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Terms and Conditions

WeChalet welcomes you to our Websites (www.wechalet.com, www.wechalet.ca, www.wechalet.fr). By browsing the Website or using Services available on the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our accompanying Privacy Policy, and to comply with applicable laws and regulations. If you do not accept these Terms of Use, then you are not granted permission to browse, access, or otherwise use the Website or the Services. Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

WeChalet welcomes visitors to the Website to browse and learn about our Services without charge or registration. In order to use the Services, including accessing information regarding availability of accommodations, booking a reservation, or purchasing other products and services, visitors must complete the registration process at https://www.wechalet.com/login. Once registered, Guests and Hosts may use the Services offered by WeChalet via the Website. Our Community Rules are hereby incorporate into these Terms of Use.

CONTENT

Content available on the Website includes:

WECHALET CONTENT

The Website contains materials, such as data, text, graphic, images, sound recordings, audiovisual works, and other materials provided by WeChalet or its licensors including, by way of example, WeChalet photographs of Host properties, WeChalet edited photographs of Host properties, profiles, text and other information regarding Host properties and the surrounding neighborhoods prepared by WeChalet, all of which is owned exclusively by WeChalet.

USER GENERATED CONTENT

Hosts and Guests may provide or generate content for the Website including, but not limited to, text, photographs, listings/information, communications between users (through the Website or a third party website), feedback, questions, commentary, postings, files, images, video, audio, and other materials (“User Generated Content,” and, collectively with the WeChalet Content, the “Content”).

You are solely responsible for any User Generated Content that you provide, and the consequences of posting or transmitting, linking or publishing all or any part of such User Generated Content. More specifically, you are solely responsible for all User Generated Content that you upload, email or otherwise make available via the Services. User Generated Content is not confidential, may be freely monitored by WeChalet (although WeChalet has no obligation to do so), and may be made public by WeChalet in its sole discretion.

In connection with User Generated Content you post on, transmit through, or link from the Services, you affirm, acknowledge, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such User Generated Content) to use such User Generated Content for (a) the Services and on the Website, (b) inclusion and use in the manner contemplated by the Services, the Website and these Terms of Use, and (c) commercial purposes through any channels including, without limitation, videos; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business included in the User Generated Content to use the name or likeness of each and every such identifiable individual person or business for all of the foregoing purposes.

You retain all of your ownership rights in your User Generated Content; however, by submitting the User Generated Content to WeChalet, you hereby grant to WeChalet an irrevocable, non-cancellable, perpetual, worldwide, exclusive, royalty-free, sub-licenseable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content including, without limitation, for commercial purposes, and promoting and redistributing part or all of the User Generated Content (and derivative works thereof) in any media formats and through any channels now or hereafter known. As the exclusive licensee of User Generated Content, you hereby grant to WeChalet the exclusive right to enforce copyrights in the User Generated Content against anyone copying republishing, distributing, or preparing derivative works of the User Generated Content without Your consent. Furthermore, by you posting User Generated Content, you agree to and do hereby grant to WeChalet exclusive rights to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, exploitation or commercial use of the User Generated Content by any party for any purpose. You also hereby grant visitors to the Website, Guests and Hosts a non-exclusive license to access, view and display, but not to otherwise access, distribute or copy, your User Generated Content through the Website. For avoidance of doubt, you hereby represent that you have not, and will not, grant any license rights to your User Generated Content for the purposes of crawling, scrapping, or using automated means (e.g., data mining, robots, crawlers, spiders, or similar extraction tools) on or through the Website to obtain any data or information.

INTELLECTUAL PROPERTY RIGHTS

CONTENT

The Content may be owned by us, by you, or by third parties, and is protected under Canadian and foreign laws. Except as may be specifically authorized by WeChalet, You are prohibited from using the Content (including any WeChalet Trademarks) for any purpose including, without limitation, any use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with WeChalet. Unauthorized use of the Content will violate these Terms of Use and applicable laws. Except for your own User Generated Content, you hereby agree: (i) you have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement; (ii) to retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content, (iii) not to sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use or exploit the Content in any way for any public or commercial purpose. Except for your own User Generated Content, the publication, use or posting of the Content on any other website, in a networked computer environment, or in any other forum for any purpose is expressly prohibited.

