Terms and Conditions (“Terms”)
Thank you for using WorknStay!
These Terms constitute a legally binding agreement (the “Agreement”) between you and the corporation, les services intermédiaires d’hébergement WorknStay Inc. and govern your access to www.worknstay.com(“Site“) and your use of this Site, including its subdomains and all other sites through which WorknStay provides WorknStay Services (collectively, the “Site“), our mobile, tablet and smartphone applications and application program interfaces (collectively, the “Applications”), and all related services (collectively, the “WorknStay Services”). The Site, the Application and the WorknStay Services are hereinafter collectively referred to as the “WorknStay Platform”.
The terms “WorknStay”, “we”, “us”, “our” or “our” as used in these Terms and Conditions refer to LES SERVICES INTERMÉDIAIRES D’HÉBERGEMENT WORKNSTAY INC. (“WorknStay”).
All payment services related to your use of the WorknStay Platform (the “Payment Services“) are processed by a third party payment processor for the relevant product or service (e.g., the payment facilitation service) for and on behalf of the relevant Guest or Member (WorknStay never acts or operates as a merchant). WorknStay uses the Stripe platform. Payment is made securely from your credit card through a third party payment processor. Any payment that we handle for you and transfer to the relevant party constitutes in each case the final amount of the fee due for the booking (or part thereof) on your behalf for the relevant product or service and you will not be able to request a refund of this amount.
In the event of fraudulent use of your credit card or unauthorized use of your credit card by third parties, most banks and credit card companies will cover the risk and pay all costs resulting from such fraud or unauthorized use, less any deductible. We are not responsible for any fraudulent transactions made on our platform.
It is the responsibility of the Hosts to identify, understand and comply with all laws, rules and regulations applicable to their Listings and Host Services. For example, in many cities, Hosts may be required to register, obtain a permit or license before providing certain Host Services, such as preparing food, serving alcohol, offering a tour service or using a vehicle. It is the responsibility of Hosts to identify and obtain any necessary permits, licenses or registrations for the Host Services they offer. Certain types of Host Services are completely prohibited. Penalties may include fines or other coercive measures. If you have any questions regarding local laws that apply to your Listings and Host Services on WorknStay, you should consult a lawyer.
- Scope of WorknStay Services
- 1 The WorknStay Platform is an online marketplace that allows registered users (the “Members“) and certain third party service providers (the Members and third party service providers are “Hosts” and the services they provide are “Host Services“) to publish those Host Services on the WorknStay Platform (the “Listings“) and to communicate and transact directly with Members that are seeking to book such Host Services. The Host Services are available to all registered users of the WorknStay Platform, workers or companies or other persons accepted by WorknStay and such Members are defined as (“Guest“). Host Services may include the rental of accommodation for travel required as a result of their employment or employment contract or other use permitted by WorknStay (the “Accommodations“).
1.2 As the provider of the WorknStay Platform, WorknStay does not own, create, sell, resell, provide, control, manage or offer any Listing or Services offered by the Host. Hosts are solely responsible for their Listings and Host Services. When Members make or accept a reservation, they enter into a contract with each other directly. WorknStay is not and does not become a party to any contract between Members, and WorknStay is not a real estate broker or insurer. WorknStay does not act as an agent of any Member.
1.3 While WorknStay may facilitate the resolution of disputes, WorknStay does not control or guarantee (i) the existence, quality, security, adequacy or legality of the Listing or Host Service, (ii) the truth or accuracy of the descriptions of the Listing, Ratings, Review or other Content of Members or (iii) the performance or conduct of any Member or third party. WorknStay does not endorse any Member, Listing or Host Service. Worknstay simply validates listing or member information prior to their room for rent posting on the platform.All references to a “verified” Member (or any similar term) means only that the Member has undergone proper verification or identification procedures, and nothing else. Such a description does not constitute an endorsement, certification, or warranty by WorknStay of any Member, including their identity, background, reliability, or reliability. You should always exercise caution when deciding to stay at an Accommodation, or use other Host Services, accept a reservation request from a Traveler, or have any other interaction or interaction with any other Member, online or in person. Verified Images are intended only to provide a photographic representation of a Listing as of the date the photograph was taken, and therefore do not constitute an endorsement by WorknStay of any Host or Listing.
