Unless otherwise specified, the entity controlling this site you are accessing is referred to herein as “Cozystay,” “we,” “us,” or “our.”
The term “you” may mean a guest or a host, when applicable. The term “you” does not mean the entity controlling this site you are accessing.
Cozystay’s Privacy Policies and Refund and Cancellation Policies are hereby incorporated into this Agreement (hereinafter defined). Please read them by clicking the applicable hyperlinks above.
PLEASE READ THE TERMS BELOW CAREFULLY AS THEY ARE LEGALLY BINDING ON YOU AND WILL AFFECT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
By using this website and related services, you are contracting with Cozystay and its applicable subsidiaries, affiliates, or business partners. This website provides an online platform and related services to assist customers in gathering vacation rental travel information, determining the availability of travel-related goods and services, making legitimate personal vacation rental inquiries, rental reservations, paying for such reservations or otherwise transacting business without travel suppliers, and for no other purposes. This website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. If you do not accept all of the terms and conditions, please do not use this website. Please return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice. By continued access or use of this website, you agree to accept any update or modification of the Agreement by us from time to time. If you are a property manager who advertises on this website, (a “Manager”), you will be subject to additional restrictions.
If you are a host, you represent and warrant that you have reviewed and complied with all applicable laws in your jurisdiction required for providing accommodation to guests prior to listing a space on Cozystay. You also represent and warrant that you have the legal right to list the space on Cozystay and the legal right to lease the space to guests. You further represent and warrant that all descriptions that you provided in your listing information, including without limitation the quality, condition, safety or legality of the property advertised, are true and accurate.
Whether you are a host or a guest, you agree that you are responsible to abide by all laws, rules, and regulations to the listing of the applicable property and the conduct of the applicable rental business, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable.
Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on this website (the “Site”), there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation at our sole discretion.
Prior to booking or listing an accommodation on this Site, you must register an account and become a registered user. You can also register to join by logging into your account with a third-party service provider, such as Facebook. Cozystay shall collect and store any information obtained in accordance with its privacy policies, which may be amended from time to time.
Cozystay reserves the right, with or without notice to you, with or without cause, to limit, suspend, deactivate, and/or cancel your Cozystay account.
Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a vacation or short term rental property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Agreement. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Agreement or as otherwise authorized by us in writing is expressly prohibited.
The license to use the Site only extends to the uses expressly described herein. The license to use the site granted to users in these Terms does not include any right to collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission. Provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same of which is in the business of providing vacation property rental services or other services that compete with us.
Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:
Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
If you are a host, when you create a listing for your lodging, a transaction fee will be calculated based on the listing price of the lodging. By finalizing the listing, you acknowledge and agree that the service charge displayed will be owed to Cozystay and deducted from the payment you will receive from Cozystay, in accordance with Cozystay’s then current payment and refund policies, which may be amended from time to time.
If you are a guest, when you reserve a listing on Cozystay, a service fee will be added to the listing price. Such service fee will be calculated as a percentage of the value of the lodging. By finalizing the reservation, you acknowledge and agree to Cozystay’s then current payment and refund policies. The service fee may be un-refundable when you cancel your reservation. Cozystay reserves the right to charge a foreign currency processing fee where applicable.
Cozystay will offer no tax advice. Cozystay strongly recommends that a host seek independent tax advice in his/her local jurisdiction before listing on the Site.
If you are a host, you acknowledge and agree that you are solely responsible for determining the amount of tax to be collected and remitted to applicable tax authorities. You also acknowledge and agree that you are solely responsible for remitting to the relevant tax authorities any taxes collected by you.
Cozystay is not responsible to collect or remit any applicable local taxes in any other forms on behalf of the host.
Cozystay’s booking system and online platform may display the listing price in different currencies and allow the user to choose a preferred currency for payment. However, depending on the geographic location, the currencies available for users to make and receive payments may be limited. In the event that the currency chosen by the user is not available for payment, a foreign currency conversion will be undertaken by your payment company or the third-party payment processor. Subject to your agreement with your payment company and third-party payment processor, a currency conversion fee may be applied to your transaction. The eventual payout amount may be different than the amount chosen when the user confirmed the booking. Such price differences and conversion fees are not controlled by or known to Cozystay. By choosing to book via Cozystay platform or otherwise using Cozystay’s services, you acknowledge and agree that Cozystay is not responsible or liable for any such price differences.