SECURITY

You agree not to circumvent, disable or otherwise interfere with security related features of the Website or the Services, including any features that prevent or restrict use or copying of any Content or Services, or enforce limitations on use of the Website, the Services or the Content. You shall not decompile or disassemble, reverse engineer or otherwise attempt to discover, acquire, copy or emulate any source code or object code contained in the Services or the Website.

USER GENERATED CONTENT

We reserve the right (although we have no obligation), to monitor User Generated Content, and remove any User Generated Content at any time, in our sole discretion, without any notification or explanation. User Generated Content may be readily accessible to the public via the Website, including any confidential information and personally identifying information that you may make available online. With respect to User Generated Content, we shall be free to use any ideas, concepts, know-how, or techniques contained therein for any purpose whatsoever including, but not limited to, the development, production and marketing of products and services that incorporate such information.

TRADEMARKS

WeChalet is the owner of certain trademarks, service marks and logos (registered and unregistered) (the “WeChalet Trademarks”). Other product and service names and logos used and displayed on this Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to WeChalet. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the WeChalet Trademarks displayed on this Website, without our prior written permission in each instance. All goodwill generated from the use of the WeChalet Trademarks will inure to our benefit.

ACCEPTABLE USE POLICY

By accessing and/or using the Website or the Services, You hereby agree that:

  • You will not use the Services for any unlawful purpose;
  • You will not upload, post, e-mail, transmit, or otherwise make available any Content that:
  • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
  • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
  • discloses any sensitive or personal information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
  • You will not “stalk” or otherwise harass another person;
  • You will not spam or use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means.

Any activities (including but not limited to posting voluminous content) that are inconsistent with use of the Website, Services or Content in compliance with these Terms of Use or the Acceptable Use Policy, or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of the Website, Services or Content in any manner are expressly prohibited. Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any unauthorized or prohibited activities is also expressly prohibited and is a violation of these Terms of Use.

Let us know if you notice inappropriate conduct on the Website or in connection with the Services, or believe that a user has violated our Acceptable Use Policy. We will investigate and take appropriate action.

LINKS TO OTHER WEB WEBSITES

This Website may periodically provide links to third party websites (“Third-Party Websites”) as well as other websites operated by WeChalet (“Other WeChalet Websites”). This Agreement governs only this Website and not any Third Party Websites or Other WeChalet Websites. Our decision to link to a Third-Party Website is not an endorsement of the content or services in that linked Third Party Website. If you decide to access linked Third-Party Websites, you do so at your own risk. You should direct any concerns regarding any Third-Party Websites to the administrator of the applicable Third-Party Website. We also prohibit the use of any links to the Website from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Website with any other website.

ADVERTISEMENTS ON THIS WEBSITE

WeChalet, in its sole discretion, may post the advertisements of third parties on the Website. The display of advertisements on the Website is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by WeChalet. Your correspondence or any other dealings with advertisers found on this Website are solely between you and such advertiser and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Website.

SEARCH ENGINES

Anyone accessing a Website, a Service, or any Content, or any portion thereof, in any manner whatsoever, whether by logging into the URL, or in any other way accessing or using the IP address of any Website, or accessing the server from which WeChalet or its agent hosts any Website, or downloading, looking at, or in any way or format accessing the Content (including, without limitation, crawling, scrapping, or otherwise obtaining data or information), is subject to these Terms of Use.

You have no right to (i) collect, aggregate, copy, duplicate, display or create derivative works of the Services or any Content available on the Website (except for your own User Generated Content), (ii) engage in crawling, scrapping or similar activities, or (iii) use automated means, including data mining, robots, crawlers, spiders, or similar data gathering, extraction tools and the like on any Website for any purpose. You agree not to use any means or measures whatsoever to circumvent any technological measure in place to prevent unauthorized use of the Website, the Content or the Services. Any copying, aggregation, display, distribution, performance or derivative use of any content posted on the Website whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited.

