Introduction

This Website is the property of 2749103 Ontario Ltd. (“StayHi”, “we”, “us”, or “our”). These Terms and Conditions of Use (“Terms”) govern your use of StayHi.ca (the “Website”). By using the Website, you accept these Terms and agree to be legally bound by them. StayHi may modify the Website and these Terms in its sole discretion from time to time. Continued use of the Website shall constitute your acceptance of the revised Terms.

If you disagree with these Terms, or any part thereof, you must not use this Website.

You must be old enough to legally possess and consume non-medical cannabis in order to use this Website. By using this Website and by agreeing to these Terms, you represent and warrant that you have reached the legal age to possess and consume non-medical cannabis in your jurisdiction of residence.

This Website uses cookies. By using this Website and agreeing to these Terms, you consent to our use of cookies in accordance with StayHi’s Privacy Policy. StayHi’s collection and use of personal information in connection with your access to and use of the Website are more fully described in our Privacy Policy.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS.

StayHi is an online platform which permits individuals (“Hosts”) to create digital Listings (“Listings”) for:

(i) the short-term rental of their cannabis-friendly personal residences (“Accommodations”); and

(ii) participation in cannabis-friendly activities (“Adventures”),

Both are for viewing and booking by individuals (“Guests”) who are interested in renting such Accommodations and/or participating in such Adventures.

IT IS THE RESPONSIBILITY OF HOSTS AND GUESTS TO ENSURE THAT THEIR ACTIVITIES ARE COMPLIANT WITH ALL APPLICABLE LAWS, REGULATIONS AND BY-LAWS (COLLECTIVELY “APPLICABLE LAWS”), AS WELL AS ANY LANDLORD OR CONDOMINIUM BOARD RULES AND/OR POLICIES (AS APPLICABLE). HIBNB MAKES NO REPRESENTATION REGARDING THE LEGALITY OF THE ACTIVITIES THAT OCCUR AT ACCOMMODATIONS OR ADVENTURES ADVERTISED ON THIS WEBSITE, AND DISCLAIMS ANY LIABILITY STEMMING FROM ANY SHARING AND/OR USE OF CANNABIS BY HOSTS AND GUESTS.

HOSTS SHOULD BE AWARE OF APPLICABLE LAWS IN THEIR RESPECTIVE JURISDICTIONS. SOME JURISDICTIONS HAVE LAWS THAT RESTRICT THE ABILITY TO HOST PAYING GUESTS OR REQUIRE HOSTS TO REGISTER OR OBTAIN A PERMIT OR LICENCE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF BOOKINGS MAY BE PROHIBITED ENTIRELY. PUBLIC PLACES WHERE THE CONSUMPTION OF CANNABIS IS PERMITTED VARIES FROM PROVINCE AND PROVINCE, STATE AND STATE, COUNTRY AND COUNTRY, AND MAY ALSO VARY FROM MUNICIPALITY TO MUNICIPALITY. PENALTIES FOR NON-COMPLIANCE MAY INCLUDE FINES OR OTHER CONSEQUENCES, FOR WHICH HIBNB DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW. HOSTS SHOULD CONFIRM COMPLIANCE WITH ALL APPLICABLE LAWS BEFORE LISTING ACCOMMODATIONS OR ADVENTURES ON THIS WEBSITE.

STAYHI IS NOT A PARTY TO ANY AGREEMENT BETWEEN HOSTS AND GUESTS.

STAYHI IS NOT A REAL ESTATE BROKER, AGENT, TRAVEL AGENT OR SALES REPRESENTATIVE AND IS NOT AN INSURER OR INSURANCE BROKER. HIBNB HAS NO CONTROL OVER THE CONDUCT OF HOSTS OR GUESTS AND HEREBY DISCLAIMS ALL LIABILITY REGARDING THE ACTIONS OF HOSTS OR GUESTS OR ANY AGREEMENTS BETWEEN THEM TO THE MAXIMUM EXTENT ALLOWABLE BY LAW.

License to Use Website

You may view, download for caching purposes only, and print pages or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

You must not:

• republish material from this Website (including republication on another website);
• sell, rent or sub-license material from the Website;
• show any material from the Website in public;
• reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose not set out in and provided for in these Terms;
• edit or otherwise modify any material on the Website;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; or
• redistribute material from this Website except for content specifically and expressly made available for the purpose of redistribution.

