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Please read these Terms & Conditions (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the PinOnStay Platform, you agree to comply with and be bound by these Terms.
Please note: The law of New Zealand applies to these Terms and the transactions contemplated by them. The New Zealand courts have jurisdiction in respect of these Terms and the transactions contemplated by them. Please read it carefully.
Last Updated: January 29, 2020
Thank you for using PinOnStay!
These Terms constitute a legally binding agreement ("Agreement") between you and “PINON TECHNOLOGIES LIMITED” (as defined below) governing your access to and use of the PinOnStay website, including any subdomains thereof, and any other websites through which PinOnStay makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "PinOnStay Services"). The Site, Application and PinOnStay Services together are hereinafter collectively referred to as the “PinOnStay Platform”.
When these Terms mention “PinOnStay,” “we,” “us,” or “our,” it refers to the PinOnStay (PinOn Technologies Limited) company you are contracting with.
Our collection and use of personal information in connection with your access to and use of the PinOnStay Platform is described in our Privacy Policy.
Any and all payment processing services through or in connection with your use of the PinOnStay Platform ("Payment Services") are provided to you by one or more third party entities PayPal and Stripe.
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services (as defined below). For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours, operating a vehicle or rent a vehicle). Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services and rent a vehicle, they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on PinOnStay, you should always seek legal guidance.
1.1 The PinOnStay Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the PinOnStay Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use ("Accommodations"), single or multi-day activities in various categories (“Activities”), access to unique events and locations (“Events”), renting a vehicles and a variety of other travel and non-travel related services.
1.2 As the provider of the PinOnStay Platform, PinOnStay does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is PinOnStay an organiser or retailer of travel packages. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. PinOnStay is not and does not become a party to or other participant in any contractual relationship between Members, nor is PinOnStay a real estate broker or insurer. PinOnStay is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, PinOnStay has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. PinOnStay does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by PinOnStay about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Activity or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken and are therefore not an endorsement by PinOnStay of any Host or Listing.
1.4 If you choose to use the PinOnStay Platform as a Host or Co-Host (as defined below), your relationship with PinOnStay is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of PinOnStay for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of PinOnStay. PinOnStay does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.5 To promote the PinOnStay Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. PinOnStay cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The PinOnStay Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The PinOnStay Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. 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.
1.7 Due to the nature of the Internet, PinOnStay cannot guarantee the continuous and uninterrupted availability and accessibility of the PinOnStay Platform. PinOnStay may restrict the availability of the PinOnStay Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the PinOnStay Platform. PinOnStay may improve, enhance and modify the PinOnStay Platform and introduce new PinOnStay Services from time to time.
2.1 In order to access and use the PinOnStay Platform or register an PinOnStay Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 PinOnStay may make access to and use of the PinOnStay Platform, or certain areas or features of the PinOnStay Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the PinOnStay Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the PinOnStay Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the PinOnStay Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the PinOnStay Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms & Conditions.
3.1 PinOnStay reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the PinOnStay Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect, your continued access to or use of the PinOnStay Platform will constitute acceptance of the revised Terms.
4.1 You must register an account ("PinOnStay Account") to access and use certain features of the PinOnStay Platform, such as publishing or booking a Listing. If you are registering a PinOnStay Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a PinOnStay Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account").
4.3 You must provide accurate, current and complete information during the registration process and keep your PinOnStay Account and public PinOnStay Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) PinOnStay Account unless PinOnStay authorizes you to do so. You may not assign or otherwise transfer your PinOnStay Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your PinOnStay Account credentials and may not disclose your credentials to any third party. You must immediately notify PinOnStay if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your PinOnStay Account. You are liable for any and all activities conducted through your PinOnStay Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 PinOnStay may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your PinOnStay Account. For example, we may enable Members to link their PinOnStay Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by PinOnStay to ask for your credentials, and you shall not request the credentials of another Member.