Any access to or use of the Website to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with WeChalet (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.

If you access the Website or copy, display, distribute, perform or create derivative works from the Website pages or other WeChalet intellectual property in violation of these Terms Of Use or for purposes inconsistent with these Terms Of Use, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on the Website or any provision of these Terms of Use that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of the Website pages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and rights of WeChalet pursuant to 17 U.S.C. § 1201.

Notwithstanding the foregoing WeChalet may, by prior written consent in each case, permit general purpose internet search engines (that provide a method of “opt-out”), and non-commercial public archives that gather information to access the Website for the sole purpose of displaying hyperlinks to the Services, Content or the Website, provided that, (i) they do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, and (ii) specifically exclude any website, search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services.

Anything to the contrary contained herein notwithstanding, WeChalet specifically reserves the right to terminate your access and use of the Website, the Services and/or the Content, including any ability to extract data from or through the Website, for any reason or no reason, at its sole discretion.

SECURITY OF THE WEBSITE

Actual or attempted unauthorized use of the Website, the Content or the Services may result in criminal and/or civil prosecution. WeChalet reserves the right to view, monitor, and record activity on the Website without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Website. WeChalet will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

NO ENDORSEMENT

WeChalet does not endorse any User Generated Content or any opinion, statement, recommendation, claim or advice expressed in any User Generated Content, and expressly disclaims any and all liability associated with User Generated Content. You acknowledge and agree that WeChalet is not liable for your interactions with any individuals and/or organizations on or through the Website, the Content or the Services including, but not limited to, the quality, availability or safety of any accommodations offered by Hosts, payment by Guests and/or their behavior, and any other terms, conditions, warranties or representations associated with any interaction or transaction you may have with individuals and/or organizations. Any and all such dealings are solely between you and such organizations and/or individuals. In the event of any dispute, you understand and agree that WeChalet is under no obligation to become involved in any capacity. In the event that you have a dispute with one or more other users, organizations, individuals or other third parties, you hereby unconditionally release WeChalet and its affiliates (and its and their respective officers, employees, agents and successors) from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, and/or the Services, Content or the Website.

NO RESPONSIBILITY FOR CONNECTIVITY

You are solely responsible for the means you use to access the Website and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Website.

TERMINATION

We may terminate this Agreement and your access to all or any part of the Website, the Content or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website, the Content or the Services at any time without prior notice or liability.

WARRANTY DISCLAIMER

WECHALET, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “WECHALET PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE WEBSITE, THE SERVICES, OR THE CONTENT (THE “MATERIALS”) INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT YOU USE THE MATERIALS ENTIRELY AT YOUR OWN RISK. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE WECHALET PARTIES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE MATERIALS WILL BE FREE FROM VIRUSES OR MALWARE, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE MATERIALS. NONE OF WECHALET PARTIES WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY THIRD PARTY WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NONE OF WECHALET PARTIES WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMIT OF LIABILITY

IN NO EVENT SHALL THE WECHALET PARTIES, OR ANY OF THEM, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE MATERIALS, OR YOUR PURCHASE OR RENTAL OF PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE WECHALET PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME TERRITORIES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH TERRITORIES, OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS, OR (II) THE AMOUNT PERMITTED BY APPLICABLE LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY OF THE MATERIALS IS TO STOP USING THE WEBSITE OR THE SERVICES.

INDEMNITY

You agree to defend, indemnify and hold the WeChalet Parties harmless from and against any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from: (i) your use of and access to the Materials; (ii) your violation of these Terms of Use; (iii) your violation of any third party right including, without limitation, any intellectual property right, privacy right, or right of publicity; or (iv) any claim that your User Generated Content, or the products and services sold or rented via the Website, caused damage to a third party. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense. This defense and indemnification obligation will survive termination, modification or expiration of these Terms of Use and your use of the Materials.