Where content is specifically made available for redistribution, it may only be redistributed in accordance with these Terms, and as permitted by any other contractual arrangement between you and StayHi.

Acceptable Use and Eligibility to Use the Website

You must not use this Website in any way that causes, or may cause, damage to the Website or to StayHi, that may impair the availability or accessibility of the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without StayHi’s express written consent. You must not use this Website to transmit or send unsolicited commercial communications. You must not use this Website for any purposes related to marketing without StayHi’s express written consent.

StayHi has the right to monitor messages between Hosts and Guests and has sole right to intervene in communication between Hosts and Guests where necessary.

StayHi retains the right, in its sole discretion, to terminate your ability to use this Website at any time.

Registration

Access to certain areas and features of this Website, including listing Accommodations and Adventures and viewing Listings, is restricted to registered users.

You must provide accurate, current, and complete information during the registration process and you must keep your StayHi account information up to date at all times. You may not maintain more than one StayHi account and all accounts are to be registered and maintained by a person, and not a corporation, partnership, sole proprietorship or any other entity organized for the purpose of carrying on business for profit.

StayHi does not assume any responsibility for the confirmation of any Guest’s or Host’s identity or age. However, and notwithstanding the foregoing, we may, but have no obligation to, require Hosts or Guests to provide a form of government identification or any other reasonable information designed to facilitate the confirmation of your identity and date of birth.

You are solely responsibility for maintaining the confidentiality of your StayHi user ID and password.

StayHi may disable your user ID and password in StayHi’s sole discretion without notice or explanation.

User Content

StayHi may, in its sole discretion, enable Hosts, Guests, or other users to create, post, upload, send, receive, and store content such as text, photos, audio, video, or other materials and information on the Website. StayHi may also provide the right to access and view the content of other Hosts, Guests or users, as well as content from StayHi, that is made available on or through the Website, including proprietary StayHi content and any content or material licensed for authorized use by or through StayHi from a third party.

In these Terms, “User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose. By uploading, submitting, or otherwise making available your User Content on the Website, you thereby grant StayHi worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media. You also grant StayHi the right to sublicense these rights, and the right to bring an action for infringement of these rights. Specifically, Hosts and Guests acknowledge that all User Content posted in their Listings is free to be used by StayHi for marketing, advertising, or other promotional purposes.

Any User Content uploaded, submitted, or otherwise made available on the Website must not be illegal or unlawful, obscene or offensive, infringe any third party’s legal rights, and it must not be capable under any Applicable Laws of giving rise to any legal action against the user, StayHi, or a third party. You must not submit any User Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint(s). By uploading, submitting, or otherwise making available User Content on the Website, you warrant and represent that the User Content abides by the Terms as set out herein.

StayHi reserves the right, in its sole discretion, to edit, remove, or otherwise alter any User Content or any other material submitted to this Website or stored on StayHi servers, or hosted or published on this Website. Notwithstanding the rights accruing to StayHi under the Terms in relation to User Content, StayHi does not undertake to monitor the submission or the publication of User Content on this Website and accepts no responsibility of liability in respect thereof.

By uploading, submitting, or otherwise making available any information, image, video, statement, or description on the Website, you warrant that it is not fraudulent, false, misleading, deceptive defamatory, libelous, pornographic, vulgar, offensive, that it does not promote racism, hatred, harassment, or harm against an individual or group, that it is not violent or threatening, that it does not promote illegal or harmful activities, violate any StayHi policy or these Terms, and that it may be removed by StayHi in its sole discretion at any time.

Role of StayHi

StayHi does not own or operate any of the listed Accommodations or Adventures. It is not a provider of any Accommodations or Adventures listed on the Website. StayHi is strictly an online platform that promotes Listings and facilitates communication and payments between Hosts and Guests. Accordingly, StayHi has no control over the Accommodations or Adventures. Unless explicitly stated otherwise, StayHi is solely responsible for processing payments between Hosts and Guests, and to make the platform available for Listings. In the hosting of various Listings on the Website, StayHi makes no representations or warranties, nor takes any responsibility for the suitability, condition, safety or legality of the Accommodations or Adventures. StayHi is not responsible and disclaims any and all liability in relation to any and all Listings, Accommodations and Adventures, as well as for the conduct of any Hosts and/or Guests at an Accommodation or an Adventure.

