Stay Inc. - Terms of Service
UPDATED ON: October 23, 2021.
These Terms of Service, as amended from time to time (“Terms”) are a legally binding agreement between you and Stay Inc. (“Stay,” “we,” “us,” or “our” ) that govern your (“you” and/or “your”) use of the website, web app, mobile applications and other offerings from Stay Inc. (collectively, the “Stay Platform”).
The Stay Platform is designed to connect providers (“Hosts”) of short and long-term rentals (“Properties”), events and experiences (“Adventures”) and other services (collectively “Services”) with users (“Guests”) (and with Hosts, collectively, “Users”) who wish to book or use such Services. In order to use most services provided by Stay, you must register and create an account. You must keep your account up to date and accurate.
Stay does not own, control, or manage the Properties, Adventures, and/or Services listed by Hosts on the Stay Platform. Stay is not a party to any agreements or other instruments entered into between Hosts and Guests, nor is it acting as an agent or representative to any User.
If you Host, you are responsible for understanding and complying with all applicable laws, rules, regulations, orders and contracts with third parties that apply to your Services.
To access most of the features of the Stay Platform, Users must register and open an account. You must provide accurate and complete personal information, and in some cases may be required to provide information that enables us to verify your identity, such as a government issued photo ID or tax identification number. You agree and acknowledge that we may, but are not obligated to, provide your information to service providers to verify your identity or screen you against third party databases, and we may receive reports from public records about any past criminal behavior. You are responsible for keeping your account information up-to-date and accurate. You are responsible for keeping your credentials used to access your account secure at all times, and not share them with anyone else. You are responsible for all activity conducted through your account and must notify Stay immediately if you suspect that your credentials have been lost, stolen, or your account has been otherwise compromised. Only natural persons 18 years of age or older, partnerships, or legal entities may open an account with Stay.
You will receive communications related to your account activity from us using the email address or phone number you provide for your Stay account. You may also receive notices from us about promotions. You can change whether you want to receive these promotional notices through the settings.
1. Our Goal
Our goal is to provide a platform that connect Guests with exceptional Adventures and Services by providing access to quality Hosts and Properties.
Booking a Service.
2. Booking a Service
By completing a booking on the Stay Platform, you are agreeing to pay all charges and applicable fees related to your booking, as well as authorizing Stay to collect any security deposit which may be required. All information regarding charges, fees and security deposit is clearly identified during the checkout process. Upon your receipt of a booking confirmation, a contract is formed between you and the Host. This contract includes the terms of your booking, as well as any cancellation policy, rules, standards, and any other policies related to the booking and identified during checkout.
2.1 General Rules Related to Bookings.
Properties: When you enter into an agreement with the Host for the booking of a Property, you are being granted a limited license to occupy the property. Under certain circumstances where it is reasonably necessary, the Host may need to enter the Property. They have that right, to the extent provided in the contract you have agreed to with the Host, and in compliance with applicable law. Additionally, if you stay beyond the scheduled conclusion of your booking, the Host has the right to charge you reasonable fees or take actions, where necessary and in compliance with applicable law, to make you leave. You are responsible for knowing and complying with any rules related to the booking and Property.
Adventures: When you enter into a contract with a Host to use, participate in or attend an Adventure, you agree to pay all applicable fees, and that you and anyone you invite to join you, will abide by all applicable rules, restrictions and policies related to the Adventure. Any other persons you wish to join you must be included as additional guests during the booking process. You are responsible for informing the Host of any medical or physical conditions or any other circumstances that may impact the ability of your or your guests to participate in the Adventure.
2.2 Refunds and Booking Changes.
Refunds for cancellations are governed by the policy that applies to your specific situation. For example, if you have had a change of plans, typically the cancellation policy applicable to your booking will apply. However, if you have to cancel due to circumstances beyond your control, or your Host cancels your booking, you may be eligible for a partial or full refund under another refund policy. Our refund policy can be found here.
Any refunds or credits due to a User pursuant to the Terms and Stay Refund Policy will be initiated and remitted by Stay in accordance with these Terms. In the event that Stay is unable to process a refund immediately due to a Force Majeure Event, Stay will process the refund as soon as practicable. The timing for a User to receive a refund will depend on the method of payment (“Payment Method”), and the applicable payment system.
If you request a change to a booking through the Stay Platform or through customer service and the Host agrees to the modification, you and the Host accept any financial adjustments that result from modification, including additional fees, taxes, or other charges associated with the change.
3. Guest Payment Terms.
3.1 Identity Verification.
You agree to provide Stay with any information required to verify your identity. You further authorize Stay to provide your information to service providers to verify your identity or screen you against third-party databases, and to take steps to confirm your ownership of your email address and any accounts provided related to your Payment Method.
3.2 Payment Method Storage.
3.3 Payment Authorization.
By adding a Payment Method, you authorize Stay to charge your Payment Method(s) for all fees and other amounts owing or otherwise due related to your activity and use of the Stay Platform.
3.4 Booking Charges.
Stay will charge the total price of your booking once it has been accepted either automatically by the platform or manually by the Host. Stay may offer other options for payment which may incur additional fees, in which case such fees will be disclosed at checkout. Use of the alternate payment option will constitute acceptance of such fees.