RELEASE

You hereby release WeChalet, its subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the Websites, the Services or the Content, or any interactions or transactions with others arising out of or related to the Website, the Services or the Content, and you expressly waive the provisions of California Civil Code Section 1542 (and any similar laws in other jurisdictions), which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

DIGITAL MILLENNIUM COPYRIGHT ACT

WeChalet will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

WECHALET,
REGARDING: DMCA
Attention:9224-1108 Quebec inc.
150 Cooledge
Austin, Quebec, J0B1B0

If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

MISCELLANEOUS

These Terms of Use are governed by the internal substantive laws of Canadan, without respect to its conflict of law provisions, and all disputes arising hereunder will be resolved in federal court located in Canada. You acknowledge that your access to the Website, the Services and/or the Content constitutes a volitional action within Canada, and you expressly agree to submit to the exclusive personal jurisdiction of the federal courts sitting in Canada.

YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE MATERIALS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT WECHALET MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER CANADIAN LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If any provision(s) of these Terms of Use is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms of Use shall not in any way be affected or be impaired. The failure of WeChalet to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

In addition to any provision regarding termination and your License Grant to WECHALET for the User Generated Content, the following provisions shall survive termination or expiration of these Terms of Use: “Intellectual Property,” “Warranty Disclaimer,” “Limitation of Liability,” “Indemnification,” and “Miscellaneous.”

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WeChalet without restriction. Any assignment or transfer by you shall be null and void. These Terms of Use shall inure to the benefit of and be binding upon each party’s successors and our permitted assigns.

You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Website and the Services. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of Canada. You are prohibited from any use of the Website or the Services that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, provincial, national or international law or regulation. All rights not expressly granted herein are reserved by WECHALET and its licensors.

QUESTIONS.

Thank you for your cooperation. Questions or comments regarding this Website and/or Services, including any reports of non-functioning links, should be submitted using our email address support@wechalet.com. We will use commercially reasonable efforts to respond in a timely manner.

TERMS OF SERVICE

These Terms of Service govern your use of Services made available to you by WeChalet via the Websites (www.wechalet.com, www.wechalet.ca, www.wechalet.fr) on condition that you accept these Terms of Service, and confirm your acceptance of the Privacy Policy and Terms of Use posted on the Website (collectively, the “Agreement”). The terms “You” or “Your” refers to the person accessing or using the Services. If you are entering into this Agreement on behalf of a legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “You” or “Your” refers to such entity. BY CLICKING THE “ACCEPT” BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THE AGREEMENT. IF YOU DO NOT ACCEPT THE AGREEMENT, OR DO NOT HAVE AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES. Unless otherwise stated herein, all defined terms shall have the meaning set forth in the Terms of Use and Privacy Policy.

SERVICES

WeChalet provides an online platform that connects hosts who have accommodations for rent (“Hosts”) with guests seeking to rent such accommodations (“Guests”) (each, a “Subscriber” and collectively, the “Subscribers”) Through the Services, Hosts may create listings for accommodations and Guests who are interested in such listings may book those accommodations. You may browse the Website and review listings for accommodations as a visitor, but if you wish to check availability, book an accommodation or create a listing, you will need to register through the Website to create an account.

You understand and agree that WeChalet is not: (a) a party to any rental or other agreements between Hosts and Guests; (b) a real estate broker, agent or insurer; (c) an owner or manager for any rental property listed on the Website by a Host; or (d) a provider or operator of hotel rooms, motel rooms, other lodgings or travel services.

You are using this Website and the Services at your own risk and you are personally responsible for verifying their suitability for your needs.

REGISTRATION

During the online registration process, you will be asked to provide your name, email address and other information, and create a user name and password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.

You shall be solely and exclusively responsible for using this Website and the Services strictly in accordance with applicable laws. You will not make the Services available to any third party, remove or modify any proprietary marking or restrictive legends placed on the Services or the Website, or introduce into the Services or the Website any device, software, virus, worm, “back door,” Trojan Horse, or similar harmful code.

WECHALET RESERVATION OF RIGHTS

WeChalet is under no obligation to accept any individual as a Subscriber to the Services, and may accept or reject any applicant in its sole and complete discretion.