4.7 By registering with PinOnStay platform or browsing the site you agree to PinOnStay Terms & Conditions, General Terms, Privacy Policy, Payment Terms, Refund Policy, Cookie Policy, Cancellation Policy
5.1 PinOnStay may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the PinOnStay Platform ("Member Content"); and (ii) access and view Member Content and any content that PinOnStay itself makes available on or through the PinOnStay Platform, including proprietary PinOnStay content and any content licensed or authorized for use by or through PinOnStay from a third party ("PinOnStay Content" and together with Member Content, "Collective Content").
5.2 The PinOnStay Platform, PinOnStay Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the New Zealand and other countries. You acknowledge and agree that the PinOnStay Platform and PinOnStay Content, including all associated intellectual property rights, are the exclusive property of PinOnStay and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the PinOnStay Platform, PinOnStay Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of PinOnStay used on or in connection with the PinOnStay Platform and PinOnStay Content are trademarks or registered trademarks of PinOnStay in the New Zealand and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the PinOnStay Platform, PinOnStay Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the PinOnStay Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by PinOnStay or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, PinOnStay grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the PinOnStay Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the PinOnStay Platform, you grant to PinOnStay a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the PinOnStay Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, PinOnStay does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 PinOnStay may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "PinOnStay.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the PinOnStay Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your PinOnStay Account is terminated or suspended for any reason. You acknowledge and agree that PinOnStay shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where PinOnStay is not the exclusive owner of Verified Images, by using such Verified Images on or through the PinOnStay Platform, you grant to PinOnStay an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. PinOnStay in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the PinOnStay Platform solely for your personal and non-commercial use.
5.7 We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You are solely responsible for all Member Content that you make available on or through the PinOnStay Platform. We may, but have no obligation to, monitor and review Content on the Website submitted or created using our Services by you. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the PinOnStay Platform or you have all rights, licenses, consents and releases that are necessary to grant to PinOnStay the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or PinOnStay's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates PinOnStay’s Content Policy or any other PinOnStay policy. PinOnStay may, without prior notice, remove or disable access to any Member Content that PinOnStay finds to be in violation of applicable law, these Terms or PinOnStay’s then- current Policies or Standards, or otherwise may be harmful or objectionable to PinOnStay, its Members, third parties, or property.
5.9 PinOnStay respects copyright law and expects its Members to do the same. If you believe that any content on the PinOnStay Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6.1 PinOnStay may charge fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the PinOnStay Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. PinOnStay reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to PinOnStay. The applicable Service Fees (including any applicable Taxes) are collected by PinOnStay Payments. PinOnStay Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by PinOnStay Payments. Except as otherwise provided on the PinOnStay Platform, Service Fees are non-refundable.
7.1.1 When creating a Listing through the PinOnStay Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Activity or to Rent a Vehicle) and (iii) provide any other pertinent information requested by PinOnStay. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. PinOnStay reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the PinOnStay Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking. More information about the factors that determine how your Listing appears in search results can be found on our help center.
7.1.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
7.1.7 PinOnStay recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Activity, Event or other Host Service or Renting a Vehicle.
7.2.1 Unless expressly allowed by PinOnStay, you may not list more than one Accommodation per Listing.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit"). Hosts are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the PinOnStay Platform.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
7.3.1 Hosts who list Activities, Events and Host Services other than Accommodations agree to and are subject to the Terms for Activity Hosts.
7.4.1 PinOnStay may enable Hosts to authorize other Members (“Co-Hosts”) to administer the Host’s Listing(s), and to bind the Host and take certain actions in relation to the Listing(s) as permitted by the Host, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “Co-Host Services”). Any agreement formed between Host and Co-Host may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Host Service(s). Co-Hosts may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by PinOnStay. PinOnStay reserves the right, in our sole discretion, to limit the number of Co-Hosts a Host may invite for each Listing and to limit the number of Listings a Co-Host may manage.
7.4.2 Hosts should exercise due diligence and care when deciding who to add as a Co-Host to their Listing(s). Hosts remain solely responsible and liable for any and all Listings and Member Content published on the PinOnStay Platform, including any Listing created by a Co-Host on their behalf. Further, Hosts remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Host(s). Co-Hosts remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host. In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Guests, and the provision of any Co-Host Services.