Any information or images reproduced, hosted, conveyed, or made available through StayHi with respect to Accommodations and Adventures listed are only intended to provide a general photographic representation of the Accommodation or Adventure in question, and under no circumstances are they to be construed as a representation by StayHi of the quality, condition, or suitability of the Accommodation or Adventure, nor are they an endorsement of the Accommodation or Adventure. Any statement, video, image, or other description of an Accommodation or Adventure is not an endorsement or certification of the Host or the Accommodation or Adventure by StayHi.

Similarly, StayHi does not attest to, confirm, support, or endorse any Guest reviews or ratings, nor does it validate or otherwise approve of the veracity, quality or accuracy of any reviews on the Website. Any statements, qualifications, reviews, or descriptions about Guests or Hosts are strictly for informational purposes and StayHi strongly encourages users, whether Guests or Hosts, to confirm the veracity or accuracy of any information, images, descriptions, statements, or videos that are used to describe an Accommodation, an Adventure, a Host, or a Guest.

Terms for Hosts

Hosts must be old enough to legally possess and consume cannabis in the jurisdiction in which the Accommodation or Adventure is located. Hosts are not permitted to provide an Accommodation, Adventure or cannabis to anyone who is not of legal age to possess and consume cannabis in the jurisdiction in which the Accommodation or Adventure is located.

When Hosts create a Listing for an Accommodation or Adventure on the Website, they must provide complete and accurate information, disclose any relevant deficiencies, restrictions, or requirements that are applicable at the Accommodation or Adventure, as well as any other reasonable or pertinent information that is requested by a Guest. Hosts are solely responsible for setting a price, including any taxes or charges, such as cleaning fees. Once a Guest has made a booking request, the Host may not request that the Guest pay a higher price than is stated in the Listing. Any cancellation terms in the Listing must not conflict with these Terms.

Hosts must obtain appropriate insurance with respect to their Accommodation or Adventure, with a minimum of $1 Million in general liability insurance coverage including bodily injury and property damage and, in the case of Accommodations, property insurance coverage with a minimum coverage amount equal to the value of the property and its contents. You should review any insurance policy carefully, including but not limited to whether the insurance policy will cover the action of Guests. To be clear, StayHi is not an insurer and is not a party to your contracts with Guests and will not be liable for any damage to any of your property whatsoever.

Hosts may (but are not required to) share (at no charge) cannabis with Guests. Such cannabis may be purchased at a legal cannabis retail store or may be legally home-grown cannabis. Any cannabis shared by a Host must be in accordance with all Applicable Laws, including pertaining to possession limits. Hosts must be individuals. The Accommodations listed on the Website must be the Host’s place of residence. Guests and Hosts are prohibited from marketing, distributing or selling cannabis, or engaging in any other conduct which violates the Cannabis Act or any other Applicable Laws. Hosts must check photo identification of a Guest to confirm age before sharing cannabis.

StayHi does not monitor, and has no obligation to ensure the legality of, any activities of Hosts or Guests at Accommodations or Adventures. However, StayHi retains the right, in its sole discretion, to remove a Host or Guest from the Website at any time and prohibit them from posting Listings or booking Accommodations or Adventures based upon reported conduct.

Upon receipt of a booking confirmation from a Guest, a legally binding agreement is formed between the Host and the Guest, subject to these Terms and any additional terms and conditions (consistent with these Terms) that may be agreed upon between the parties.

Each Host acknowledges that StayHi’s obligation to remit payment to the Host is contingent upon and subject to successful receipt of the associated payment from the Guest and shall be subject to deduction of the agreed-upon service fee payable by the Host to StayHi in respect of the booking. StayHi is not liable to the Host for amounts that are not actually received by StayHi from Guests, and StayHi assumes no liability for any acts or omissions of any Guests or Hosts.

Terms for Guests

Guests (as well as anyone else staying at an Accommodation with them or participating in an Adventure with them) must be of legal age to possess and consume cannabis in the jurisdiction in which the Accommodation or Adventure is located.