3.5 Right to Refuse.
Stay and/or its third-party payment providers reserve the right to refuse to process a payment at its sole discretion without limitation, including if it believes the transaction may be fraudulent, unlawful, or otherwise pose a risk to Stay or others.
3.6 Fees related to Payment Methods.
You may incur fees related to your Payment Method that are charged by third party payment providers of your Payment Method. Stay has not control over, nor is it responsible for these fees. It is your responsibility to understand the terms and fees associated with your Payment Method prior to adding it to your Stay account.
3.7 Payment Errors.
Stay is not responsible for losses incurred by you due to incorrect information provided by you when adding a Payment Method.
3.8 Stay as a collection Agent.
You acknowledge and agree that, by accepting your payments for any Services offered by a Host, Stay is acting as a payment collection agent for the Host, and once Stay has received your payment, your obligation to pay the Host is extinguished. Stay is responsible for remitting the funds to the Host, and the only recourse of the Host for any unpaid funds is against Stay.
3.9 Long Term Bookings.
For long-term bookings of twenty-eight (28) nights or more, Stay may allow a Guest to make incremental payments (“Recurring Payments”) toward the full cost of the booking including the nightly rate, any cleaning or other service fees, plus applicable taxes (“Total Charges”) rather than paying the entire lump sum amount in advance. If applicable to a booking, further information regarding Recurring Payments will be provided during the checkout process. In the event the option to use Recurring Payments applies to a booking, the guest authorizes Stay to collect the Total Charges due according to the frequency and amount provided at checkout.
You may request to stop a Recurring Payment by contacting Stay (3) business days before the date of the next scheduled payment. If the request is made verbally by contacting the Stay Support Centre, we may require you to provide the request in writing within (10) business days after the date of the verbal request. If such request is made and the request is not received in writing within the noted time frame, Stay may not stop future Recurring Payments related to the booking.
4. Personal Responsibility and Liability.
When using the Stay Platform, and when using or participating in any Host Services including Adventures or Properties, you are solely responsible for your behaviour, as well as the behaviour of any additional guests you bring with you. Your responsibilities include, but are not limited to, being respectful of others, showing due care and diligence in maintaining the Property, and complying with all applicable laws, rules, orders and regulations. If you bring a guest who is a minor, you must be legally authorized to act on behalf of that minor and you are solely responsible for supervising the minor.
4.1 Your Assumption of Risk, Waiver of Liability and Indemnity.
You hereby irrevocably represent, warrant, acknowledge and agree that you are at least eighteen (18) years of age, and have been sufficiently informed of the foreseeable risks to your personal safety, including the foreseeable risks to the personal safety any guests and minor child in respect of whom you enter into these Terms on behalf of, relating to, arising from, or associated with your/their participation in any Property, Adventure and/or Service accessed through the Stay Platform. You, on behalf of yourself and any guests and minor children in respect of whom you enter into these Terms on behalf of, irrevocably acknowledge and agree that many Properties, Adventures and/or Services accessed through the Stay Platform carry inherent and unforeseeable risks that cannot be avoided and agree that, to the maximum extent permitted by applicable law, you, on behalf of yourself and any guests and minor children in respect of whom you enter into these Terms on behalf of, assume all and any risk arising out of your and their use of the Stay Platform, including any Property, Adventure and/or Service accessed through the Stay Platform, and for your and their interactions with other Users on the Stay Platform, whether in person or online. It is your sole responsibility to determine whether a Property, Adventure or Service accessed through the Stay Platform is appropriate for you and any guests or minor children in respect of whom you enter into these Terms on behalf of. You, on behalf of yourself and any guests or minor children in respect of whom you enter into these Terms on, hereby irrevocably acknowledge and agree that you have had the opportunity to investigate the Stay Platform and have independently verified any applicable laws, rules, regulations, or obligations that may be applicable to your and any guests and minor child in respect of whom you enter into these Terms on behalf of participation in any Property, Adventure and/or Services accessed through the Stay Platform, and that you are not relying upon any representations or warranties made by Stay.
You, on behalf of yourself and any guests and minor children in respect of whom you enter into these Terms on behalf of, hereby irrevocably waive, release and forever discharge Stay (including its affiliates, subsidiaries and related entities, and each of their respective owners, directors, officers, employees, personnel, representatives, agents and advisors, and any of their applicable heirs, administrators, trustees, executors, successors and assigns (the “Stay Group”) of and from any and all claims, costs, damages, liabilities, demands, actions or rights of action of whatever kind or nature, in law or in equity, arising from or by reason of you participation in any Property, Adventure or Service accessed through the Stay Platform, including, but not limited to, any and all liability for injury, death, damage, costs or loss (financial, economic, to property or otherwise) sustained as a result of your (including your guests and any minor children) participation in any Property, Adventure or Service accessed through the Stay Platform.
