Payment Terms


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Payment Terms

Please read these Payments Terms of Service (“Payments Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services (as defined below), you agree to comply with and be bound by these Payments Terms.

Last Updated: August 16th, 2020

These Payments Terms constitute a legally binding agreement (“Agreement”) between you and PinOnStay (as defined below) governing the Payment Services (defined below) conducted through or in connection with the PinOnStay Platform.

The PinOnStay Terms of Service (“PinOnStay Terms”) separately govern your use of the PinOnStay Platform. All capitalized terms have the meaning set forth in the PinOnStay Terms unless otherwise defined in these Payments Terms.

In certain situations, customers may be required to enter into unique payment processing agreements with PinOnStay. To the extent that there is a conflict between these Payment Terms and terms and conditions set forth in any relevant payment processing agreement, the latter terms and conditions will take precedence, unless specified otherwise.

Our collection and use of personal information in connection with your access to and use of the Payment Services is described in PinOnStay’s Privacy Policy.

Table of Contents

  1. Scope and Use of the Payment Services
  2. Key Definitions
  3. Modification of these Payments Terms
  4. Eligibility, Member Verification
  5. Account Registration
  6. Payment Methods and Payout Methods
  7. Financial Terms for Hosts
  8. Financial Terms for Guests
  9. Appointment of PinOnStay as Limited Payment Collection Agent
  10. General Financial Terms
  11. Security Deposits
  12. Currency Conversion
  13. Abandoned Property
  14. Prohibited Activities
  15. Intellectual Property Ownership, Rights Notices
  16. Feedback
  17. Disclaimers
  18. Liability
  19. Indemnification
  20. Termination, Suspension, and other Measures
  21. Applicable Law and Jurisdiction
  22. Dispute Resolution and Arbitration Agreement
  23. General Provisions
  24. Additional Clauses for Users Contracting with PinOnStay UK
  25. Additional Clauses for Users Contracting with PinOnStay Luxembourg
  26. Additional Clauses for Users that are Businesses
  27. Contacting PinOnStay

1. Scope and Use of the Payment Services

1.1 PinOnStay may temporarily and under consideration of the Members’ legitimate interests (e.g., by providing prior notice), restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. PinOnStay may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. PinOnStay will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.

1.2 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. PinOnStay is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by PinOnStay of such Third-Party Services.

1.3 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

2. Key Definitions

Payout” means a payment initiated by PinOnStay to a Member for services (such as Listing Fees) performed in connection with the PinOnStay Platform.

Payment Method” means a financial instrument that you have added to your PinOnStay Account, such as a credit card, debit card, or PayPal account.

Payout Method” means a financial instrument that you have added to your PinOnStay Account, such as a PayPal account, Stripe account, direct deposit, a prepaid card, or a debit card (where available).

3. Modification of these Payments Terms

PinOnStay reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the PinOnStay Platform and update the “Last Updated” date at the top of these Payments Terms. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.

4. Eligibility, Member Verification

4.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.

4.2 PinOnStay may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.

4.3 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize PinOnStay to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. PinOnStay reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

5. Account Registration

5.1 In order to use the Payment Services, you must have an PinOnStay Account in good standing. If you or PinOnStay closes your PinOnStay Account for any reason, you will no longer be able to use the Payment Services.

5.2 You may authorize a third party to use your PinOnStay Account in accordance with the PinOnStay Terms. You acknowledge and agree that anyone you authorize to use your PinOnStay Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

6. Payment Methods and Payout Methods

6.1 When you add a Payment Method or Payout Method to your PinOnStay Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to PinOnStay or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include:

  • Your residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor.

6.2 When you add or use a new Payment Method, PinOnStay may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts,and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your PinOnStay Account so it can be used for a future transaction.

6.3 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and PinOnStay is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.

6.4 You authorize PinOnStay to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your PinOnStay Account.

6.5 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. PinOnStay is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.

6.6. If your Contracting Entity's location is different than the country of your Payment Method or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside your country of residence. For example, if you make a booking using a U.S.-issued card, but select Euro as your currency, your payment may be processed outside the U.S. Banks and credit card companies may impose international transaction fees and foreign exchange fees on such international transactions. In addition, if you select to pay with a currency that is different than your Payment Method's billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with you Payment Method, based on an exchange rate and fee amount determined solely by your bank. As a result, the amount listed on your card statement may be a different amount than that shown on checkout. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.

7. Financial Terms for Hosts

7.1 Generally

Generally speaking, PinOnStay will collect the Total Fees from a Guest at the time the Guest’s booking request is accepted by the host, or at any other time mutually agreed between the Guest and PinOnStay.