1.4 If you choose to use the WorknStay Platform as a Host, your relationship with WorknStay is limited to being an independent third party contractor, and not an employee, agent, joint venture member or partner of WorknStay for any reason whatsoever, and you are acting exclusively for your own account and benefit, and not for the account or benefit of WorknStay . WorknStay does not direct or control you, and shall not be considered an officer, partner, shareholder or employer, either generally or under these Terms, including in connection with the provision of Host Services. You acknowledge that you have full discretion to advertise your Host Services or otherwise engage in other business activities or employment.
1.5 The WorknStay Platform may contain links to third party websites or resources (“Third Party Services“). Such Third Party Services may be subject to different Terms of Service and privacy practices. WorknStay is not responsible or liable for the availability or accuracy of such Third Party Services, or for the content, products or services available from such Third Party Services. Links to such Third Party Services should not be construed as an endorsement by WorknStay of such Third Party Services.
1.6 WorknStay is not responsible for any failure or outage of the Internet or telecommunications infrastructure which is beyond our control and which may lead to interruptions in the accessibility of the WorknStay platform. WorknStay may, on a temporary basis and taking into account the legitimate interests of Members (e.g. by prior notification), limit the availability of the WorknStay Platform or certain areas or functionalities of the WorknStay Platform if this is necessary due to capacity limited, to preserve the security or integrity of our servers, or to perform maintenance operations to ensure the proper functioning or improve the functioning of the WorknStay Platform. WorknStay may improve or modify the WorknStay Platform and add new WorknStay Services at any time. WorknStay will inform Members of any changes made to the WorknStay platform, unless such changes are minor or have no material effect on the parties’ contractual obligations.
- Eligibility, Using the WorknStay Platform, Member Verification
2.1 In order to access and use the WorknStay Platform or to create a WorknStay Account, you must be an individual at least 18 years of age or a company, organization or other legal entity duly incorporated, recognized and in good standing under the laws of the country in which you are established and have the capacity to contract.
2.2 WorknStay may condition access to and use of the WorknStay Platform or to certain areas or features of the WorknStay Platform subject to certain conditions or requirements, such as completing a verification procedure, satisfaction of certain quality and eligibility criteria or any other conditions.
2.3 User verification on the Internet is difficult, and WorknStay do not assume any responsibility for the confirmation of any Member’s identity with certainty. Notwithstanding the foregoing, for the purposes of transparency and fraud prevention, subject to applicable laws, we may, but are not obligated to, (i) require Members to provide us with official identification or other information, or to submit to other checks designed to verify Members’ identities and background, (ii) consult third party databases or other sources of information to check whether Members are included, and request reports, and (iii) if we have sufficient information to identify a Member, obtain extracts from criminal or sexual (or similar) offence files from local authorities (if available). It is the responsibility of the Host to do its due diligence before selecting the Member. It is also the Member’s responsibility to do due diligence before selecting the Host.
- Modification of these Terms and Conditions
WorknStay reserves the right to amend these Terms and Conditions at any time in accordance with this section. If we amend these Terms, we will post the amended Terms on the WorknStay Platform by changing the “Last Updated” date at the top of the Terms. We will also notify you of the changes by email and ask you to indicate your acceptance of the amended Terms by clicking in the box provided. If you do not agree to the amended Terms, you may terminate this Agreement with immediate effect. We will inform you of your right to terminate the Agreement in the email notification. If you do not terminate your Agreement before the effective date of the amended Terms and you continue to access or use the WorknStay Platform, you will be deemed to have accepted the amended Terms.
- Account Registration
4.1 You must create an account (the “WorknStay Account“) to access and use certain features of the WorknStay Platform, such as posting or booking a Listing or making a reservation. If you create a WorknStay Account for a business, organization or other legal entity, you represent that you have the power to bind such entity and to grant us all the authorizations and licenses provided for in these Terms.
4.2 You may create a WorknStay Account by choosing an email address and password, or by using your account with certain third party social networking services, such as Facebook or Google (“SNS Account”).
4.3 You must enter accurate, current and complete information during the registration process and keep your WorknStay Account information up to date as well as the information on your public WorknStay profile page.