You, on behalf of yourself, and any guests and minor children in respect of whom you enter into these Terms on behalf of (including yours and theirs respective heirs, administrators, trustees, executors, successors and permitted assigns) hereby agree to, jointly and severally, indemnify and hold harmless each member of the Stay Group from and against any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities (including the costs of all attorneys and professional advisors fees), directly or indirectly, incurred, arising out of, or in any way related to your (including your guests and any minor children in respect of whom you enter into these Terms on behalf of) participation in any Property, Adventure or Service accessed through the Stay Platform.
5. Hosting on Stay.
When you sign up as a Host with Stay, you gain access to entrepreneurial tools such as the ability to list your Property and/or Adventure, making it available to our database of potential Guests.
5.1 Contract Obligations.
When you enroll on the Stay Platform, you agree to abide by all of our terms and policies, including payment of any applicable fees associated with the use of our platform and services. When a Guest books your Property or Adventure, you are entering into a contract directly with that Guest and agreeing to provide the Property or Adventure according to the terms and price specified in your listing. Fees related to a booking will be deducted from your payout. If you include any additional terms, conditions or policies in your contract with the Guest, they must be prominently displayed in the listing, and must be consistent with our terms, policies, and the information in your listing.
5.2 Independent Contractor.
The relationship between you and Stay is that of an independent contractor. Nothing in this agreement should be construed as creating a partnership, joint venture or agency relationship between you and Stay except to the extent that Stay may act as a collection agent on your behalf.
6. Managing Your Listings.
One of the tools available to you on the Stay Platform is the ability to list a Property or Adventure. It’s your responsibility to ensure that all of the details around your listing are accurate and up-to-date, including cleaning fees, security deposits, rules and restrictions, as well as the description and images of the Property or Adventure, and that your service complies with all of our applicable terms and policies. You may only have one listing per location, unless one location has multiple Properties. Although we are not responsible for ensuring you have insurance, we do recommend that you obtain appropriate insurance based on the services you provide.
6.1 Your Legal Obligations.
As a Host using the Stay Platform, you have an obligation to ensure that your activities comply with all rules, regulations, laws, and contractual obligations related to your activities, Property, and listings. Some examples of these are:
- Condominium association rules
- Your lease, if you don’t own the property you’re listing
- Local laws related to short and long term rentals
- Special taxes, such as the MAT (Municipal Accommodation Tax)
- Privacy laws (such as those that apply to use of Guest data)
- Stay Policies, Terms, and standards
If you’re unsure of your obligations, you should seek legal advice.
6.2 Listing Promotion.
As a Host, you may have the option, for a fee, to increase your visibility by having your property featured or ranked higher in a Guest search.
6.3 Your Responsibilities.
You are solely responsible and liable for your own actions, and those of any party you permit to assist you in maintaining your listings or providing Services. You are responsible for ensuring that your listings are up-to-date and accurate, and clearly list any fees, charges, taxes and security deposits related to your listings. You are also responsible for clearly stating any rules and regulations related to your listing, and for ensuring that they comply with our terms and policies, including our Off-Platform Policy which can be found here.
6.4 Your Assumption of Risk, Waiver of Liability and Indemnity.
You hereby irrevocably represent, warrant, acknowledge and agree that you are at least eighteen (18) years of age, and have been sufficiently informed of the foreseeable risks to your personal safety relating to, arising from, or associated with your hosting of Guests at your Properties, Adventures, or other Services accessed through the Stay Platform. You hereby irrevocably acknowledge and agree that hosting Guests at your Properties, Adventures, or other Services accessed through the Stay Platform carries inherent and unforeseeable risks that cannot be avoided and agree that, to the maximum extent permitted by applicable law, you assume all and any risk arising out of: (i) your access to and use of the Stay Platform, (ii) offering Properties, Adventures and/or other Services accessed through the Stay Platform; and (iii) your interactions with other Users on the Stay Platform, whether in person or online. You hereby irrevocably acknowledge and agree that you have had the opportunity to investigate the Stay Platform and have independently verified any applicable laws, rules, regulations, or obligations that may be applicable to your listing of any Property, Adventure and/or Services accessed through the Stay Platform, and that you are not relying upon any representations or warranties made by Stay.
You hereby irrevocably waive, release and forever discharge Stay (including its affiliates, subsidiaries and related entities, and each of their respective owners, directors, officers, employees, representatives, agents and advisors, and any of their applicable heirs, administrators, trustees, executors, successors and assigns (the “Stay Group”) of and from any and all claims, costs, damages, liabilities, demands, actions or rights of action of whatever kind or nature, in law or in equity, arising from or by reason of your listing or participation in any Property, Adventure or Service accessed through the Stay Platform, including, but not limited to, any and all liability for injury, death, damage, costs or loss (financial, economic, to property or otherwise) sustained as a result of your listing or participation in any Property, Adventure or Service accessed through the Stay Platform.
You, on behalf of yourself, and on behalf of your heirs, administrators, trustees, executors, successors and permitted assigns, hereby agree to, jointly and severally, indemnify and hold harmless each member of the Stay Group from and against any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities (including the costs of all attorneys and professional advisors fees), directly or indirectly, incurred, arising out of, or in any way related to your listing or participation in any Property, Adventure or Service accessed through the Stay Platform.