ACCOMMODATION LISTINGS

Once registered, Subscribers may create listings for properties that they are legally authorized to list for rental. WeChalet will ask you to provide information about the property to be listed, such as its address, square footage/meters, number of rooms/bedrooms/bathrooms, features, neighborhood, pricing per night, deposit preferences, financial terms, standards and rules. Guests will book your property through the Services based on the information you provide in your listing. The price for any booking may not be altered once a Guest has confirmed a booking of your accommodation.

Subscribers listing any property acknowledge and agree that they are solely responsible for any and all listings they post. Accordingly, each Host represents and warrants that any listing and any stay by any Guest at any such accommodation will be in compliance with all applicable laws, tax requirements, rules, regulations zoning laws and laws governing rentals of residential and other properties, will not breach any agreements with any third parties, and will not conflict with the rights of third parties. You are solely responsible for evaluating the listed accommodations and ensuring that they comply with applicable law.

ACCOMMODATION BOOKINGS

Hosts are required to confirm or reject a Guest’s booking request within 24 hours of the submission of such request, or the request will be automatically canceled. If the Host confirms a Guest’s booking request within the twenty-four hour period, then the Guest’s credit card will be charged an amount equal to the reservation fee.

HOST SERVICE FEE

If you are a Host, it is currently free to list your properties with us.

Each listing posted on the Website by a Host shall reference the rate associated with booking the accommodation. All rates are inclusive of all applicable fees.

When needed, we may use a third-party payment processor to process your payment. You warrant and represent that you are the valid owner or an authorized user of the credit card / Bank account / PayPal account you provide, and that all such information is accurate.

Each listing posted on the Website by a Host shall reference the rate associated with booking the accommodation. All rates are inclusive of all applicable fees.

The Host Service Fee of 3% (plus applicable taxes) is an administrative fee charged to the Host by WeChalet for provision of services such as facilitating the collection of payments, international marketing and promotion, and customer support.

Hosts will be paid in accordance with our payment schedule 24 hours after the arrival of Guests. WeChalet reserves the right, in its sole discretion, to change the WeChalet Host Service Fee at any time without notice to Subscribers.

The Security Deposit will be charged to the Guest only if there is damage to the Host property (see Security Deposit Policy below). WeChalet will remove and retain the Host Service Fee from the Total Fee prior to remitting the balance to the Host. Hosts may be paid via PayPal, or bank deposits. The Host is solely responsible for paying all applicable taxes and bank fees on the amounts remitted by WeChalet.

GUEST SERVICE FEE

Guest service fees are calculated on (i) the price per night for the property multiplied by the number of nights confirmed in the booking (the “Property Fee”), (ii) Cleaning Fee and (iii) Extra Services from Hosts. Hosts are given the option in their account settings to specify a Security Deposit in $/€/£, and a Cleaning Fee, which will be applied to every booking of the Host property. The Host may change the Security Deposit and/or the Cleaning Fee at any time. The WeChalet Guest Service Fee varies between 6% and 12% (plus applicable taxes) of the total amount depending on the duration of the stay. The Guest Service Fee is paid to WeChalet in consideration for its provision of services such as facilitating the collection of payments, distribution, international marketing and promotion, and customer support.

HOSTS AND GUESTS RESPONSABILITIES

Guests are responsible for providing a valid credit card number at the time of submitting a booking request and, for Hosts, information regarding deposit of Booking Payments such as banking information. You represent and warrant that you are an authorized user of such credit card and authorized to provide the applicable banking information, and you agree to pay all charges resulting from your booking of an accommodation, including damages incurred per the security deposit below, or incidentals as agreed between you, the Guest, and the Host property. If the Host confirms the requested booking within the 24-hour period, you, as Guest, hereby authorize WeChalet to immediately charge your credit card for an amount up to the Total Fee. In the event of a partial payment or deposits, you, as Guest also authorize WeChalet to charge your credit card for the remaining share of the Total Fee at least four (4) weeks prior to your scheduled arrival or as otherwise specified by the Host in the Host’s payment policy which can be viewed by clicking the TOS link on the booking page. If a Guest books an accommodation less than four (4) weeks before the confirmed date of arrival, WeChalet shall charge your credit card for the entire amount of Total Fee due immediately upon confirmation of the booking. The failure of the credit card charge to be completed for any reason will result in the immediate termination of any confirmed booking. WeChalet will provide notice to the Guest and Host in the event the credit card is declined. WeChalet cannot control any transactional fees charged by the credit card provider including, without limitation, credit card service fees, currency conversion fees and any and all other fees, and WeChalet expressly disclaims any and all liability for such charges. WeChalet accepts payments in CAD/USD/EURO/GBP.