4.4 You may not create more than one WorknStay Account unless WorknStay authorizes you to do so. You may not assign or otherwise transfer your WorknStay Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your WorknStay Account credentials and you are prohibited from disclosing your WorknStay Account details to any third party. If you believe or have reason to believe that your WorknStay Account IDs have been lost, stolen, misappropriated or compromised in any way, or there is any actual or suspected unauthorized use of your WorknStay Account, you must notify WorknStay immediately. You are responsible for all activities that occur under your WorknStay Account, unless you did not authorize such activities and you are not otherwise negligent (for example, by failing to report unauthorized use or loss of your login credentials).
- 1 WorknStay at its sole discretion enable Members to (i) create, publish, send, receive content, such as text, photos, audio or video content, or other materials and information on or through the WorknStay Platform (the “Member Content“), and (ii) access and view Member Content and any content made available by WorknStay on or through the WorknStay Platform, including proprietary WorknStay content and any content licensed or otherwise authorized by WorknStay to use by a third party (the “WorknStay Content“, and together with Member Content, the “Collective Content“).
5.2 The WorknStay Platform, WorknStay Content and Member Content may be protected in entirety or in part by copyright, trademark and/or other federal and provincial laws in Canada and other countries. You acknowledge and agree that the WorknStay Platform and WorknStay Content, including all associated intellectual property rights, are the exclusive property of WorknStay and/or its co-licensors or consenting third parties. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices embedded in or accompanying the WorknStay Platform, WorknStay Content or Member Content. All WorknStay trademarks, service marks, logos, trade names and other distinctive WorknStay marks used on or in connection with the WorknStay Platform and WorknStay Content are trademarks or registered trademarks of WorknStay in Canada and other countries. Third party trademarks, service marks, logos, trade names and other proprietary designations used on or in connection with the WorknStay Platform, WorknStay Content and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, reproduce, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the WorknStay Platform or the Collective Content, unless you are the rightful owner of certain Member Content, or unless expressly permitted to do so by these Terms. No license or right is granted to you by implication or otherwise under any intellectual property right owned or controlled by WorknStay or its co-contractors except for the licenses and rights expressly granted in these Terms.
5.4 By posting or otherwise making available any Member Content on or through the WorknStay Platform, you grant to WorknStay, at the time you create, post or otherwise make the content available, a non-exclusive, worldwide, royalty-free, transferable, sub-licensable and non-exclusive license to such Member Content for the duration of the protection of the assigned rights, to access, use, store, reproduce, modify, create derivative works from, distribute, publish, transmit, broadcast and otherwise exploit such Member Content in order to provide and/or promote the WorknStay Platform on any medium, known or unknown to date and in particular on the Internet and on social networks. If the Member Content (including verified Images) includes personal information, such Member Content shall only be used for such purposes if such purposes comply with applicable personal data protection law, in accordance with the Privacy Act. Except with your express consent, WorknStay will not claim any ownership rights in any Member Content, and nothing in these Terms shall be deemed to limit your rights to use or exploit your Member Content.
5.5 It is your responsibility to verify that your Host Service is accurately represented in the Verified Images, and you must cease using the Verified Images on or via the WorknStay Platform if they no longer accurately represent your Listing, if you no longer provide the Host Service presented, or if your WorknStay Account is terminated or suspended for any reason. You acknowledge that you have no rights of any kind in the intellectual property of these Verified Images. You acknowledge and agree that WorknStay has the right to use any Verified Images in accordance with section 5.5 for the purpose of feeding and/or promoting the Platform. WorknStay grants you a limited, non-exclusive, non-transferable, revocable, and non-sublicensable license to use the Verified Images.
5.6 You are solely responsible for all Member Content that you make available on or via the WorknStay Platform. Therefore, you represent and warrant that : (i) you are either the sole and exclusive owner of all Member Content that you make available on or via the WorknStay Platform, or that you have all the rights, licenses, consents and authorizations necessary to grant WorknStay the rights to such Member Content, as provided in these Terms; and (ii) neither the Member Content, nor your posting, uploading, submission or transfer of the Member Content, will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy of any third party, or violate any applicable law or regulation.
5.7 You will not post, submit or transmit any Member Content that : (i) is fraudulent, false, misleading (directly or through omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) incites discrimination, bigotry, racism, intolerance, hatred, harassment or harm to any individual or group ; (iv) is violent or threatening or promotes violence or threatening acts against any other person or animal; (v) encourages activities or the use of illegal or dangerous substances; or (vi) violates any WorknStay policy. WorknStay may remove or disable access to any Member Content that is contrary to applicable law, these Terms and Conditions or WorknStay’s current Policies, or is potentially harmful or unacceptable to WorknStay, its Members, third parties or property. When WorknStay deletes or disables Member Content, WorknStay will notify the Member and give reasons for such decision unless such notification (i) prevents or hinders the discovery of fraud or other illegal activity, (ii) harms the legitimate interest of other Members or third parties, or (iii) violates applicable law.