Cancellations and Booking Changes.
Generally, if a Guest cancels a reservation, the cancellation policy that you have associated with your listing will apply. As a host, you should not cancel on a Guest without a valid reason under our Unforeseen Events Policy or applicable law. If you cancel a confirmed booking without a valid reason, we may impose a cancellation fee and depending on the circumstances you may be subject to other consequences. If a cancellation results from a Guest experiencing a Booking Issue as defined in the Stay Refund Policy, or a cancellation under Section 12 of this agreement, or due to an Unforeseen Event (as defined under the Unforeseen Events Policy), we will reduce your payout by the amount of any refund plus any other reasonable costs we incur due to the cancellation. If the total of these costs exceeds your payout, Stay may recover that amount from you, including by offsetting those costs against your future payouts. We may delay issuing a payout for a booking if we have reason to believe that we will be issuing a refund related to that booking. In situations where the Stay Refund Policy, Unforeseen Events Policy, and these allow for the cancellation of a booking and/or the issuance of a refund to a Guest, you agree that said policies and these Terms will override the cancellation policy that you have set in your listing. If you Host Adventures, please note that the Adventure Cancellation Policy, Stay Refund Policy and different cancellation fees and consequences apply to those bookings. Refer to the policies for details.
7.2 Booking Changes.
If a Guest requests a booking change through the Stay Platform or through customer service and you agree to the modification, you and the Guest accept any financial adjustments caused by the modification, including additional fees, taxes, or other charges associated with the change.
8. Host Payouts
8.1 Payment Collection.
Stay will charge the total price of a booking once it has been accepted, either automatically by the platform or manually by you as the Host.
8.2 Adding a Payout Method.
To receive a payout for your hosting activities (“Payout”) on the Stay Platform, you must have a valid account where you can receive a Payout (“Payout Method”) associated with your Stay account. When adding a Payout method, you will be required to provide information which enables us to verify your identity, including a government issued identification, as well as account information for the Payout Method. You hereby authorize Stay or its payment processor to store this information to process future transactions. You can change Payout Methods at any time through your Stay account. Stay may share your information as may be required by applicable law.
8.3 Timing of Payouts.
Payouts will generally be initiated:
- Within 24 hours of check-in time for Properties (and every 30 days for long-term stays)
- Within 24 hours after the start time of an Adventure
- As noted on the Stay Platform for other services
8.4 Calculation of Payouts.
For each successful booking, the Payout due will be calculated by deducting applicable fees such as Stay services fees plus taxes from the total price paid by the Guest. In the event a booking is cancelled, your Payout, if any, will be based on the applicable cancellation policy.
8.5 Payout Holds and Payment Authorizations.
You hereby authorize Stay to collect any amounts owed by you for fees, taxes, commissions, refunds, reimbursements for costs related to recovering delinquent funds, penalties or any other charges related to your activity on the Stay Platform, through your Payout or Payment Method, or by withholding the funds from future Payouts. Stay reserves the right to withhold processing of a Payout under certain circumstances, such as reasonable belief that a Guest may be requesting a refund, due to suspicion of fraudulent activity, or due to issues arising from a Force Majeure Event (as defined below).
8.6 Payout Limits.
Stay reserves the right to split large Payouts over multiple days as may be required due to processing regulatory, or operational limits.
8.7 Fees related to Payout Methods.
You may incur fees related to your Payout Method that are charged by third party payment providers of your Payout Method. Stay has not control over, nor is it responsible for these fees. It is your responsibility to understand the terms and fees associated with your Payout Method prior to adding it to your Stay account.
8.8 Liability for Losses.
Stay is not responsible for losses incurred by you due to incorrect information provided by you related to your Payout Method.
8.9 Appointment of Stay as Limited Collection Agent.
You hereby irrevocably appoint Stay as your payment collection agent for the purpose of collecting funds from Guests on your behalf.
You acknowledge and agree that the payments made by the Guest to Stay on your behalf are considered to be as though the Guest has paid you directly, and once Stay has received their payment the Guests obligation to pay is extinguished. Stay is not responsible for any errors or omissions on behalf of the Host, such as failure to price a Property correctly. Stay is obligated to pay you only such funds it successfully receives from the Guest. You acknowledge and agree that Stay may be required to provide refunds to Guests in accordance with the Terms.
You acknowledge and agree that you are solely responsible for understanding and fulfilling any tax obligations required pursuant to applicable laws in your jurisdiction and otherwise related to your activity as a Host or Guest on the Stay Platform.
9.1 Quebec Sales Tax.
In the event that the Quebec Sales Tax is applicable to any transaction with Guests or Hosts, the transaction amount and the amount of Québec Sales Tax payable will be clearly displayed. If the QST is applicable and no such information is displayed, then the fees will be deemed to be inclusive of the QST. Stay may not issue a VAT invoice related to these taxes.
The opportunity to review other Users will be available after each Service has been provided. Reviews must be accurate and must abide by our Content Policy which can be found here. You acknowledge and agree that Stay does not verify reviews for accuracy and as a result some reviews may be incorrect or misleading.