7.4.3 Unless agreed otherwise by Host and Co-Host, Host and Co-Host may terminate the Co-Host agreement at any time. In addition, both Host and Co-Host acknowledge that their Co-hosting relationship will terminate in the event that PinOnStay (i) terminates the Co-Host service or (ii) terminates either party’s participation in the Co-Host service. When the Co-Host agreement is terminated, the Host will remain responsible for all of the Co-Host’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Host, that Member will no longer have access to any Host or Guest information related to the applicable Host’s Listing(s).
7.4.4 As a Co-Host, you will not be reviewed by Guests, meaning that your Co-Host activities will not affect your Reviews or Ratings for other Listings for which you are a Host. Instead, the Host of such Listing(s) will be reviewed by Guests (including potentially on the basis of the Co-Host’s conduct and performance). Hosts acknowledge that Reviews and Ratings from Guests for their Listing(s) may be impacted by a Co-Host’s conduct and performance.
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by PinOnStay and/or the Host, you can book a Listing available on the PinOnStay Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your PinOnStay Account.
8.1.2 Upon receipt of a booking confirmation from PinOnStay, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. PinOnStay Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.
8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Activity, Event or other Host Service if accompanied by an adult who is responsible for them.
8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize PinOnStay (via PinOnStay Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
8.3.1 You should carefully review the description of any Activity, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Activity, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Activity, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Activity, Event or other Host Service.
8.3.2 Before and during an Activity, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
8.3.3 You may not bring any additional individuals to an Activity, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the PinOnStay Platform.
8.4 PinOnStay Travel Credits
8.4.1 PinOnStay Travel Credits may be redeemed for eligible bookings via the PinOnStay Platform as specified in the terms and conditions provided with the Travel Credit. You may only redeem PinOnStay Travel Credits after the PinOnStay Travel Credits are reflected in your PinOnStay Account.
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the PinOnStay Platform or direct PinOnStay customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Host, and PinOnStay Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by PinOnStay Payments pursuant to the Payments Terms.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, PinOnStay may allow the Guest to apply the refund to a new booking, in which case PinOnStay Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, PinOnStay may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, PinOnStay may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to PinOnStay’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 For Activities, Events and other Host Services, if weather poses a safety risk to Guests, or if it prevents a Host from carrying out a Host Service that takes place primarily outdoors, Hosts may cancel the Host Service. Hosts may also cancel the Host Service if other conditions exist that would prevent the Host from offering the Host Service safely.
9.5 In certain circumstances, PinOnStay may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth in PinOnStay's Extenuating Circumstances Policy or (i) where PinOnStay believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to PinOnStay, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest who books an Accommodation suffers a Travel Issue as defined in the Guest Refund Policy, PinOnStay may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy. If a Guest who books an Activity, Event or other Host Service suffers a Travel Issue as defined in the Activities Guest Refund Policy, PinOnStay may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Activities Guest Refund Policy.
9.7 If a Guest or PinOnStay cancels a confirmed booking, and the Guest receives a refund in accordance with the Guest Refund Policy, Activities Guest Refund Policy, Extenuating Circumstances Policy, or the applicable cancellation policy set by the Host and mentioned in the Listing, after the Host has already been paid, PinOnStay Payments will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host.
9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your PinOnStay Account, and PinOnStay Payments will handle all such payments.
10.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of PinOnStay. Ratings and Reviews are not verified by PinOnStay for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with PinOnStay’s Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the PinOnStay Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
11.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to PinOnStay, you will be given an opportunity to respond. If you agree to pay the Host, or PinOnStay determines in its sole discretion that you are responsible for the Damage Claim, PinOnStay via PinOnStay Payments will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. 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, including, but not limited to, in relation to any payment requests made by Host.
11.3 Members agree to cooperate with and assist PinOnStay in good faith, and to provide PinOnStay with such information and take such actions as may be reasonably requested by PinOnStay, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the PinOnStay), (ii) Activities, (iii) Co-Host agreements, or (iv) a Group Payment Booking. A Member shall, upon PinOnStay's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by PinOnStay or a third party selected by PinOnStay or its insurer, with respect to losses for which a Member is requesting payment from PinOnStay (including but not limited to payments under the PinOnStay).