5.8 WorknStay respects copyright laws and expects its Members to do the same. If you believe that any Content on the WorknStay Platform infringes your copyright, please notify us.
- Service Fees
6.1 WorknStay may charge fees to Hosts (the “Host Fees“) and/or Guests (the “Guest Fees“) (collectively, the “Service Fees“) for the use of the WorknStay Platform. For more information on the applicable Service Fee and how it is calculated, see our Service Fee page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. WorknStay reserves the right to change the Service Fee at any time and will notify Members within a reasonable period of time before the new rates take effect. Such fee changes will not affect bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying the Service Fee due to WorknStay. The applicable Service Charges (including any applicable Taxes). WorknStay will deduct any Host Charges from the posted Prize before remitting payment to the Host. The Guest’s Fee is included in the Total Fee collected by WorknStay. Unless otherwise stated on the WorknStay Platform, the Service Fee is non-refundable.
- Conditions specific for Hosts
7.1 Conditions applicable to all Listings
7.1.1 When creating a Listing on the WorknStay Platform, you must (i) provide complete and accurate information about your Host Service (such as description of accommodation, location and dates of availability), (ii) specify any impairments restrictions (such as by laws) and applicable conditions (such as minimum age, skills) and (iii) provide other relevant information requested by WorknStay. It is your responsibility to keep the information in your Listing information up to date.
7.1.2 You are solely responsible for setting a price (including applicable taxes and any other expenses such as cleaning charges) for your Listing (“Posted Price“). Once a Guest has made a booking, you may not charge a price higher than that shown in the booking request.
7.1.3 Any Conditions included in your Listing, including those relating to cancellations, must not conflict with these Conditions or to the cancellation conditions you have selected for your Listing.
7.1.4 The photos, animations or videos (collectively, the “Images“) used in your Listing must accurately reflect the quality and condition of your Host Services. WorknStay reserves the right to impose a minimum number of Images, in a specific format, size and resolution, for each Listing.
7.1.5 The placement and ranking of Listings in search results on the WorknStay Platform depends on various factors, such as Guest search parameters and preferences, Host requirements, prices and availability dates, number and quality of Images, customer service and cancellation history, Comments and Ratings, type of Host Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request from a Guest, you enter into a contractual agreement that binds you to that Guest, and you are then obliged to provide the Host Service(s) to the Guest in the manner described in your Listing on the date of the booking request. You also agree to pay the applicable Host Charges and any applicable Taxes.
7.1.7 WorknStay recommends that Hosts obtain appropriate insurance for their Host Services. Please read your insurance policy carefully, and in particular, ensure that you understand any policy exclusions and any applicable deductibles, including whether your insurance policy covers the actions or omissions of Guests (and persons for whom the Guest has booked, if applicable) during their stay in your Accommodation or other Host Service. WorknStay will not be liable for damages caused by Guests.
7.2.1 Unless expressly authorized by WorknStay, you may only offer one Hosting Service per Listing
7.2.2 If you choose to require a security deposit for your Accommodation, You must indicate this in your Listing(the “Security Deposit“). Hosts are not permitted to request a Security Deposit (i) after confirming a booking, or (ii) outside the WorknStay Platform.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
- Terms specific for Guest
8.1 Conditions applicable to all reservations
8.1.1 Subject to compliance with any conditions set by WorknStay and/or the Host (such as submission to a verification procedure), You may book Accommodation offered on the WorknStay Platform by following the appropriate booking procedure. All applicable fees, including the Posted Price, Security Deposit (if applicable), Guest’s Fee and any applicable Taxes (collectively, the “Total Fees”) will be disclosed to you prior to booking. You agree to pay the Total Fees for any reservation requested with your WorknStay Account.
8.1.2 Upon receipt of a booking confirmation from WorknStay, a binding contractual agreement is established between You and Your Host, subject to any applicable additional terms and conditions of the Host, including without limitation applicable cancellation conditions and the rules and restrictions specified in the Advertisement. WorknStay recovers the Total Fee at the time of the booking request or upon confirmation by the Host.