User fees charged by Stay to Hosts and Guests can be found on the User Fees page. User fees are non-refundable unless otherwise stated. Any changes to these fees will be provided in advance, and will apply only to bookings made after the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 17.2.
13. Payment Errors.
In the event of an error resulting in an incorrect payment or payout to you, you hereby authorize Stay to credit or debit your Payment or Payout method, or offset future Payouts as is required to correct the error. If Stay is unable to recover funds that you have received in error by debiting your Payment or Payout method, you agree to immediately return such funds to Stay.
14. Delinquent Accounts.
In the event that 365 days have elapsed since any amount owing by you to Stay became payable and has been uncollectable, Stay may initiate collection efforts to collect from you.
By accepting these terms and using the Stay Platform, you explicitly agree that all communications regarding these uncollected amounts will be made by e-mail or phone, by Stay or by a third-party acting on behalf of Stay
15. Damage Claims and Security Deposits.
In the event that a claim or complaint for damages is made against you by another User, you hereby irrevocably agree to pay the full amount of such damages (including any other amounts associated with the claim or complaint, including applicable fees, costs and expenses), and further hereby irrevocably authorize and agree that Stay shall recover the full amount of such damages, as collection agent in accordance with Section 3.9 and Section 8.9, by charging the active Payment Method you have on file with Stay. You further irrevocably agree that Stay may seek to recover the full amount of such damages (including any other amounts associated with the claim or complaint, including applicable fees, costs and expenses), from any other alternative method(s) that may be available, including but not limited to such policies of insurance that may exist in favour of a Guest or a Host, as applicable.
16. Stay Platform Rules.
When using the Stay Platform, you must adhere to the following rules:
- You must not:
- attempt to reverse engineer, hack, scrape, or in any way impair the Stay Platform and its software;
- use any automated means to collect data or content from the Stay Platform;
- take any action that could adversely affect or damage the proper functioning of the Stay Platform;
- misrepresent yourself, anything or anyone;
- discriminate against or harass other Users;
- use any content from the Stay Platform without the permission of the owner;
perform financial transactions with any other User outside of the Stay Platform,
- except as permitted under the Off-Platform Policy;
require or entice a User to open an account, leave a review, or use a third-party
- application or service without authorization from Stay;
- use Stays logo, branding or trademarks without permission;
- use an account for sending or receiving payments which you are not authorized to use;
- attempt to use the payment services for any unlawful purpose, or any purpose not permitted by these Terms.
- You must:
- be respectful of others;
- abide by these Terms and all Stay Policies and standards;
- understand and abide by all applicable laws that apply to you including privacy, data protection, antispam and export laws;
- only use another User’s personal information as necessary to complete a transaction as authorized by these Terms.
16.1 Obligation to Report.
You should immediately report any suspected unlawful or dangerous behavior by a Stay User to local authorities. In the latter case, Stay may request a copy of the report, but we are not obligated to take any action in response to the report. If you believe that any content on the Stay Platform infringes copyrights, please notify us immediately by sending an email to email@example.com with your contact information and the location of the content in question.
17. Term, Termination and Suspension.
The agreement between you and Stay reflected by these Terms becomes effective when you create an account and remains in effect until either you or we terminate the agreement in accordance with these Terms.
You have the right to terminate this agreement at any time by deleting your account. If you do not use or access your account for 18 months, Stay may deactivate your account without notifying you. You acknowledge and agree that Stay has the right to terminate this agreement and your account at any time for any reason upon 30 days notice, or as otherwise required by applicable law, such notice to be provided using the contact information you have provided. We may also terminate this agreement and deactivate your account in accordance with section 17.3 of this agreement.
Your account may be suspended if (i) you breach these Terms or any other terms, policies, or standards included by reference, or (ii) you violate applicable laws or regulations, or (iii) Stay believes it is reasonably necessary to protect Stay, its Users, or third parties. If we suspend your account, any pending or confirmed bookings will be cancelled and all content, listings, and reviews related to your account will be removed.
Depending on the severity of the violation, you may be given an opportunity to resolve the issue through the Stay Support Center. Any payouts for bookings cancelled by Stay under this section 17.3 will be reduced by any Guest refunds or other reasonable costs incurred by Stay resulting from this action.
17.4 Right of Appeal.
You have the right to appeal any measure taken by stay under Sections 17.2 and 17.3 of this agreement by contacting the Stay Support Center.
17.5 Compliance with the Law.
Stay 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.
17.6 Effect of Termination.
If you terminate your Stay account, any bookings related to your account will be automatically cancelled. Guests who terminate their account resulting in a cancelled booking will receive a refund based on the cancellation policy associated with the booking. If your account has been suspended or cancelled by Stay, you may not open another account on the Stay platform, or use the account of another User. If this agreement has been terminated for any reason, we are not obligated to restore your account or any associated content.
Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 27.
