our Services to make legitimate reservations for you or for another person for whom you are legally authorized to act, and (iv) all information supplied by you on this Site is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Site and our Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
2. No Identity Confirmation. We make no attempt to confirm any hosts’ purported identity, nor do we endorse persons who use our Services, whether as guests or hosts. We do not make any attempt to investigate or perform searches or background checks on any individuals using our Services. You are solely responsible for communicating directly with your host(s) regarding your rental-stay.
3. YOUR CONDUCT ON THIS SITE
3.1 Your Interactions with Users. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions and/or disputes between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
3.2 Release. By using the Site or Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from iStopOver or any of its affiliates or their respective shareholders, officers, directors, employees or agents. You hereby agree to release iStopOver and its affiliates and each of their respective directors, officers, shareholders, employees and agents from any and all manner of claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), liabilities, obligations, legal fees, costs, disbursements, equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your use of the Services or the communication or interaction with other users on the Site or your experience as a guest in connection with this Site.
3.3 Site Rules and Regulations. In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
(a) violate any local, provincial, state, provincial, federal or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, including but not limited to subleasing a rental-stay without the rights to do so;
(c ) "stalk" or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting as an iStopOver guest and host with one another;
(d) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
(e) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(f) use the Site to find a host and then complete the transaction offline in order to circumvent your obligation to pay for the Service;
(g) advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. We reserve the right to cancel a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
4. No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
5. PAYMENT
5.1 Fees.
Upon confirmation by you and the host of a booking of a listed rental-stay on our Site (the “Rental-stay ”), you will be charged the rental price agreed to between you and the host (the “Rental-stay Fee”) which will include our then-current service fee (“Service Fee”) as listed on the “Post A Listing” creation page of the Site. The Site will provide you with the ability to submit and confirm the terms agreed to between you and your host in respect of the Rental-stay including the final agreed upon Rental-stay Fee, the numbers of days of your stay and any other details provided regarding the Rental-stay.
5.2 Manner of Payment. Upon notification to us through the Site by you and your host of a confirmed booking, you will be required to provide your credit card information or pay through Paypal and will be charged the Rental-stay Fee at that time. Upon confirmation of your booking and payment of the Rental-stay Fee, we will provide you with a reservation code to present to your host upon arrival at the Rental-stay.
We will release the Rental-stay Fee less our Service Fee to your host one business day after you check in.
Under certain extraordinary circumstances, if a listing turns out to be fraudulent or is misstated, Guests may receive a refund in excess of the refund policy.
If there is a complaint from either party, notice must be given to iStopOver within 24 hours of check-in. iStopOver will mediate when necessary, and has the final say in all disputes.
5.3 Cancellation and Refunds. Your host may have a hold-back deposit / cancellation policy within the terms of your booking which will be adhered to by us within the payment process. You agree to pay any cancellation or change fees that you incur as agreed to between you and the host of the Rental-stay . If the reservation is cancelled by the host before the first date of your stay at the Rental-stay, upon notification to iStopOver, we will return the Rental-stay Fee to you in full. If you cancel the reservation before the first date of your stay at the Rental-stay, we will provide a refund to you less any non-refundable deposit, if applicable, as per the cancellation policy set forth in the posting on the Site. We will adhere to the cancellation policy as set forth in the Rental-stay listing and have no further responsibility regarding refunds, deposits or fees which vary from the terms set forth in the listing.
If you did not arrive at your Rental-stay, upon the host’s notice to us through the Site, we will refund the Rental-stay Fee to you minus any non-refundable deposit as per the terms of the listing.
Under certain extraordinary circumstances, if a listing turns out to be fraudulent or is misstated, Guests may receive a refund in excess of the refund policy.
If there is a complaint from either party, notice must be given to iStopOver within 24 hours of check-in. iStopOver will mediate when necessary, and has the final say in all disputes.
We will have no responsibility or liability to you whatsoever in connection with any dispute between you and your host regarding the Rental-stay Fee or otherwise in connection with your stay at the Rental-stay .
5.4 Privacy. Our privacy policy governs the handling, storage, and use of any information you submit to us, including credit card billing information. Please see our Privacy Policy located at which can be accessed via the link provided on the home page at www.istopover.com for further information on this policy.
6. Your Content. By submitting any content which shall include without limitation any rental-stay reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”) to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute, have distributed and promote your Submissions in any form, in all media now known or hereinafter created for the purpose of providing the Services. You represent and warrant that you have sufficient rights to grant us this license. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If you do not agree to these terms and conditions, please do not provide us with any Submissions. You are fully responsible for the content of your Submissions. You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, discriminatory, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that we may exercise our rights (e.g. use, publish, delete) to any content you submit without notice to you.