11.4 If you are a Guest or a Co-Host, you understand and agree that PinOnStay may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Host (including without limitation amounts paid by PinOnStay under the PinOnStay Host Guarantee or amounts paid under Japan Host Insurance). You agree to cooperate with and assist PinOnStay in good faith, and to provide PinOnStay with such information as may be reasonably requested by PinOnStay, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as PinOnStay may reasonably request to assist PinOnStay in accomplishing the foregoing.
12.1 PinOnStay generally supports payment amounts that are payable from or to Guests or Hosts to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where PinOnStay’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, PinOnStay may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, PinOnStay may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
13.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
13.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").
13.4 In certain jurisdictions, PinOnStay may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Guests or Hosts, in accordance with these Terms ("Collection and Remittance") if such jurisdiction asserts PinOnStay or Hosts have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize PinOnStay (via PinOnStay Payments) to collect Occupancy Taxes from Guests on the Host's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. In other jurisdictions PinOnStay may decide in its sole discretion to collect Occupancy Taxes and remit such Taxes to eligible and qualifying Hosts, based on tax information supplied by the Host, for ultimate reporting and remittance by such Host to the Tax Authority (“Pass-Through Tax Feature”). Such Hosts using the Pass-Through Tax Feature will be solely responsible for informing PinOnStay about the correct Occupancy Tax amount to be collected from the Guest in accordance with applicable law and directly remitting the Occupancy Taxes to the relevant Tax Authority. PinOnStay does not assume any liability for the failure of a participating Host to comply with any applicable tax reporting or remittance obligations. The amount of Occupancy Taxes, if any, collected and remitted by PinOnStay will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Where PinOnStay is facilitating Collection and Remittance, Hosts are not permitted to collect any Occupancy Taxes being collected by PinOnStay relating to their Accommodations in that jurisdiction.
13.5 You agree that any claim or cause of action relating to PinOnStay's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by PinOnStay in connection with facilitation of Collection and Remittance, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by PinOnStay from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 PinOnStay reserves the right, with prior notice to Hosts, to cease the Collection and Remittance in any jurisdiction for any reason at which point Hosts and Guests are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations in that jurisdiction.
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the PinOnStay Platform. In connection with your use of the PinOnStay Platform, you will not and will not assist or enable others to:
14.2 breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
14.3 use the PinOnStay Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies PinOnStay endorsement, partnership or otherwise misleads others as to your affiliation with PinOnStay;
14.4 copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the PinOnStay Platform in any way that is inconsistent with PinOnStay’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
14.5 use the PinOnStay Platform in connection with the distribution of unsolicited commercial messages ("spam");
14.6 to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
14.7 offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the PinOnStay Platform;
14.8 unless PinOnStay explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
14.9 contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the PinOnStay Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
14.10 use the PinOnStay Platform to request, make or accept a booking independent of the PinOnStay Platform, to circumvent any Service Fees or for any other reason;
14.11 request, accept or make any payment for Listing Fees outside of the PinOnStay Platform or PinOnStay Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold PinOnStay harmless from any liability for such payment;
14.12 discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
14.13 use, display, mirror or frame the PinOnStay Platform or Collective Content, or any individual element within the PinOnStay Platform, PinOnStay's name, any PinOnStay trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the PinOnStay Platform, without PinOnStay's express written consent;
14.14 dilute, tarnish or otherwise harm the PinOnStay brand in any way, including through unauthorized use of Collective Content, registering and/or using PinOnStay or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to PinOnStay domains, trademarks, taglines, promotional campaigns or Collective Content;
14.15 use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the PinOnStay Platform for any purpose;
14.16 avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by PinOnStay or any of PinOnStay's providers or any other third party to protect the PinOnStay Platform;
14.17 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the PinOnStay Platform;
14.18 take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the PinOnStay Platform;
14.19 export, re-export, import, or transfer the Application except as authorized by New Zealand law, the export control laws of your jurisdiction, and any other applicable laws; or
14.20 violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.21 You acknowledge that PinOnStay has no obligation to monitor the access to or use of the PinOnStay Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the PinOnStay Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist PinOnStay in good faith, and to provide PinOnStay with such information and take such actions as may be reasonably requested by PinOnStay with respect to any investigation undertaken by PinOnStay or a representative of PinOnStay regarding the use or abuse of the PinOnStay Platform.