19. Stay’s Role.
Stay provides a platform to entrepreneurs which enables them to offer their products and services to potential customers. Stay has the right, but not the obligation, to monitor activity on the Stay Platform, and to approve or deny access to any User, disable an existing User, remove or edit content published by Users, and verify information published on the Stay Platform. We have the right, but not the obligation, to require and enforce Users’ compliance with these Terms and any other terms, policies, standards and guidelines incorporated by reference, and will interpret and apply them to each situation at our sole discretion. Users agree to co-operate and act in good faith when assisting Stay in the investigation of any alleged abuse of the Stay Platform. Unless otherwise stated, Stay is not acting as an agent of any User.
20. Changes to these Terms.
Stay reserves the right to make modifications to these Terms at any time. The most up-to-date Terms can be found on the Stay Platform and will be marked with the date of the last revision. You will be notified of any material changes to the terms at least 30 days before they become effective, or as otherwise required by applicable law. You have the right to terminate your account at any time as provided in these Terms. If you continue to use the Stay Platform after the effective date of the updated Terms, you will be deemed to have accepted the updated Terms.
21. Filing a Claim.
A User that wishes to file a complaint seeking monetary compensation against another User may submit to Stay’s Support Center any evidence supporting their claim. The accused User will have an opportunity to respond. If the responding User agrees to pay, or Stay determines, in its sole discretion, that the complaint against the responding User is valid and the request for compensation should be granted, Stay may collect the funds required from the responding User. You agree that Stay may use any remedies available under applicable law to recover such funds, including through any insurance policies you maintain. You agree to cooperate with Stay by providing any information or taking any reasonable action we request in connection with any complaint opened by or against you.
22. Disclaimer of Warranties.
You specifically acknowledge and agree that your use of the Stay Platform, including any Properties, Adventures, and/or Services listed or accessed through the Stay Platform (and any related content provided) is solely and entirely at your own risk and that the Stay Platform, including any Properties, Adventures, and/or Services listed or accessed through the Stay Platform (and any related content provided) are provided “AS IS”, “AS AVAILABLE” and “WITH ALL FAULTS” without representations or warranties of any kind, either express or implied. The Stay Group expressly disclaims all warranties and conditions of any kind, statutory, express or implied, including but not limited to, any implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose or use, and any warranties arising from a course of dealing, usage or trade practice.
The Stay Group does not warrant and accepts no liability that your use of the Stay Platform, including any Properties, Adventures, and/or Services listed or accessed through the Stay Platform (and any related content provided) will be complete, adequate, timely, accurate, uninterrupted, error-free or secure, or that the Stay Platform (and any related content provided) as hosted are free of viruses, worms, malicious code, Trojan horses, malware or other harmful components. The Stay Group does not warrant and accepts no liability for any software downloaded from, or uses as a component of the Stay Platform (and any related content provided). No opinion, advice or statement of the Stay Group, whether provided through the Stay Platform (and any related content provided), or otherwise, shall create any warranty. The Stay Group further disclaims all warranties that the Stay Platform, including any Properties, Adventures, and/or Services listed or accessed through the Stay Platform (and any related content provided) will meet your requirements, and the Stay Group does not does not make any guarantee or warranty as to any results that may be obtained from the use of, in connection with, or in full or partial reliance upon the Stay Platform, including any Properties, Adventures, and/or Services listed or accessed through the Stay Platform (and any related content provided).
Notwithstanding Stay’s appointment as the limited payment collection agent of Hosts pursuant to Section 8.9, Stay expressly disclaims all liability for any act or omission of any User or other third party. Stay does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
If we choose to conduct identity verification on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
The foregoing disclaimers apply to the maximum extent permitted by applicable law and shall survive the termination or expiration of these Terms and your use of the Stay Platform. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
23. Limitations on Liability.
You irrevocably acknowledge and agree that Stay Inc., and any other entity or third party involved in creating, producing or delivering the Stay Platform (and any related content provided), are not responsible or liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary, punitive, reliance or other damages under any contract, negligence, strict liability, equity or other legal theory arising out of or relating in any way to: (i) these Terms; (ii) the use of the Stay Platform including any Properties, Adventures, and/or Services listed or accessed through the Stay Platform (and any related content provided), including, but not limited to any content provided by outside contributors; (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Stay Platform; or (iv) publishing or booking of a listing, including the provision or use of Services, for any lost profits, diminution of value, loss of use or other economic advantage or loss of data, whether such damage is foreseeable or not and whether or not the Stay Group has been advised of the possibility of such loss or damage and notwithstanding the failure of essential purpose of any limited remedy. For avoidance of doubt, damages arising under Section 19 *Indemnification” (including, but not limited to, damages to which a party is entitled to indemnification under such section that such party suffers in connection with third party claims for indirect, special, incidental or consequential damages) are deemed to be direct damages of the indemnified party. Your sole remedy for dissatisfaction with the Stay Platform is to stop using it.
You irrevocably acknowledge and agree that, without limiting the generality of the foregoing, in no event shall Stay’s total aggregate liability to you for any damages, losses, causes of action – whether in contract, equity, tort or otherwise, exceed (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability; (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred Canadian dollars (CAD$100).
These limitations of liability and damages are fundamental elements of the agreement between you and Stay. The commencement of any action or proceeding on any claim regarding the Stay Platform must be brought by you within one (1) year from when the claim arose. The foregoing limitation shall not apply to actions brought against you for indemnification.