StayHi cannot guarantee the purity, safety, or quality of any cannabis that the Host may choose to share with a Guest and makes no representations or warranties with respect thereto. Any cannabis accepted by a Guest from a Host is at the Guest’s own risk.

StayHi makes no representations and provides no warranties for the legality or safety of the activities that occur at Accommodations or Adventures, and specifically disclaims any liability stemming from the production, transportation, provision, sale, use, marketing, advertisement, of cannabis, or any other potential violation of any relevant laws in the jurisdiction by the Guests and/or Hosts that use this Website.

It is the sole responsibility of a Guest booking an Adventure to determine whether their participation in the Adventure would be advisable given their state of health and any inherent risks present with the Adventure. StayHi accepts no liability or responsibility in this regard. StayHi does not review or approve the safety or legality of any Adventure nor does it audit or supervise Adventures. Participation in Adventures is at Guests’ own risk.

Guests agree that their conduct while on the Website, whether communicating with a Host or another Guest or any other individual, and as well for their conduct while staying at an Accommodation or participating in an Adventure, will be respectful, and will not be threatening, intimidating, violent, coercive, illegal, harmful, vulgar, offensive, or otherwise improper or in contravention of these Terms or Applicable Laws.

StayHi does not monitor, and has no obligation to ensure the legality of, any activities of Hosts or Guests at Accommodations or Adventures. However, StayHi retains the right, in its sole discretion, to remove a Host or Guest from the Website at any time and prohibit them from posting Listings or booking Accommodations or Adventures based upon reported conduct.

Upon receipt of a booking confirmation from a Guest, a legally binding agreement is formed between the Host and the Guest, subject to these Terms and any additional terms and conditions (consistent with these Terms) that may be agreed upon between the parties.

Booking Procedure

Users of the Website can create accommodation Listings for Guests. To create a Listing, Hosts will have to answer questions pertaining to the Accommodation or Adventure to be listed, including but not limited to the location, size, property capacity, features, availability, activity and any other specific rules, restrictions, or offerings that the Host wants to impose or offer, so long as they are consistent with and not in violation of these Terms, and any other contracts or documentation required by StayHi. You may also provide accurate and up-to-date photographs of the Accommodation or Adventure.

For each Listing, the Host will choose whether to activate StayHi’s ‘Instant Booking’ feature, which acts as a pre-authorization by Hosts of all booking requests by Guests. Where the Instant Booking feature has been activated, the booking will be confirmed with the Guest (and the Guest’s credit card will be charged) as soon as the Guest verification (as set out below) is completed. If the Instant Booking feature is not activated for a Listing where a booking has been requested, StayHi will (subject to Guest verification, as set out below) advise the Host of the requested booking and the Host will have the option to accept or reject the request. If accepted, the Guest will be advised via the Website and the Guest’s credit card will then be charged.

Hosts acknowledge that any Accommodation will not violate any agreements you have entered into with any third parties, including but not limited to those with condominium or homeowners’ associations, leases, or other rental agreements. Hosts acknowledge that any Accommodation or Adventure listed will not conflict with the rights of third parties. StayHi reserves the right to remove any Accommodation or Adventure listed at its sole discretion without providing any reason or justification therefor.

Subject to any other requirements set by StayHi, Guests may book an Accommodation and/or Adventure. All applicable fees will be presented to you prior to booking. Upon receipt of a booking confirmation from StayHi, a legally binding agreement is formed between the Guest and the Host, in accordance with these terms and any other terms and conditions agreed upon by the Guest and Host.

By using this Website, Guests acknowledge that they understand that each confirmed booking of an Accommodation is a limited licence granted by the Host to enter upon, occupy, and use the Accommodation for the duration of the stay as specified in the booking confirmation, during which time the Host, to the extent permitted by Applicable Laws, retains the right to re-enter the Accommodation.

Guests agree to leave the Accommodation no later than the checkout time that is specified in the booking confirmation. Any occupation, use, or entrance upon the Accommodation past the checkout time is done without licence to do so, and the Host is entitled to remove you from the Accommodation in accordance with Applicable Laws, and to charge additional fees as set out in the booking confirmation. The Guest and Host can mutually agree to extend the Guest’s occupation and use of the Accommodation.