14.22 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to PinOnStay by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or PinOnStay terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your PinOnStay Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your PinOnStay Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 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.
15.4 PinOnStay may immediately, without notice, terminate this Agreement and/or stop providing access to the PinOnStay Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) PinOnStay believes in good faith that such action is reasonably necessary to protect the personal safety or property of PinOnStay, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, PinOnStay may take any of the following measures (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 Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the PinOnStay Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or PinOnStay otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) PinOnStay believes in good faith that such action is reasonably necessary to protect the personal safety or property of PinOnStay, its Members, or third parties, or to prevent fraud or other illegal activity:
refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
cancel any pending or confirmed bookings;
limit your access to or use of the PinOnStay Platform;
temporarily or permanently revoke any special status associated with your PinOnStay Account;
temporarily or in case of severe or repeated offenses permanently suspend your PinOnStay Account and stop providing access to the PinOnStay Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by PinOnStay and an opportunity to resolve the issue to PinOnStay's reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your PinOnStay Account or any of your Member Content. If your access to or use of the PinOnStay Platform has been limited or your PinOnStay Account has been suspended or this Agreement has been terminated by us, you may not register a new PinOnStay Account or access and use the PinOnStay Platform through an PinOnStay Account of another Member.
15.8 Sections 5 and 16 to 29 of these Terms shall survive any termination or expiration of this Agreement.
16. Third-party services
If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the Terms & Conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against PINON TECHNOLOGIES LIMITED with respect to such other services. PINON TECHNOLOGIES LIMITED is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting PINON TECHNOLOGIES LIMITED to disclose your data as necessary to facilitate the use or enablement of such other service.
17 Backups
17.1 We perform regular backups of the Website and Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.
18 Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
19 Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by PINON TECHNOLOGIES LIMITED or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with PINON TECHNOLOGIES LIMITED. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of PINON TECHNOLOGIES LIMITED or PINON TECHNOLOGIES LIMITED licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any PINON TECHNOLOGIES LIMITED or third-party trademarks.
20 Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
21 Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
22 Representation
Any views or opinions represented in this Website belong solely to the Content creators and do not represent those of people, institutions or organizations that the PINON TECHNOLOGIES LIMITED or creators may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.
If you choose to use the PinOnStay Platform or Collective Content, you do so voluntarily and at your sole risk. The PinOnStay Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
You agree that you have had whatever opportunity you deem necessary to investigate the PinOnStay Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by PinOnStay relating to a Listing.
If we choose to conduct identity verification or background checks 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.
You agree that some Activities, Events, other Host Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless PinOnStay from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
24 Liability
To the fullest extent permitted by applicable law, in no event will PINON TECHNOLOGIES LIMITED, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if PINON TECHNOLOGIES LIMITED has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of PINON TECHNOLOGIES LIMITED and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to PINON TECHNOLOGIES LIMITED for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
While we have made every attempt to ensure that the information contained on the Website is correct, PinOnStay is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information on the Website is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will PinOnStay, or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Website or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information on the Website is for general information purposes only and is not intended to provide legal, financial, medical, or any other type of professional advice. Please seek professional assistance should you require it. Furthermore, information contained on the Website and any pages linked to and from it are subject to change at any time and without warning.
We reserve the right to modify this Disclaimer relating to the Website or Services at any time, effective upon posting of an updated version of this Disclaimer on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Auckland, New Zealand without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of New Zealand. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Auckland, New Zealand, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the PinOnStay Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the PinOnStay Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
These Terms of Use are governed by the laws of New Zealand. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.
You acknowledge that you have read this Disclaimer and agree to all its Terms & Conditions. By accessing the Website you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to use or access the Website.
You acknowledge that you have read this Agreement and agree to all its Terms & Conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
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