You hereby agree to indemnify, defend and hold harmless the Stay Group, from and against any and all claims (including, but not limited to, third party claims), liabilities, damages, losses, costs and other expenses (including reasonable attorneys’ and professional advisors’ fees), incurred as a result of or from, associated with, arising out of, or in any way whatsoever connected with: (i) your (and any guests and minor children in respect of whom you enter into these Terms on behalf of) breach of these Terms, including all representations, warranties, covenants, agreements, and obligations set out herein (including, but not limited to any additional terms, policies, standards or guidelines applicable to the Stay Platform, (ii) your (and any guests and minor children in respect of whom you enter into these Terms on behalf of) improper use of the Stay Platform, including use of the Stay Platform in any way other than its normal way, or in a way not required or recommended by Stay, (iii) your interaction with any User, stay at a Property, participation in an Adventure, or use of any other Service (including, without limitation without limitation any injuries, losses or damages (whether incidental, consequential, special, exemplary, punitive, reliance or other damages) 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 any and all applicable taxes as required by law, or (v) any actual or alleged breach of any laws, rules, orders, regulations or third party rights (including but not limited to the intellectual property rights of third parties, or privacy rights). This indemnification obligation shall survive this Agreement and your use of the Stay Platform.
25. Canada Governing Law and Venue.
These Terms are governed under the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. You agree that any judicial proceeding, suit or other action relating to or arising under these Terms or the Stay Platform will be commenced only in a court of competent jurisdiction located in the City of Toronto, in the Province of Ontario. You consent to the personal and exclusive jurisdiction of such court and waive the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or forum non convenience, or to otherwise seek a change of venue. You agree to waive the right to trial by jury in any action that takes place relating to or arising under these Terms or the Stay Platform. You also agree to waive the right to file a class action claim relating to or arising under these Terms or the Stay Platform.
26. Canada Dispute Resolution and Arbitration Agreement.
The arbitration agreement and class action waiver in this Section do not apply to any legal proceeding brought against Stay by a resident of and in the Province of Quebec.
26.1 Dispute Resolution Process Overview.
The first step in attempting to resolve the dispute will be through Stays Support Center. If all efforts to reach a resolution through the Support Center are unsuccessful, the parties shall proceed to mandatory mediation and then (if mandatory mediation is unsuccessful in resolving the dispute) to binding arbitration as administered by the Canadian Arbitration Association.
This Arbitration Agreement only applies to you if your country of residence or establishment is Canada. If your country of residence or establishment is not Canada, and you nevertheless attempt to bring any legal claim against Stay in Canada, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 26 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
26.3 Dispute Resolution Through Support Center.
The first step in the dispute resolution process is to contact Stays Support Centre. If an issue cannot be resolved through the standard Support Centre process, you and Stay each agree to send a notice of dispute, containing the party’s name, contact information, description of the dispute and requested relief, to the other party at least 30 days prior to initiating an arbitration, and during that period to attempt to negotiate in good faith an informal resolution. Notice, if to Stay, must be sent to Stays agent for service: Stay Inc., 73 Richmond St W., Toronto, ON. Stay will send its notice of dispute to the email address associated with your Stay account. If the parties are unable to resolve the dispute within the 30-day period, either party may then commence arbitration by delivering a Notice of Arbitration, available at https://canadianarbitrationassociation.ca/) to both the opposing party and the CAA as specified in the CAA Rules (available at https://canadianarbitrationassociation.ca/).
26.4 Arbitration Agreement.
If any dispute occurs between you and Stay relating to the application, interpretation, implementation or validity of these Terms, you and Stay mutually agree to seek to resolve the dispute or controversy through mediation with Canadian Arbitration Association. Nothing herein shall preclude any Party from seeking injunctive relief from the Ontario Superior Court of Justice in the event that the Party perceives that without such injunctive relief, serious harm may be done to the party. Any Party to the dispute may serve notice on the others of its desire to resolve a particular dispute by mediation. The mediator shall be appointed by agreement between the Parties or, if the Parties cannot agree within five days after receipt of the notice of intention to mediate, the mediator will be appointed by Canadian Arbitration Association. The mediation will be held at Toronto, Ontario. The Parties agree to negotiate in good faith and make best efforts to resolve their dispute at mediation. The costs of the mediator shall be shared equally by the Parties. If the dispute has not been resolved within thirty days of the notice of desire to mediate, any Party may terminate the mediation and proceed to arbitration as set out below.
26.5 Arbitration Rules and Governing Law.
Subject to the mediation provisions set out above, if any dispute or controversy occurs between the Parties relating to the interpretation or implementation of any of the provisions of this Agreement, the dispute will be resolved by arbitration at Canadian Arbitration Association pursuant to the general Canadian Arbitration Association Rules for Arbitration. Any Party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Toronto, Ontario. The arbitration shall proceed in accordance with the provisions of the Arbitration Act Ontario. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof or over the parties or their assets. The costs of the arbitrator shall be divided equally between the parties.