8.1.3 If you book a Host Service on behalf of additional guest, you must ensure that each such Guest complies with the terms and conditions set by the Host, and is aware of and accepts these Terms and any other terms, conditions, rules and restrictions set by the Host. If you make a reservation for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. In order to participate in any other Host Service, minors must be accompanied by an adult who is responsible for them.
8.2 Reservation of Accommodation
8.2.1 You understand that a confirmed reservation of Accommodation (the “Accommodation Reservation“) constitutes a limited authorization granted to you by the Host to enter, occupy and enjoy the Accommodation for the duration of your stay, during which period the Host (subject to applicable law) retains the right to re-enter the Accommodation in accordance with the agreement between you and the Host.
8.2.2 You undertake to leave the Accommodation no later than the occupancy cut-off time specified by the Host in the Advertisement or such other time as may be mutually agreed between you and the Host. If you stay beyond the occupancy deadline without the Host’s agreement (the “Overstay“), you are no longer permitted to occupy the Accommodation and the Host is entitled to remove you from the Accommodation by means that comply with applicable law and/or to charge you additional fees.
- Booking, Modifications, Cancellations and Refunds
9.1 Host and Guest are responsible for all booking changes they make on the WorknStay Platform or request WorknStay User Support to make (the “Booking Modifications“), and agree to pay all posted Prices, additional Host Charges or Guest Charges and/or any Taxes associated with such Booking Modifications.
9.2 Guests may cancel a confirmed booking at any time, subject to the cancellation conditions of the Advertisement as defined by the Host, and WorknStay will refund the amount of the total Charges due to the Guest in accordance with those cancellation conditions.
9.3 In certain cases, WorknStay may cancel an existing or confirmed reservation on behalf of a Host or Guest and make appropriate refunds and payments. When WorknStay cancels a reservation, WorknStay will notify the Members concerned and give reasons for doing so, unless such notification (i) prevents or interferes with the discovery or prevention of fraud or other illegal activities, (ii) harms the legitimate interests of other Members or third parties, or (iii) violates applicable law.
- Ratings and Reviews
10.1 Within a certain period of time after a booking is finalised, Host and Guests may leave a public comment (the “Review“) and/or a star rating (the “Rating”) about their each other. Ratings and Review reflect the opinion of individual Members and not that of WorknStay. Ratings and Review are not verified by WorknStay and may be unfounded or misleading.In no event will WorknStay be responsible for Comments and Ratings left by a Traveler or Host.
- Damage to Accommodation, Disputes between Members
11.1 As a Guest, you are obliged to return the Accommodation (including all personal belongings or other property in the Accommodation) in the condition in which you found it on arrival. You are responsible for your own actions and omissions and those of any person whom you invite into the Accommodation, or to whom you give access to the Accommodation, excluding the Host (and persons whom the Host invites into the Accommodation, if any).
11.2 If a Host claims and proves that you, as a Guest, have wrongfully caused damage to an Accommodation or to any personal effects or other property in an Accommodation (the “Damage Claim“), the Host can seek payment from you. If a Host brings a Claim for Damage to WorknStay, you will be given the opportunity to respond to it. If you agree to pay the Host, or if WorknStay, in accordance with any applicable burden of proof rules, establishes your liability under the Damage Claim, WorknStay will, after the end of your stay, recover from you and/or deduct from the Security Deposit (if applicable) the amount necessary to resolve the Damage Claim. In addition, WorknStay reserves the right to recover any amount from you and to exercise all remedies available to WorknStay in the event that your liability in connection with a Claim for Damages is established, including, without limitation, in connection with any claim for payment made by a Host.
12.1 As a Host, it is your responsibility to determine your obligations to report, collect, remit, or include in your Posted Price, any applicable GST/HST QST or other indirect sales, occupancy, tourist or other visitor taxes or income taxes (the “Taxes“).
12.2 You understand that any relevant government agency, department and/or authority (the “Tax Authority“) on which Your Accommodation depends may require the collection of Taxes from Guest or Hosts on the Posted Price, and the remittance of such Taxes to the appropriate Tax Administration. The laws vary from country to country, but these Taxes may be collected and remitted as a percentage of the Posted Price set by the Hosts, a fixed amount per day, or other variations, and are sometimes referred to as “tourist taxes”, “hotel night taxes”, “accommodation taxes”, “municipal taxes”, “room taxes” or “tourist taxes” (the “Occupancy Taxes“).