SECURITY DEPOSIT POLICY

To avoid conflicts and breakages, we recommend that all breakables and items of value are stored out of the way of the smallest guests. We also understand accidents happen, so we encourage our Subscribers to work together cooperatively on a voluntary basis to resolve any claimed property damage

A Host must submit a damages claim to WeChalet (via email to support@wechalet.com), within 48 hours of the guest’s departure. WeChalet shall use commercially reasonable efforts to forward such claim to the applicable Guest. Any such claims must specify the claimed damages in writing and provide photographs. Upon request, WeChalet may, at its sole discretion, endeavor to assist Subscribers in resolving the claim(s). Notwithstanding the foregoing, Subscribers are solely responsible for pursuing and/or resolving any and all claims or disputes by or among them, or with a third party, that may arise in connection with the Services, the Website and/or the Content including, but not limited to, filing legal and/or equitable claims, and notifying insurance companies. The Guest’s credit card will be charged for the amount of the Security Deposit, or portion thereof, that the parties agree is owed in connection with the property damages claim. The guest will be responsible for the 3% credit card fee associated with processing the security deposit.

CANCELLATIONS

WeChalet allows hosts to choose amongst three standardized cancellation policies (Flexible, Moderate, and Strict) that we will enforce to protect both guest and host alike. The Long-Term cancellation policy applies to all reservations of 28 nights or more. Each listing and reservation on our site will clearly state the cancellation policy. Guests may cancel and review any penalties by viewing their travel plans and then clicking ‘Cancel’ on the appropriate reservation.

Flexible: Full refund within limited period

  • Cleaning fees are always refunded if the reservation is canceled before check-in.
  • The WeChalet service fee is refundable, up to 3 times per year, within 48 hours of booking. Separately, if a guest cancels a reservation that overlaps with any part of an existing reservation, we won’t refund the WeChalet service fee if they decide to cancel.
  • Accommodation fees (the total nightly rate you’re charged) are refundable in certain circumstances as outlined below.
  • If there is a complaint from either party, notice must be given to within 24 hours of check-in.
  • WeChalet will mediate when necessary and has the final say in all disputes.
  • A reservation is officially canceled when the guest clicks the cancellation button on the cancellation confirmation page.
  • Cancellation policies may be superseded by the Guest Refund Policy, extenuating circumstances, or cancellations by WeChalet for any other reason permitted under the Terms of Service.

Moderate: Full refund within limited period

  • Cleaning fees are always refunded if the reservation is canceled before check-in.
  • The WeChalet service fee is refundable, up to 3 times per year, within 48 hours of booking. Separately, if a guest cancels a reservation that overlaps with any part of an existing reservation, we won’t refund the WeChalet service fee if they decide to cancel.
  • Accommodation fees (the total nightly rate you’re charged) are refundable in certain circumstances as outlined below.
  • If there is a complaint from either party, notice must be given to WeChalet within 24 hours of check-in.
  • WeChalet will mediate when necessary and has the final say in all disputes.
  • A reservation is officially canceled when the guest clicks the cancellation button on the cancellation confirmation page.
  • Cancellation policies may be superseded by the Guest Refund Policy, extenuating circumstances, or cancellations by WeChalet for any other reason permitted under the Terms of Service.