The Host may determine and set the amount of security deposit to be collected. The security deposit will NOT be collected by Cozysaty and will be collected by the Host directly from the Guest at the time of the scheduled check-in. Host may provide services and privileges such as allowing additional guests, pet, parking, or providing pick-up/drop-off services for an additional fee. Such fees will be displayed on the reservation page available for choosing at the Guest’s discretion.
Please read Cancellation and Refund Policies
Please read Privacy Policies
You, as a Manager, acknowledge and agree that you will be responsible for and agree to abide by and adhere to all laws, rules and regulations applicable to the advertisement of your rental and the conduct of your rental business, including without limitation zoning, residential tenancy laws, fair-housing laws, and other applicable laws. You further acknowledge and agree that all information regarding the listed lodging are true and accurate in all material respects and will not omit anything that may be material to the decision of a user interested in a transaction.
Subject to Cozystay’s right to amend the Agreement from time to time, the Agreement shall constitute the entire agreement between Cozystay and you regarding the applicable subject matter.
The benefits that you are entitled to herein shall not be assigned to any other person or entities.
Time is of the essence to the Agreement.
All parties subject to the Agreement will at all times and from time to time and upon reasonable request do, execute, and deliver all further assurances, acts, and documents for the purpose of evidencing and giving full force and effect to the Agreement.
Cozystay reserves the right to unilaterally terminate the Agreement upon reasonable notice without your consent.
Cozystay reserves the right to unilaterally modify the Agreement without your consent. In such an event, you will be governed by the version of the Agreement applicable at the time you agreed to become a COSYSTAY.COM user.
The failure of Cozystay to enforce any right or provision of the Agreement will not constitute a waiver of future enforcement of that right or provision.
All parties governed by the Agreement acknowledge and agree that matters subject to the Agreement shall be governed by the laws of the Province of British Columbia, Canada.
THE AGGREGATE LIABILITY, INCLUDING LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OF COZYSTAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “COZYSTAY GROUP”), OR ANY THIRD PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A MEMBER OF THE COZYSTAY GROUP (EACH A “THIRD PARTY PROVIDER”) UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF THE ACCOMODATION FEES COLLECTED BY COZYSTAY FROM THE GUEST IN ASSOCIATION WITH YOUR LISTING OR RESERVATION VIA COSYSTAY.COM. ALL PARTIES ACKNOWLEDGE AND AGREE THAT COZYSTAY SHALL NOT BE LIABLE TO ANY DAMAGES OR COSTS IN ASSOCIATION OR AROSE FROM A TRANSACTION OR ARRANGEMENT NEGOTIATED PRIVATELY BETWEEN A HOST AND A GUEST (MEANING WITHOUT COZYSTAY’S KNOWLEDGE OR PAYMENT FOR WHICH IS WITHOUT USING COZYSTAY’S PAYMENT SYSTEM), EVEN IF THE GUEST OR THE HOST, OR BOTH, ARE CURRENT REGISTERED USERS OF COSYSTAY.COM.
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THE MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE COZYSTAY GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
INDEPENDENT LEGAL ADVICE RECOMMENDED BY USING THE SITE, ACCEPTING THE AGREEMENT AND AGREEING TO BECOME A COSYSTAY.COM USER, YOU REPRESENT AND WARRANT THAT YOU HAVE EITHER REVIEWED THE AGREEMENT WITH COUNSEL PRIOR TO AGREEING TO BECOME A COSYSTAY.COM USER OR YOU HAVE DECIDED NOT TO HAVE THE AGREEMENT REVIEWED BY YOUR COUNSEL DESPITE COZYSTAY’S EXPRESS RECOMMENDATION TO THE CONTRARY. NO PARTY SHALL DENY THE VALIDTY AND ENFORCEABILITY OF THE AGREEMENT ON THE GROUND OF LACKING INDEPENDENT LEGAL ADVICE.
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