12.3 In certain jurisdictions, WorknStay may decide, at its sole discretion, to facilitate the collection or payment of Occupancy Taxes from or on behalf of Guest or Hosts in accordance with these Terms and Conditions (“Collection and Remittance“) if the relevant authority in that jurisdiction considers that WorknStay or the Hosts have an obligation to collect and pay Occupancy Taxes. In any country in which we choose to facilitate Direct Collection and Payment, you request and authorize WorknStay (via WorknStay Payments) to collect Occupancy Taxes from Guest on behalf of the Hosts at the time of payment of the Posted Price, and to pay such Occupancy Taxes to the Tax Authorities. In other countries, WorknStay may decide, at its sole discretion, to collect Occupancy Taxes and remit them to eligible and qualified Hosts, based on the tax information provided by the Host, for reporting and payment of taxes by such Host to the tax authorities (“Pass-Through Tax Feature“). Such Hosts using the Pass-Through Tax Feature will be solely responsible for informing WorknStay about the correct Occupancy Tax amount to be collected from the Guest in accordance with applicable law and directly remitting the Occupancy Taxes to the relevant Tax Authority. WorknStay does not assume any liability for the failure of a participating Host to comply with any applicable tax reporting or remittance obligations. The amount of Occupancy Taxes, if any, collected and remitted by WorknStay will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where WorknStay is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by WorknStay relating to their Accommodations in that jurisdiction.
12.4 Host and Guests agree that we may seek to recover additional sums from You if the Taxes collected and/or remitted are insufficient to fully meet Your obligations to the Tax Authorities. In the event that you disagree with the amount of Occupancy Tax collected by WorknStay, You are invited to contact your local Tax Authority to request a refund of the Occupancy Tax collected by WorknStay, in accordance with the applicable procedures set out by that Tax Authority.
12.5 WorknStay reserves the right, subject to notice to Hosts, to cease Collection and Acquittal in any country for any reason whatsoever. Thereafter, the Host and Guest shall once again be solely responsible for the collection and/or payment of all Occupancy Taxes applicable to the Accommodation in that country.
- Prohibited activities
13.1 You are solely responsiblefor compliance with all laws, rules, regulations and tax obligations applicable to your use of the WorknStay Platform. In connection with your use of the WorknStay Platform, you shall not assist others to, or allow others to:
- breach or circumvent any applicable laws or regulations, third party agreements, third party rights, or our Terms, Policies or Standards
- use the WorknStay Platform or Collective Content for commercial or other purposes not expressly permitted by these Terms and Conditions, or in a manner that creates an erroneous impression of WorknStay’s endorsement, partnership with WorknStay, or otherwise misleads as to your relationship with WorknStay;
- copy, store, access or use in any way any information, including personally identifiable information about any other Member, available on the WorknStay Platform, in violation of applicable laws or these Terms and Conditions, or in violation of the privacy rights of Members or third parties;
- use the WorknStay Platform to disseminate unwanted commercial messages (“spam”);
- offer, as Host, any Accommodation that you do not own or are not authorized to offer for rent on the WorknStay Platform;
- unless explicitly authorized by WorknStay, make a reservation in connection with an Listing when you will not be using the Host Services yourself;
- contact another Member for any purpose other than to ask a question about your own booking, Listing, or the Member’s use of the WorknStay Platform, including, without limitation, to recruit or solicit a Member to participate in third party services, applications or websites without our prior written permission;
- using the WorknStay Platform to request, make or accept a booking outside the WorknStay Platform, to avoid the Service Fee or for any other reason;
- request, accept or make payment of the Posted Price outside the WorknStay Platform or without using WorknStay. If you do so, you : (i) assume all risks and liability with respect to such payment, and (ii) release WorknStay from any liability for such payment;
- discriminate against or harass any person because of that person’s ethnic or national origin, religion, gender, gender identity, physical or mental disability, health status, marital status, age or sexual orientation, or engage in any violent, dangerous, abusive or disruptive behavior;
- use, display or copy (including by framing) the WorknStay Platform or the Collective Content, or any individual item appearing on the WorknStay Platform, the WorknStay name, any WorknStay trademark, logo or other proprietary information, or the design of any page or form appearing on any page of the WorknStay Platform, without the express written consent of WorknStay;
- dilute, tarnish or otherwise harm the WorknStay trademark in any way, including unauthorized use of the Collective Content, the registration and/or use of the WorknStay word or derivative terms in domain names, trade names, trademarks or other source identifiers, or the registration and/or use of domain names, trade names, trademarks, or other source identifiers that closely mimic or are similar so as to cause confusion with WorknStay’s domain names, trademarks, slogans, advertising campaigns or Collective Content;
