This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
1. Definitions
- By "We" or "Our" or "Us" we mean one or more authorized officers of HomestayBay.
- By "Service" or "Site" or "HomestayBay" we mean the features and services we make available through our website at homestaybay.com and any subdomains.
- By "Content" we mean the information, materials, and content provided in the pages of the Site.
- By "User" we mean a person who interacts with the Site (e.g., browsing, logging in, creating an account, sending a request or making a purchase).
- By "Host" we mean a User who interacts with the Site by registering an account with a homestay profile, for the purpose of advertising and accepting guests into his or her home.
- By "Guest" we mean a User who interacts with the Site by registering an account with a guest profile, for the purpose of making arrangements to stay in a host's home for a period of time. Some examples of Guests are international students, people seeking relocation or temporary work, and people immigrating to another country.
- By "Agreement" we mean the terms and conditions that you are bound to when you interact with this Service.
2. Description of Service
HomestayBay is a virtual meeting place for Hosts to connect with Guests. A searchable list of homestay advertisements submitted by their Hosts is presented and available for potential Guests to browse. In addition, written content is available that users of this service might find useful (such as helpful city guides and answers to frequently asked questions about homestays).
3. Risks
Information about homestays is provided by their Hosts and HomestayBay does not guarantee accuracy of information presented to Users of this Site. Any information available on the Site should be considered anecdotal. It is best to verify all information with the author or other source for accuracy.
By using HomestayBay, you agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will HomestayBay be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via HomestayBay. You acknowledge that HomestayBay may not pre-screen or approve content.
4. Information Presented on HomestayBay
- You own all of the information you post on HomestayBay. However, you specifically give Us the following permission: you grant Us a non-exclusive, transferable, royalty-free, perpetual, irrevocable, worldwide license to use, modify, action from, add to, and create derivative works of any information that you submit to HomestayBay.
- You will not post Content that: is offensive, obscene, or defamatory; violates privacy rights or intellectual property rights of another person; or misrepresents you or information about you. In such circumstances, We may edit, action, or reject information you provide.
- When you modify or action information, it is generally removed immediately. However, you understand that removed content may persist in offline backup copies for a reasonable period of time.
- You understand that We may use your feedback or other suggestions about HomestayBay without any obligation to compensate you for them.
- You may not syndicate, duplicate, or transmit to another website any Content on the Site.
5. Fair Use
You agree that Your use of the Site will be limited to Our fair use policy. We define this policy as excessive use of the features of the Site beyond what We would deem reasonable. Exceeding our fair use policy may result in Us throttling Your use or removing Your account without warning or notification.
6. Copyright and Ownership
With exception to Content described in section 4.1 (Information Presented on HomestayBay), all Content included or available on this Site, including site design, text, graphics and interfaces is owned by and ©2010-2018 HomestayBay, with all rights reserved, or is the property of HomestayBay and/or third parties protected by intellectual property rights. All other trademarks displayed on this Site are the trademarks of their respective owners.
Any use of materials on this Site, including reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without Our prior written permission is strictly prohibited. You agree that you will not monitor or copy Our web pages or the content contained therein using automated means (such as harvesting bots, robots, spiders, or scrapers) without Our permission. You will not do anything that could disable, overburden, or impair the proper working of HomestayBay, such as a denial of service attack.
Transit information displayed on this Site is provided with permission by the agency providing the service. Neither HomestayBay nor the providing agency assume responsibility for the accuracy or currency of this information.
7. Your Use of The Site
- You are solely responsible for your use of the Site, the Content that you post on or through the Site, any material or information that you transmit to other Users, and for your interactions with other Users.
- You will not provide any false personal information to HomestayBay. Where we request registration information from you, you will provide us with true, accurate, current, and complete information.
- This Site is not suitable for underaged Guests. We define an underaged Guest as a person whose age is less than the greater of 18 years and the age of majority of the jurisdiction of any property the Guest might stay in. You agree that You are not an underaged Guest and that You are not registering an account on behalf of an underaged Guest.
- You will not create an account for anyone other than yourself without Our permission.
- This Site is provided for personal use only and any commercial use is forbidden. Commercial use is defined as, but not limited to: a Host advertising multiple properties, a User exceeding Our fair use policy described in section 5 (Fair Use), an intermediary or agent soliciting Users on behalf of people the intermediary represents, or an account created on behalf of another person.
- If we disable or action your account, you will not create another one without Our permission.
- If you have a HomestayBay account, you will safeguard your account information and will be completely responsible for any use of your account by anyone other than you.
- You will not use HomestayBay to do anything unlawful, misleading, or malicious.
- You will not facilitate or encourage any violations of this Agreement.
8. Termination
- If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for Us, We can stop providing services to you with or without warning or notification. We are not obligated to provide compensation if We terminate an account.
- Although rare, if We receive a complaint about You, we will attempt to investigate and aid a resolution. However, You agree that any decision we make is final and agree that this may result in removal of your account with or without warning or notification and We are not obligated to provide compensation.
- We retain the right at our sole discretion to deny access to anyone to this Site, at any time and for any reason, including, but not limited to, for violation of this Agreement.
9. Amendments
- This Agreement will change from time to time, as new features or service offerings are introduced.
10. Other
- This Agreement supersedes any prior agreements.
- If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If We fail to enforce any of this Agreement, it will not be considered a waiver.
- Nothing in this Agreement shall prevent Us from complying with the law.
- You will comply with all applicable laws when using or accessing this Site.
11. Disclaimer and Waiver of Liabilities
HomestayBay, its agents, employees, directors, officers and affiliated companies and any person associated with the creation of this Site or its Contents are not responsible for and shall not be liable to Users or other persons for any claims, losses, costs, expenses or damages whatsoever, including direct, indirect, incidental, special, consequential, reliance, exemplary or punitive damages arising out of or in connection with this Site, the Content contained therein, or the access to or use thereof. Without limitation and notwithstanding anything to the contrary, HomestayBay shall not be responsible for and shall not be liable to Users or to any other persons for any claims, losses, costs, expenses or damages arising out of or in connection with:
- failure of performance, delays, interruptions, communication line or systems failures including communication malfunctions, that affect the transmission, accuracy or timeliness of information, material, messages, or instructions between Users and HomestayBay and/or which prevent information, material, messages or instructions from being transmitted in whole or in part or agreements from being formed between Users and HomestayBay or between Users of HomestayBay;
- Users' inability to access, at any time, any part of this Site or any information, products, solutions or services provided on it;
- any harm or loss to Users' personal computer records or data, howsoever caused, including by viruses, "worms," "trojan horses" or other similar intrusive, disruptive or destructive programs or files;
- interception, loss or disclosure of confidential or sensitive information transmitted over the Internet, including Personal Information;
- lack of suitability, reliability, timeliness or availability of this Site or any Information, products, solutions or services offered on this Site;
- HomestayBay's failure to take corrective measures.
The aforementioned exclusions and limitations shall apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions shall apply even if HomestayBay has been advised of the possibility of such claims, losses, costs or damages.
Because some jurisdictions do not allow the exclusion or limitation of moral, bodily, incidental or consequential damages, HomestayBay's liability in such jurisdictions shall be limited to the extent permitted by law.