Strict: 50% refund up until 1 week prior to check in

  • Cleaning fees are always refunded if the reservation is cancelled before check-in.
  • The WeChalet service fee is refundable, up to 3 times per year, within 48 hours of booking. Separately, if a guest cancels a reservation that overlaps with any part of an existing reservation, we won’t refund the WeChalet service fee if they decide to cancel.
  • Accommodation fees (the total nightly rate you’re charged) are refundable in certain circumstances as outlined below.
  • If there is a complaint from either party, notice must be given to WeChalet within 24 hours of check-in.
  • WeChalet will mediate when necessary and has the final say in all disputes.
  • A reservation is officially canceled when the guest clicks the cancellation button on the cancellation confirmation page.
  • Cancellation policies may be superseded by the Guest Refund Policy, extenuating circumstances, or cancellations by WeChalet for any other reason permitted under the Terms of Service.

Long-Term: First month not refundable, 30-day notice for cancellation

  • Note: The Long Term cancellation policy applies to all reservations of 28 nights or more.
  • Cleaning fees are always refunded if the reservation is canceled before check-in.
  • Accommodation fees (the total nightly rate you’re charged) are refundable in certain circumstances as outlined below.
  • If there is a complaint from either party, notice must be given to WeChalet within 24 hours of check-in.
  • WeChalet will mediate when necessary and has the final say in all disputes.
  • A reservation is officially canceled when the guest clicks the cancellation button on the cancellation confirmation page.
  • Cancellation policies may be superseded by the Guest Refund Policy, extenuating circumstances, or cancellations by WeChalet for any other reason permitted under the Terms of Service.

Guests are required to have read and understood these cancellation policies before submitting a reservation request. By clicking ‘Request to Book’, guests agree to these cancellation policies. We strongly urge guests to consider travel insurance to help in the case of extenuating circumstances. WeChalet reserves the right to change these policies. If you do wish to cancel your reservation, you MUST email your host to notify them of your intention to cancel. We are unable to cancel a reservation in line with the applicable cancellation policy if you do not notify your host.

In the rare event that a host cancels your reservation before your check-in date, your host and/or WeChalet will email you to let you know. There are two options available if this happens:

  • We will transfer your payment to another listing on WeChalet. We will help you find a suitable alternative property. As soon as you are happy with the alternative and the new host has accepted the booking, we will arrange for your payment to be applied to the new property to make the reservation live. You can then contact the host directly through the site to co-ordinate new arrival logistics, welcome at the home, etc.
  • We will fully refund you (including WeChalet service fees). If we are unable to find you suitable alternative accommodation, then we would offer you a full refund, including any service fees that are charged by WeChalet. Whenever you make a booking through WeChalet, We strongly urge all of our guests to take out adequate travel insurance to ensure you are fully covered for any eventuality that could occur after booking or during your stay.

USER CREDITS AND DISCOUNT CODES

From time to time WeChalet may provide user credits and/or discount codes in the form of marketing coupons and customer service credits (“Promotional Codes”). Promotional Codes are intended for single use only and may not be transferred to another person. Each Promotional Code is valid for a limited time and expires on the date specified in the offer details. A Promotional Code has no cash value and is not for resale and may not be redeemed for cash. WeChalet reserves the right, in its sole discretion, to discontinue any Promotional Code at any time.

LICENSE GRANT

WeChalet grants Subscriber a non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Website, the Content, and the Services.

INSURANCE

WeChalet does not provide liability or property insurance for Subscribers. Subscribers are solely responsible for obtaining insurance coverage sufficient to protect their properties and Guests during the entire duration of their stay. Hosts agree that they have or will obtain the appropriate insurance coverage sufficient to cover all property and bodily harm arising from the rental of the property they list through the Services prior to the arrival of their first Guest. Hosts further agree to maintain and increase the insurance amounts, as needed, so as to carry all appropriate and adequate amounts through the departure date of any Guest booked through the Services. WeChalet recommends that Subscribers carry all applicable travelers, liability, renters, homeowner’s and any other appropriate insurance to cover any losses to person and/or property during each Guest’s stay. Please contact your insurance broker, carrier or respective provider to be sure your coverage encompasses Guests within the premises of your home for the duration of their stay. Subscribers agree to provide WeChalet copies of relevant proof of coverage upon request. We strongly urge guests to consider travel insurance to help in the case of extenuating circumstances.