26.6 Powers of Arbitrator.
The arbitrator shall have all of the same powers as a judge in Ontario, including without limitation, procedural powers such as hearing motions on security for costs (and ordering such costs to be paid), third-party production motions, and summoning witnesses.
26.7 Jury Trial Waiver.
You and Stay acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
26.8 No Class Actions or Representative Proceedings.
You and Stay acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
Except as provided in Section 26.4, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.
26.10 Changes to Agreement to Arbitrate.
If Stay changes this Section 22 after the date you last accepted these Terms or any subsequent versions of these Terms, you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change went into effect. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Stay (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Stay.
Except as provided in Section 26.8 and subject to Section 18, this Section 26 will survive any termination of these Terms and will continue to apply even if you stop using the Stay Platform or terminate your Stay account.
27.1 Other Terms Incorporated by Reference.
Our Content Policy, Refund Policy, Unforeseen Events Policy, as well as any other supplemental policies and terms linked to in these Terms apply to your use of the Stay Platform, are incorporated by reference, and form part of your agreement with Stay.
27.2 Third-Party Services.
The Stay Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Stay is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
27.3 Google Terms.
Some areas of the Stay Platform 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.
27.4 Intellectual Property and Proprietary Rights.
Except as otherwise set forth in these Terms, all right, title and interest in and to: (A) the Stay Platform (and any content made available through the Stay Platform), (B) all registered and unregistered trademarks, service marks and logos, (C) all trade secrets, proprietary information, confidential information and know-how, (D) all registered and unregistered copyrights including, but not limited to, any text, video, audio, forms, images, displays and software; (E) “Processed Data” (as defined below), (F) “Activity Metadata” (defined below), (G) “Feedback” (defined below), and (H) all other intellectual property, proprietary rights or other rights related to tangible or intangible property which are used, developed, comprising, embodied in or practiced in connection with any of the Stay Platform (collectively, the “Stay IP Rights”), are owned or licensed by Stay, and you agree to make no claim of interest in or ownership of any such Stay IP Rights. You acknowledge and agree that no title to the Stay IP Rights are transferred to you, and you do not obtain any rights, express or implied, in any of the Stay Platform, other than the rights expressly granted in this Agreement.
Subject to your compliance with these Terms, Stay grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to (i) download and use the Application on your personal device(s); and (ii) access and view the content made available on or through the Stay Platform and accessible to you, solely for your personal and non-commercial use. You agree not to create any modification or derivative work based on or containing the Stay Platform (or any content made available through the Stay Platform.
If you provide any feedback, reviews or suggest any changes or modifications to any of the Properties, Adventures and/or Services made available to the Stay Platform (“Feedback”), Stay will own all right, title, and interest in, and shall have all rights to use, such Feedback. You hereby irrevocably assign to us all right, title, and interest in and to the Feedback and agree to provide us any assistance we may require to document, perfect and maintain our rights in the Feedback. You may not remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on the Stay Platform. You agree that any derivative or transformed data derived by us in whole or part from user data that does not include your personal information (“Processed Data”) shall be the exclusive property of Stay, and nothing herein shall limit our use or exploitation thereof.
You acknowledge and agree that we have the right, but do not have the obligation, to access, archive or monitor metadata generated by your activity in using the Stay Platform, including as reasonably necessary to operate, maintain, improve and develop the Stay Platform and to provide the Stay Platform to you or other Users, including to ensure service quality, to evaluate and maintain the Stay Platform and the security thereof, and to evaluate compliance with these Terms , applicable laws, rules or regulations (“Activity Metadata”).
27.5 Force Majeure.
Under no circumstances shall Stay be held liable for any cessation, interruption, delay or failure in performance of the Stay Platform or any obligations under these Terms resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, but not limited to, Internet failures, computer equipment failures, telecommunication equipment failures, failures of internet service providers (ISPs) or cloud-hosting providers, other equipment failures, electrical power failures, strikes, labor disputes, lockouts or boycotts, riots, terrorism, insurrections, civil disturbances, shortages of labor or materials, viral pandemics, hurricanes, earthquakes, fire, floods, storms, natural disaster, explosions, acts of God, armed conflict, war, governmental actions, orders of domestic or foreign courts or tribunals (“Force Majeure Event”).
27.6 Entire Agreement.
These Terms and all supplemental policies, terms, conditions, standards and guidelines incorporated by reference constitute the entire agreement between Stay and you, in regards to your use of the Stay Platform, and supersedes any prior written or verbal agreement between Stay and You.
If any provision of these Terms is held invalid or unenforceable in a judicial proceeding, such provision shall be severed, and the remainder of these Terms shall remain valid and binding upon the Stay and you.
27.8 No Waiver.
No failure by Stay to give notice of any breach, or to require compliance with, any condition, right or provision of these Terms shall be deemed a waiver of similar or dissimilar provisions, rights or conditions at the same or at any prior or subsequent time.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Stay's prior written consent. Stay may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion.
Any notices to Users permitted or required under this agreement will be provided electronically using email, phone, or in-app messaging, or any other method that we implement and you enable us to use.
27.11 Contact Us.
If you have any questions about these Terms please email us.
Appendix A – Contracting Entities