7.2. Payouts

7.2.1 In order to receive a Payout you must have a valid Payout Method linked to your PinOnStay Account. PinOnStay will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 24 hours of the Guest’s scheduled check-in time (or 24 hours of 3:00 pm New Zealand if the check-in time is flexible or not specified); (ii) for Activities, 24 hours of the start of the Activity; (iii) for vehicle hire, 24hrs after vehicle pick up and (iv) for all other Host Services, at the time specified via the PinOnStay Platform. In certain jurisdictions or instances, PinOnStay may offer you a different time or trigger for payment. For example, in certain cases, eligible Hosts may be able to receive a Payout for a booking prior to the Guest’s scheduled check-in. Any such alternative Payout option may be subject to additional terms and conditions.

7.2.2 The time it takes to receive Payouts once released by PinOnStay may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. PinOnStay may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

7.2.3 Your Payout for a booking will be the Listing Fee less applicable Host Fees and Taxes.

7.2.4 In the event of a Guest’s cancellation of a confirmed booking, PinOnStay will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.

7.2.5 PinOnStay will remit your Payouts in your currency of choice, depending upon your selections via the PinOnStay Platform and as further set out in Section 12. Amounts may be rounded up or down as described in the PinOnStay Terms.

7.2.6 For compliance or operational reasons, PinOnStay may limit the value of each individual Payout. If you are due an amount above that limit, PinOnStay may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.

8. Financial Terms for Guests

8.1 You authorize PinOnStay to charge your Payment Method the Total Fees for any booking requested in connection with your PinOnStay Account. PinOnStay will collect the Total Fees in the manner agreed between you and PinOnStay via the PinOnStay Platform. PinOnStay will generally collect the Total Fees after the Host accepts your booking request. If PinOnStay is unable to collect the Total Fees as scheduled, PinOnStay will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.

8.2 When you request to book a Listing, PinOnStay may also (i) obtain a pre-authorization via your Payment Method for the Total Fees, (ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.

8.3 If a requested booking is cancelled either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by PinOnStay will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., PayPal, Stripe etc.) rules.

8.4 You authorize PinOnStay to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your PinOnStay Account. You hereby authorize PinOnStay to collect any amounts due,by charging the Payment Method provided at checkout, either directly by PinOnStay or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the PinOnStay Platform (such as gift cards).

9. Appointment of PinOnStay as Limited Payment Collection Agent

9.1 Each Member collecting payment for services provided via the PinOnStay Platform (such as Host Services or certain transactions facilitated through the Resolution Center) (“Providing Member”) hereby appoints PinOnStay as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).

9.2 Each Providing Member agrees that payment made by a Purchasing Member through PinOnStay, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that PinOnStay may refund the Purchasing Member in accordance with the PinOnStay Terms. Each Providing Member understands that PinOnStay’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. PinOnStay guarantees payments to Providing Members only for such amounts that have been successfully received by PinOnStay from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, PinOnStay assumes no liability for any acts or omissions of the Providing Member.

9.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that PinOnStay is not a party to the agreement between you and the Providing Member, PinOnStay acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to PinOnStay, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and PinOnStay is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute PinOnStay’ agreement with the Purchasing Member. In the event that PinOnStay does not remit any such amounts, the Providing Member will have recourse only against PinOnStay and not the Purchasing Member directly.

10. General Financial Terms

10.1 Fees

PinOnStay may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the PinOnStay Platform.

10.2 Payment Authorizations

You authorize PinOnStay to collect from you amounts due pursuant to these Payment Terms or the PinOnStay Terms. Specifically, you authorize PinOnStay Payments to collect from you:

  • Any amount due to PinOnStay (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Co-Payer, Host or user of the PinOnStay Platform), including reimbursement for costs prepaid by PinOnStay on your behalf, by charging any Payment Method on file in your PinOnStay Account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by PinOnStay will setoff the amount owed by you to PinOnStay and extinguish your obligation to PinOnStay.
  • Any amount due to a Providing Member from a Purchasing Member which PinOnStay collects as the Providing Member’s payment collection agent as further set out in Section 9 above.
  • Taxes, where applicable and as set out in the PinOnStay Terms.
  • Any amount you pay through the Resolution Center in connection with your PinOnStay Account. PinOnStay may do so by charging the Payment Method associated with the relevant booking, or any other Payment Method on file in your PinOnStay Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding the amount from your future Payouts.
  • Overstay Fees payable under the PinOnStay Terms. In addition, PinOnStay may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any Payment Method(s) you have on file in your PinOnStay Account (unless you have previously removed the authorization to charge such Payment Method(s)).
  • Any Service Fees or cancellation fees imposed pursuant to the PinOnStay Terms (e.g., if, as a Host, you cancel a confirmed booking). PinOnStay will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Payouts due to you.
  • Fees improperly paid to you as a Host. If, as a Host, your Guest cancels a confirmed booking or PinOnStay decides that it is necessary to cancel a confirmed booking, and PinOnStay issues a refund to the Guest in accordance with the PinOnStay Terms, Guest Refund Policy, Activities Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, PinOnStay will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
  • Fees, costs and/or expenses associated with a Damage Claim, including any Security Deposit, as set out in the PinOnStay Terms. If PinOnStay is unable to collect from your Payment Method used to make the booking, you agree that PinOnStay may charge any other Payment Method on file in your PinOnStay Account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)). PinOnStay also reserves the right to otherwise collect payment from you and pursue any remedies available to PinOnStay in this regard in situations in which you are responsible for a Damage Claim pursuant to the PinOnStay Terms, including, but not limited to, in relation to any payment requests made by Hosts.
  • Fees payable by Co-Payers as part of the Group Payment Service by charging any Payment Method on file in your PinOnStay Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding such amounts from your future Payouts. Any funds collected by PinOnStay will setoff the amount owed by you to PinOnStay and extinguish your obligation to PinOnStay.

In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

10.3 Refunds

10.3.1 Any refunds or credits due to a Member pursuant to the PinOnStay Terms, Extenuating Circumstances Policy, Guest Refund Policy, and Activities Guest Refund Policy will be initiated and remitted by PinOnStay in accordance with these Payments Terms.

10.3.2 PinOnStay will process refunds immediately, however, the timing to receive any refund will vary based on the Payment Method and any applicable payment system (e.g., PayPal, Stripe, etc.) rules.

10.4 Recurring Payments

10.4.1 For certain bookings (such as for Accommodation Bookings of twenty-eight (28) nights or more), PinOnStay may require a Guest to make recurring, incremental payments toward the Total Fees owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the PinOnStay Platform if applicable to a booking.

10.4.2 If Recurring Payments apply to a confirmed booking, then the Guest authorizes PinOnStay to collect the Total Fees, and the Host agrees that PinOnStay will initiate Payouts, in the increments and at the frequency agreed to and identified via the PinOnStay Platform.

10.4.3 Guests may stop payment of a Recurring Payment by notifying PinOnStay orally or in writing at least three (3) business days before the scheduled date of the payment. PinOnStay may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, PinOnStay is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact PinOnStay pursuant to Section 27.

10.5 Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by PinOnStay or a third party such as your financial institution.

10.6 Collections

10.6.1 If PinOnStay is unable to collect any amounts you owe under these Payments Terms, PinOnStay may engage in collection efforts to recover such amounts from you.

10.6.2 PinOnStay will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after PinOnStay first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s account or the associated services have been provided, whichever is later.

10.6.3 PinOnStay will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after PinOnStay first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s account or the associated services have been provided, whichever is later.

10.6.4 You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to PinOnStay and/or PinOnStay by you. Such communication may be made by PinOnStay, PinOnStay, or by anyone on their behalf, including but not limited to a third-party collection agent.

11. Security Deposits

11.1 If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) PinOnStay determines that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation pursuant to the PinOnStay Terms, you authorize PinOnStay to charge the Payment Method used to make the booking in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, PinOnStay may charge the Payment Method used to make the booking for the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the booking, you agree that PinOnStay may charge any other Payment Method on file (and not otherwise unauthorized) in your PinOnStay Account at the time of the Damage Claim.

11.2 PinOnStay also reserves the right to otherwise collect payment from you and pursue any remedies available to PinOnStay in situations in which you are responsible for a Damage Claim pursuant to the PinOnStay Terms, including, but not limited to, in relation to any payment requests made by Hosts.

12. Currency Conversion

PinOnStay will process each transaction in the currency the Member selects via the PinOnStay Platform. The currencies available to make and receive payments for any given transaction may be limited for regulatory or operational reasons based on factors such as the Member’s selected Payment Method or Payout Method and/or the Member’s country of residence or PinOnStay contracting entity(ies). Any such limitations will be communicated via the PinOnStay Platform, and you will be prompted to select a different currency, Payment Method or Payout Method. Note that a Member’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the Member selects to make or receive payments, and PinOnStay is not responsible for any such fees and disclaims all liability in this regard.

13. Abandoned Property

If we cannot initiate a Payout, refund, or pay other funds due to you for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting such funds to the appropriate governing body as required by law.

14. Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the PinOnStay Terms, Policies, or Standards;
  • use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
  • register or use any Payment Method or Payout Method with your PinOnStay Account that is not yours or you do not have authorization to use;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PinOnStay or any of PinOnStay’ providers or any other third party to protect the Payment Services;
  • take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

15. Intellectual Property Ownership, Rights Notices

15.1 The Payment Services are protected by copyright and other laws of the New Zealand. 

15.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by PinOnStay, PinOnStay, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.

17. Disclaimers

17.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.

17.2 Notwithstanding PinOnStay appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the PinOnStay Platform, PinOnStay explicitly disclaims all liability for any act or omission of any Member or other third party. PinOnStay Payments does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

17.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

17.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

18. Liability

18.1 Except as provided in Section 18.2, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your PinOnStay Account in any way, you are responsible for the actions taken by that person. Neither PinOnStay Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not PinOnStay Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Providing Members pursuant to these Payments Terms in no event will PinOnStay. Any additional liability of PinOnStay Payments is excluded to the maximum extent allowed by applicable law.

19. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at PinOnStay’ option), indemnify, and hold PinOnStay and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) PinOnStay’ Collection and Remittance of Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party rights. 

20. Termination, Suspension, and other Measures

20.1 This Agreement will continue unless and until it is terminated, suspended or other measures are taken as described in this Section 20.

20.2 You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the PinOnStay Terms. Terminating this Agreement will also serve as notice to cancel your PinOnStay Account pursuant to the PinOnStay Terms. If you cancel your PinOnStay Account as a Host, PinOnStay will provide a full refund to any Guests with confirmed booking(s). If you cancel your PinOnStay Account as a Guest, PinOnStay will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.

20.3 Without limiting our rights specified below, PinOnStay may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

20.4 PinOnStay may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) PinOnStay believes in good faith that such action is reasonably necessary to protect other Members, PinOnStay, PinOnStay, or third parties (for example in the case of fraudulent behavior of a Member).

20.5 In addition, PinOnStay may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the PinOnStay Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) any amounts you owe under these Payments Term are overdue or in default, or (v) PinOnStay believes in good faith that such action is reasonably necessary to protect the personal safety or property of PinOnStay, its Members, PinOnStay, or third parties, or to prevent fraud or other illegal activity.

20.6 In case of non-material breaches and where appropriate, you will be given notice of any measure by PinOnStay and an opportunity to resolve the issue to PinOnStay' reasonable satisfaction.

20.7 If PinOnStay takes any of the measures described in this Section you may appeal such a decision by contacting customer service.

20.8 If you are a Host and we take any of the measures described in this Section we may refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

20.9 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new PinOnStay Account or attempt to access and use the Payment Services through other an PinOnStay Account of another Member.

20.10 Sections 10 and 15 to 24 of these Payments Terms shall survive any termination or expiration of this Agreement.

21. Applicable Law and Jurisdiction

21.1 You are contracted with PinOnStay New Zealand, these Payments Terms are governed by the laws of the Auckland, New Zealand. The parties agree to submit to the non-exclusive jurisdiction of the courts of that State and courts of appeal of that State in respect of any proceedings arising out of or in connection with this Agreement.

22. General Provisions

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between PinOnStay and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between PinOnStay and you regarding the Payment Services.

22.2 No joint venture, partnership, employment, or agency relationship exists between you or PinOnStay as a result of this Agreement or your use of the Payment Services.

22.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

22.4 PinOnStay’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.

22.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without PinOnStay’ prior written consent. PinOnStay may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice. Your right to terminate this Agreement at any time remains unaffected.

22.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. 

22.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by PinOnStay via email, PinOnStay Platform notification, or messaging service (including SMS and WeChat). 

23. Additional Clauses for Users that are Businesses

The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payment Terms, “you” and “your” will refer and apply to that business, company or other legal entity).

23.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.

23.2 You and your Representative individually affirm that you are authorized to provide the information described in section 6 above and your Representative has the authority to bind you to these Payment Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.

23.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses, and authorizations in this Agreement.

23.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with PinOnStay for Work, as permitted by your account, you authorize PinOnStay to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.

23.5 For any Payout Method linked to your PinOnStay Account, you authorize PinOnStay to store the Payout Method, remit payments using the Payout Method for bookings associated with your PinOnStay Account and take any other action as permitted in the Payment Terms in respect of the Payout Method.

23.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see http://www.visa.com/cisp and https://www.mastercard.com/sdp.

24. Contacting PinOnStay

You may contact PinOnStay regarding the Payment Services using the information below:

Entity

     

Contact Information

     

PinOnStay

     

admin@pinonstay.com

     

If you have any questions about these Payments Terms, please email us.