INTERNATIONAL USE

This Website and the Services are intended to be used internationally. Anyone who accesses the Website or uses the Services from outside Canada does so at their own initiative and risk and is responsible for compliance with all applicable laws.

GIVEAWAYS

WeChalet may sponsor giveaways through the Website or otherwise in connection with the Services. Eligibility, entry, and other applicable rules will be provided at the time of entry. All giveaways are void where prohibited by law. No purchase is necessary to enter, and a purchase will not increase your chance of winning.

DISCLAIMER OF WARRANTIES

WECHALET, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “WECHALET PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE WEBSITE, THE SERVICES, OR THE CONTENT (THE “MATERIALS”) INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT YOU USE THE MATERIALS ENTIRELY AT YOUR OWN RISK. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE WECHALET PARTIES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE MATERIALS WILL BE FREE FROM VIRUSES OR MALWARE, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE MATERIALS. NONE OF WECHALET PARTIES WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY THIRD PARTY WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NONE OF WECHALET PARTIES WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

THE WECHALET PARTIES DO NOT ENDORSE ANY HOST, GUEST, OR ANY CONTENT (INCLUDING, WITHOUT LIMITATION, ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY ANY SUBSCRIBER). YOU ACKNOWLEDGE THAT THE WEBSITE AND THE SERVICES MERELY PROVIDE A VENUE THAT ALLOWS HOSTS TO CONNECT WITH GUESTS. NONE OF THE WECHALET PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN HOSTS AND GUESTS OR FOR ANY RESULTS CAUSED BY USING THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INJURY OR PROPERTY DAMAGE. NONE OF THE WECHALET PARTIES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY HOST OR GUEST. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ANY OF WECHALET PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE, THE SERVICES OR THE CONTENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS WEBSITE, THE SERVICES AND THE CONTENT. IN NO EVENT SHALL THE WECHALET PARTIES, OR ANY OF THEM, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE MATERIALS, OR YOUR PURCHASE OR RENTAL OF PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE WECHALET PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME TERRITORIES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH TERRITORIES, OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS, OR (II) THE AMOUNT PERMITTED BY APPLICABLE LAW.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY OF THE MATERIALS IS TO STOP USING THE WEBSITE OR THE SERVICES.

INDEMNIFICATION

You agree to defend, indemnify, and hold WeChalet Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the Website, the Content, or the Services; (iii) any User Generated Content provided through your account; (iv) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; and (v) any claims brought against WeChalet by a Subscriber as a result of your acts or omissions.

TERMINATION

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, the Content and/or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this Website, the Content and/or the Services at any time without prior notice or liability. You may terminate this Agreement at any time upon the provision of written notice to us by email to support@wechalet.com.

MODIFICATIONS

We reserve the right to amend this Agreement at any time and from time to time without notice. If you use the Website and/or the Services after this Agreement has been posted, you will be deemed to have agreed to this Agreement. If you do not agree to the modified Agreement, you should discontinue your use of the Services, which termination is your sole and exclusive remedy.

MISCELLANEOUS

In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled limitation of liability, indemnification, miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release WeChalet Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of Canada. Except for proceedings commenced by WeChalet to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by federal courts of Canada. This Agreement contains the entire agreement of the parties concerning this Website and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations, which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Website. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of Canada. You are prohibited from any use of the Website that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, provincial, national or international law or regulation. All rights not expressly granted herein are reserved by WeChalet.

You consent and agree that Your clicking of the “Create an account” button constitutes Your electronic signature, acceptance, and agreement under the Canada E-SIGN legislation and that such electronic signature will meet the requirements of an original signature as if actually signed by You in writing. Further, You agree that no certification authority or other third-party verification is necessary to the enforceability of Your signature. At our request, any electronically signed document must be re-executed in original form by You. No party hereto may raise the use of an electronic signature as a defence to the enforcement of these Terms or any amendment or other document executed in compliance with these Terms.

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