- use robots, spiders, crawlers, scrapers or other automatic means or processes to access the WorknStay Platform, retrieve data or other content from the WorknStay Platform or interact with the WorknStay Platform for any other purpose;
- avoid, hijack, remove, disable, damage, decode, or otherwise attempt to circumvent any technological measures implemented by WorknStay or any WorknStay vendor or any third party to protect the WorknStay Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the WorknStay Platform;
- take any action that disrupts or interferes with, or could disrupt or interfere with the performance or proper functioning of the WorknStay Platform;
- use, re-export, import or transfer the Application without being authorized to do so by the federal and provincial laws governing Canada and the Province of Quebec, the export control laws in force in your country, and any other
- Violate or infringe the rights of third parties or harm anyone else.
- 2 You acknowledge that WorknStay has no general obligation to monitor Member Content or to actively seek facts and circumstances indicating illegal activity, but that WorknStay has the right to monitor, disable access to, or edit Member Content, in order to (i) operate, protect and enhance the security of the WorknStay Platform (including, without limitation, for fraud prevention, risk assessment, investigation and user support purposes) ; (ii) to monitor Members’ compliance with these Terms; (iii) to comply with applicable law, court order, or requests from the police, judiciary, or other public agencies or government bodies; (iv) to respond to Member Content that it deems harmful or unacceptable; or (v) for other purposes set forth in these Terms. Members agree to cooperate with and assist WorknStay in good faith, to provide WorknStay with such information as WorknStay may require and to take such reasonable steps as WorknStay may request in connection with any investigation by WorknStay or an agent of WorknStay into the use or misuse of the WorknStay Platform.
- 3. If you believe that any Member with whom you interact, online or in person, is or has been behaving inappropriately, including, without limitation, any person (i) behaving in an offensive, violent or sexually inappropriate manner, (ii) whom you believe has stolen something from you, or (iii) causing distress in any way, you must immediately report it to the appropriate authorities and then to WorknStay , providing us with the police station contact information and police report number (if available). You agree that your report does not require us to take any action other than what is required by law (if applicable).
- Term and Termination, Suspension and Other Measures
14.1 This Agreement shall remain in effect until either you or WorknStay terminates the Agreement as described below.
14.2 You may terminate this Agreement at any time by sending us an email. If you delete your WorknStay Account as a Host, all confirmed bookings will be automatically cancelled and your Travelers will receive a full refund. If you delete your WorknStay Account as a Traveler, all confirmed bookings will be automatically cancelled and any refund will be subject to the terms and conditions of the cancellation of the Advertisement.
14.3 Without limiting our rights specified below, WorknStay may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice by email sent to your email address registered in your profile.
14.4 WorknStay may immediately and without notice terminate this Agreement and/or cease to provide you with access to the WorknStay Platform if (i) you have committed a breach of your obligations under these Terms or otherwise (ii) you have violated applicable laws and regulations or the rights of third parties, or (iii) you have engaged in fraudulent conduct on your part.
- 5 In addition, WorknStay may take any of the following actions (i) to comply with applicable law, court order, or requests from the police, judiciary, or other public agencies or government bodies, or if (ii) you have violated these Terms and Conditions, applicable laws and regulations or the rights of third parties, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information when creating the WorknStay Account, creating the Ad or subsequently, (iv) you and/or your Advertisements or Host Services do not meet the quality or eligibility criteria at any time, (v) you have received Poor Ratings or Negative Comments, or WorknStay is otherwise aware of or receives complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without legitimate reason, or (vii) such action is necessary to protect the safety or property of other Members, third parties, or WorknStay, or to prevent fraud or other illegal activities:
– refuse to post, remove or defer any Announcements, Ratings, Comments or other Member Content;
– cancel current or confirmed reservations;
– restrict your use of or access to the WorknStay Platform;
– temporarily or permanently revoke any special status associated with your WorknStay Account;
– temporarily suspend or, in case of serious and repeated infringements, permanently suspend your WorknStay Account and cease to provide access to the WorknStay Platform .