Guests and Hosts using the Website hereby agree that StayHi shall be the Host’s and the Guest’s exclusive payment processor for accepting fees paid by the Guest for Accommodations or Adventures listed on the Website.

Guests and Hosts acknowledge that StayHi is not a party to any agreement between them and, as such, will not be responsible for the obligations of either the Guest or the Host in any such agreements, and StayHi specifically disclaims all liability arising from or related to any such agreements.

Guests are responsible for leaving the Accommodation in the condition that it was in prior to arrival. As a Guest, you acknowledge and agree that you are responsible for your own acts and omissions, and for the acts and omissions of any third parties that you invite into the Accommodation or are otherwise provided access to the Accommodation by you. Guests agree to pay to Hosts all of the costs for repairing damage caused to the Accommodation during their rental. Guests are also responsible for any damage caused by them while participating in an Adventure.

Guests and Hosts shall cooperate with StayHi in good faith at all times, and provide StayHi with such information and take such actions as may reasonably be required by StayHi in response to any complaints, concerns or claims made by Guests or Hosts in relation to Accommodations or any other personal property located thereon, or in relation to Adventures. As a Guest, you acknowledge that a claim may be made under your homeowner’s, renter’s, or any other applicable insurance policy related to any loss or damage that you are responsible for at an Accommodation or to any other personal property located thereon. You agree to provide StayHi with the information necessary to make such an insurance claim.

Notwithstanding the foregoing, StayHi has no obligation to recover losses suffered by Hosts and specifically disclaims any liability for the acts or omissions of Guests, or third parties invited into Accommodations or to Adventures by the Guest.

Guest Verification and Host Guarantee

Superhog is an independent third-party service provider which verifies Guests and puts Host protection in place for Guest damages and liabilities in the form of a guarantee. Further details on the services provided by Superhog and the relevant service terms can be found at www.superhog.com.

Upon completion of an Accommodation Listing, StayHi will share the Host’s name, email address and phone number with Superhog. Superhog will then contact the Host for further information which will be required in order to trigger the mandatory Guest verification service and coverage provided by Superhog. If the Host does not provide the required information to Superhog, or if Superhog declines to provide its services to the Host for any reason, the Listing may be removed by StayHi.

StayHi will charge each Guest a service fee (the “Guest Verification Fee”) of Five Dollars ($5.00 CDN) plus applicable taxes (subject to increase from time to time) per stay to cover the cost of the verification process and insurance backed Host guarantee provided by Superhog.

When a Guest requests booking they will be verified by Superhog which will trigger the Host guarantee for the specified booking. If a Guest is not verified, their request to book will fail and the Host will not be contacted. The Host will only be contacted by Guests who are verified, ensuring that their property will be guaranteed against damage or loss caused by the Guest, up to $1M Euros in property damage and $1M Euros in public liability protection, and subject to further terms and conditions imposed by Superhog. StayHi makes no representations regarding the sufficiency or appropriateness of this coverage.

The guarantee provided by Superhog is made directly by Superhog to the Host and does not involve StayHi. Any claims made by a Host must be pursued directly with Superhog at hello@superhog.com. StayHi will have no liability or role in the resolution or payout of claims.

Accommodation Fees and Commissions

The Listing price for an Accommodation plus any additional fees payable by the Guest such as cleaning charges are collectively referred to as the “Accommodation Price”.

StayHi charges Guests a service fee (“Accommodation Service Fee”) in an amount equal to Fourteen Percent (14%) of the Accommodation Price, plus any applicable taxes. The Accommodation Price plus the Accommodation Service Fee plus the Guest Verification Fee are collectively referred to as the “Accommodation Charge”.

One Hundred Percent (100%) of the Accommodation Charge is paid by the Guest at the time of booking.

The Host shall pay a commission (the “Accommodation Commission”) to StayHi equal to Eight Percent (8%) of the Accommodation Price, plus any applicable taxes.

StayHi shall use reasonable efforts to remit payment to the Host 24 hours after Guest departure. The amount remitted to the Host shall be the Accommodation Price less the Accommodation Commission.

Adventure/Event Fees and Commissions

The Listing price for an Adventure/Event plus any additional fees payable by the Guest are collectively referred to as the “Adventure Price”.