7. Third Party Content. In using our Services, you may be exposed to content and information from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content, including without limitation, profiles of other users of our Services.
8. PROPRIETARY RIGHTS
8.1 Our Intellectual Property. Any material or information on our Site (with the exception of Third-Party Content), including without limitation all text, data, design, source code, photos and images (“Our Content”) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. “iStopOver,” and “www.iStopOver.com,” are trademarks of iStopOver Inc. protected by federal and local laws; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.
8.2 Your Use of Our Intellectual Property. You may not modify, participate in the sale or transfer of, or create derivative works based on any of Our Content, in whole or in part. The use of Our Content on any other website, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without our prior written approval. You also may not, without our express written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
9. Termination. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and © bar your access to any of such files or Services. Upon termination we will promptly pay you any hosting fees held in escrow and due to you, less our Service Fee.
10. DISCLAIMER OF WARRANTIES
IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ISTOPOVER DOES NOT CHECK ANY GUEST, HOST, OR OTHER USER’S BACKGROUND OR RECORD. ISTOPOVER IS A REPUTATION-BASED SYSTEM. TAKE ADVANTAGE OF OTHER USER’S COMMENTS AND THIRD-PARTY REFERRALS ON HOSTS AND GUESTS. USE COMMON SENSE. BE AWARE AND BE SAFE. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; © ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN AGREEMENT.
11. LIMITS ON LIABILITY
11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING OUR SERVICES; © DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY GUEST, HOST, OR OTHER THIRD PARTIES ON OUR SERVICES; OR (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FROM INTERACTIONS WITH OTHER USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE. WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER AGREEMENT DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND POWER, INTERNET, AND EMAIL DISCONTINUITY. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAUNST US IS TO DISCONTINUE USING THE SITE AND SERVICES. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY OF OUR AFFILIATES TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE AND SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAIDTHROUGH THE USE OF THIS SERVICES IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.00 IN THE AGGREGATE.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR AGREEMENT EXCEED THE SUM OF ONE HUNDRED U.S. DOLLARS ($100).
11.3 THE FOREGOING LIMITATIONS SET FORTH IN THIS SECTION AND THE DISCLAIMERS SET FORTH IN SECTION 10 APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS, STRICT LIABILITY, BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM, PRODUCT LIABILITY OR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADE SECRET, TRADE-MARK OR OTHER INTELLECTUAL PROPERTY RIGHT.
12. INDEMNITY. You shall indemnify and hold us, our affiliates and respective shareholders, officers, directors, employees and agents harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Services or alleging facts or circumstances that, if true, could constitute your breach of any of the terms of this Agreement. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
We do not and cannot review all content posted to the Site by members, or by other users or travelers who may have posted on the Site a listing or review or guest book entry for any particular rental rental-stay , and we are not responsible for any such materials posted by such members, travelers or other users. All rental-stay listings on the Site are submitted by the member and are the responsibility of the member, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, rental-stay reviews, guest book entries, or any alleged breaches of contract on a member's part. If you are a member, by accepting these Terms, you agree to indemnify and hold the Site and any of our affiliates harmless against all costs, expenses and losses arising out of a claim relating to the content of your listing. You are solely responsible for keeping your rental-stay information up to date on the Site, including, but not limited to any and all representations about any property, its amenities, location, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective travelers have searched for specific special offers, dates, or types of properties. Members are solely responsible for ensuring the accuracy of any rental-stay descriptions.
13. Governing Law. This Agreement shall be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict-of-law principles. You and we agree to submit to the non-exclusive jurisdiction of a court located in Toronto, Ontario.
14. No Agency. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by this Agreement or your use of the Site or Service.
15. Miscellaneous. This Agreement contains the entire agreement, and supersede all prior and contemporaneous understandings between the parties. Our failure or delay in exercising any right, power or privilege under Agreement shall not operate as a waiver thereof. The invalidity or unenforceability of any of Agreement shall not affect the validity or enforceability of any other the terms contained herein, all of which shall remain in full force and effect. We may assign our rights and delegate our obligations under Agreement in whole or part to a third party. Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall survive any termination or expiration of this Agreement.
Please contact us at support@istopover.com with any questions regarding Agreement.
Your continued use of this Site and registration to use our Services is contingent upon your agreement to be bound by this Agreement.