In the case of minor violations, and where appropriate, you will be notified of any action contemplated by WorknStay and given an opportunity to resolve the matter to the reasonable satisfaction of WorknStay.
14.6 If we take any of the actions described above, (i) we will provide a full refund to your Travelers for all confirmed bookings, regardless of pre-existing cancellation policies, and (ii) you will not be entitled to any compensation for outstanding or confirmed bookings that have been cancelled.
14.7 In the event of termination of this Agreement, you are not entitled to a restoration of your WorknStay Account or any of your Member Content. If your access to or use of the WorknStay Platform has been restricted, if your WorknStay Account has been suspended, or if we have terminated this Agreement, you will not be able to create a new WorknStay Account or to access or use the WorknStay Platform via another person’s WorknStay Account.
To the fullest extent permitted by applicable law, you agree to release, defend (at WorknStay’s option), indemnify and hold WorknStay, its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages, losses and expenses arising out of or in any way connected with (i) your breach of these Terms or (ii) your violation of any law, regulation or the rights of third parties. In accordance with this Section 15, this obligation to indemnify applies only if and to the extent that the claims, liabilities, damages, losses and expenses were sufficiently caused by your wrongful breach of a contractual obligation.
- Dispute Resolution
We do not take sides, either on our own behalf or on behalf of any Host, Member, Guest or Landlord or Tenant, in any transaction resulting from the use of the Site, or any dispute arising from such a transaction. Hosts, Members, Guest and others are contractually bound together and should communicate with each other to resolve any problems or disputes.
- Service Fees Payable by Hosts
We charge a 5.75% service fee payable by the Host when using our online payment service. The fee will be deducted from the amounts paid by the Guests.
- Service fees payable by Guests
We charge a 11.50% service fee payable by the Guests when using our online payment service.
- Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Quebec. If you are acting as a consumer and if the mandatory consumer protection regulations of your country of residence contain provisions that are more advantageous to you, these provisions apply regardless of the choice of Quebec law. As a consumer, you may bring any legal action relating to these Terms before the competent court of your place of residence or the competent court of WorknStay’s place of business in Quebec. If WorknStay wishes to enforce any of its rights against you, as a consumer, it may do so only in the courts of the jurisdiction in which you reside. If you are acting as a legal entity, you consent to the exclusive jurisdiction of the courts of Quebec.
- General provisions
20.1 These Terms, together with any additional terms, policies, rules or standards that supplement them, constitute the entire agreement between WorknStay and you relating to the subject matter hereof, and supersede all prior agreements and understandings, oral or written, between WorknStay and you regarding access to and use of the WorknStay Platform.
20.2 No joint venture, partnership or employer-employee or principal-agent relationship exists between you and WorknStay as a result of this Agreement or your use of the WorknStay Platform.
20.3 These Terms of Service do not confer and are not intended to confer any rights or remedies on any person other than the parties.
20.4 If any provision of these Terms of Service is held to be invalid, void or unenforceable, such provision shall be severed without affecting the validity and enforceability of the remaining provisions.
20.5 WorknStay’s failure to enforce any right under these Terms or any provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and accepted by us in writing. Except as otherwise expressly provided in these Terms, the exercise by either party of any remedy available to it under these Terms shall be without prejudice to any other remedy available to it under these Terms or at law.
20.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without the prior written consent of WorknStay. WorknStay may, without limitation and in its sole discretion, assign, transfer or delegate this Agreement and any rights and obligations hereunder upon 30 days’ notice. Your right to terminate this Agreement at any time remains unaffected.
20.7 Unless otherwise specified, all notices or other communications permitted or required hereunder to be given to Members shall be made electronically and delivered by WorknStay by e-mail notification on the WorknStay Platform.
20.8 These terms and conditions are subject to the laws of Quebec and Canada. You expressly acknowledge that any action taken by you, or any other party to enforce these terms and conditions or any other component relating to the Site, must be brought exclusively before the District of Abitbi.
20.9 These terms and conditions are subject to the laws of Quebec and Canada. You expressly acknowledge that all.