StayHi charges Guests a service fee (“Adventure Service Fee”) in an amount equal to Twelve Percent (12%) of the Adventure Price, plus any applicable taxes. The Adventure Price plus the Adventure Service Fee are referred to as the “Adventure Charge”.

One Hundred Percent (100%) of the Adventure Charge is paid by the Guest at the time of booking.

The Host shall pay a commission (the “Adventure Commission”) to StayHi equal to Ten Percent (10%) of the Adventure Price, plus any applicable taxes.

StayHi shall use reasonable efforts to remit payment to the Host upon confirmation of completion of the Adventure one business day after the scheduled Adventure time. The amount remitted to the Host shall be the Adventure Charge less the Adventure Commission.

Funds

Accommodation Charges and Adventure Charges shall be held by StayHi in a trust account and shall not be commingled with the general funds of StayHi.

The timing of payment remittances to Hosts is dependent upon the performance of StayHi’s third party payment processor and StayHi is not liable for any payment delays beyond its reasonable control.

Cancellation Policy

In all cases, Guests will receive a 100% refund in the case of a cancellation request received via the Website within 24 hours of booking. Beyond this point, StayHi’s default cancellation policy is that until two weeks before the Accommodation date, Guests may receive a 50% cancellation refund. Thereafter, cancellation shall be non-refundable or in extenuating circumstances, at the discretion of the Host.

However, Hosts may create their own cancellation policy, in which case the Host’s cancellation policy shall apply to any cancellation request made more than 24 hours after booking, so long as the cancellation policy terms were disclosed within the Listing at the time the booking was made. If there is any ambiguity in a Host’s cancellation policy, it will be resolved in favour of the Guest.

Fees and Commissions owing to StayHi shall be deemed earned in full 24 hours after booking and shall be non-refundable at that point. Any amount remitted to the Host in respect of a cancellation thereafter shall be net of the Guest refund and any Fee and/or Commission amount earned by StayHi.

No Warranties

This Website is provided “as is” without any representations or warranties, express or implied. StayHi makes no representations or warranties in relation to this Website or the information and materials provided on this Website. Without prejudice to the generality of the foregoing paragraph, StayHi does not warrant that:

• this Website will be constantly available, or available at all; or
• the information on this Website is complete, true, accurate or not misleading. Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitation of Liability

StayHi will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

• to the extent that the Website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any personal injury (including death), property damage, business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

StayHi’s liability to you on any basis whatsoever shall not in any case exceed, in the case of a Guest, the amount paid by the Guest for Accommodations or Adventures, or in the case of Host, the commission paid by the Host to StayHi for its services.

These limitations of liability apply even if StayHi has been expressly advised of a potential loss.

By using this Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or third parties who caused you injury. You agree not to seek any legal remedy from StayHi with respect to any errors or omissions by users or third parties. This limitation of liability shall not apply to a claim by a Host against StayHi regarding the processing of payments received from a Guest on behalf of a Host.

By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.

Exceptions

Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. If any provision of these Terms is, or is found to be, unenforceable under Applicable Laws, that will not affect the enforceability of the other provisions of these Terms.

Indemnity

You hereby agree to indemnify and save harmless StayHi, its officers, directors, shareholders, employees, contractors and agents (collectively, the “Indemnified Parties”) and undertake to keep the Indemnified Parties indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Indemnified Parties to a third party in settlement of a claim or dispute on the advice of StayHi’s legal advisers) incurred or suffered by an Indemnified Party arising out of: (i) your use of the Website, and any resulting Listing, Accommodation or Adventure; or (ii) any breach by you of any provision of these Terms.

Breach of These Terms

Without prejudice to StayHi’s other rights under these Terms, if you breach these Terms in any way, StayHi may take such action as StayHi deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Bookings between a Host and a Guest that take place outside of the Website are strictly prohibited and automatically exclude all liability on the part of StayHi.

Assignment

StayHi may transfer, sub-contract or otherwise deal with StayHi’s rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms without the written consent of StayHi.

Registration

These Terms, along with any additional terms provided in a booking confirmation, constitute the entire agreement between you and StayHi in relation to your use of this Website and supersede all previous agreements in respect of your use of this Website.

Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and any disputes relating to these Terms shall be brought exclusively in the Ontario Superior Court of Justice.

Legal, copyright, and other questions or concerns should be directed to hi@stayhi.com.