Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS,
NIGHTS2STAY PROVIDES AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR ACCOMMODATIONS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS. YOU UNDERSTAND AND AGREE THAT NIGHTS2STAY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS NIGHTS2STAY A REAL ESTATE BROKER, AGENT OR INSURER. NIGHTS2STAY HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
"Nights2stay Content" means all Content that Nights2stay makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and Nights2stay Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Guest" means a Member who requests a booking of an Accommodation via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation.
"Host" means a Member who creates a Listing via the Site, Application and Services.
"Listing" means an Accommodation that is listed by a Host as available for rental via the web Site, Application and Services.
"Member" means a person who completes Nights2stay account registration process, including, but not limited to Hosts and Guests, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding, personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In such an event, "you" and "your" will refer and apply to that company or other legal entity.
Nights2stay reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you have the option to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties ("Accommodations"). Such Accommodations are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create an Nights2stay Account (defined below).
As stated above, Nights2stay makes available a platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations. Nights2stay is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Nights2stay does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Nights2stay’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF ACCOMMODATIONS. NIGHTS2STAY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. NIGHTS2STAY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
In order to access certain features of the Site and Application, to book an Accommodation or create a Listing, you must register to create an account ("Nights2stay Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (SNS), including, but not limited to, Facebook. Each such account may be referred to as a "Third Party Account." As part of the functionality of the Site, Application and Services, you may link your Nights2stay Account with Third Party Accounts, by either:
(i)providing your Third Party Account login information to Nights2stay through the Site, Services or Application; or (ii)allowing Nights2stay to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Nights2stay and/or grant Nights2stay access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Nights2stay to pay any fees or making Nights2stay subject to any usage limitations imposed by such third party service providers. By granting Nights2stay access to any Third Party Accounts, you understand that Nights2stay will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Nights2stay Account and Nights2stay Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Nights2stay Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Nights2stay’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Nights2stay Account and your Third Party Accounts, at any time, by accessing the "Settings" section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Nights2stay makes no effort to review any SNS Content for any purpose, including but not limited to, accuracy, legality or non-infringement and Nights2stay is not responsible for any SNS Content.
We will create your Nights2stay Account and your Nights2stay Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Nights2stay Account. You agree to provide accurate, current and complete information during the registration process and to update such information to ensure it remains accurate, current and complete. Nights2stay reserves the right to suspend or terminate your Nights2stay Account and your access to the Site, Application and Services if you create more than one (1) Nights2stay Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Nights2stay Account, whether or not you have authorized such activities or actions. You will immediately notify Nights2stay of any unauthorized use of your Nights2stay Account.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodation, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Guest stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that Nights2stay assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations. Nights2stay reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Nights2stay, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the reputation of the Site, Application or Services.
You understand and agree that Nights2stay does not act as an insurer or as a contracting agent for you as a Host. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Nights2stay is not a party thereto. Notwithstanding the foregoing, Nights2stay serves as the limited authorized agent of the Host for the purpose of accepting payments from Guests on behalf of the Host and is responsible for transmitting such payments to the Host.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "Hosting" section of the Site, Application and Services.
If you are a Host, Nights2stay will make available to you certain tools and information to help you make an informed decision before accepting a booking for your Accommodation. You acknowledge and agree that, 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 the individuals the Guest invites to the Accommodation, if applicable.)
Nights2stay recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully and in particular please 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 invites to the Accommodation, if applicable) while at your Accommodation.
Bookings and Financial Terms
Bookings and Financial Terms for Hosts
If you are a Host and a booking is requested for your Accommodation via the Site, Application and Services, you will be required to either confirm or reject the booking request within 24 hours of when the booking is requested (as determined by Nights2stay in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s Nights2stay Account profile page, (iii) the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Guest on such SNS, and (iv) an indication that the name that the Guest provided to Nights2stay when the Guest became a Member matches the name that the Guest provided to the SNSs to which the Guest has linked his or her Nights2stay Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an Accommodation within such 24 hour period, any amounts collected by Nights2stay for the requested booking will be refunded to the applicable Guest’s payment card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, Nights2stay will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
Nights2stay charges a total fee based upon 10% of total accommodation costs. Fees which are the "Guest Fees". The Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Nights2stay will collect the total accommodation costs at the time of booking confirmation (i.e. when the Host confirms the booking within 24 hours of the booking request) and will initiate payment to the Host within 48 hours of when the Guest leaves the applicable Accommodation (except to the extent that a refund is due to the Guest).
Appointment of Nights2stay as Payment Agent for Host
Each Host hereby appoints Nights2stay as the Host’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Host. Each Host agrees that payment made by a Guest to Nights2stay shall be considered the same as a payment made directly to the Host and the Host will make the Accommodation available to Guest in the agreed upon manner as if the Host has received the Accommodation Fees. Each Host agrees that, Nights2stay may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Host, Nights2stay assumes no liability for any acts or omissions of the Host.
Please note that Nights2stay does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Nights2stay reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Nights2stay will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Guests
The Hosts, not Nights2stay, is solely responsible for honouring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not Nights2stay, will be responsible for performing the obligations of any such agreements, that Nights2stay is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Nights2stay disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Nights2stay is not a party to the agreement between you and the Host, Nights2stay acts as the Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to Nights2stay which are due to the Host, your payment obligation to the Host for such amounts is extinguished and Nights2stay is responsible for remitting such amounts, less Nights2stay Fees, to the Host. In the event that Nights2stay does not remit any such amounts to a Host, such Host will have recourse only against Nights2stay.
Listings for Accommodations will include the Fees. As noted above, the Host is required to either confirm or reject the booking within 24 hours of when the booking is requested or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Nights2stay will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s payment card will be released, if applicable.
You agree to pay Nights2stay for the Fees for any booking requested in connection with your Nights2stay Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Nights2stay, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your payment card for the Fees or (ii) charge your payment card a nominal amount, not to exceed one dollar (£1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one US dollar) to verify your payment card. Once Nights2stay receives confirmation of your booking from the applicable Host, Nights2stay will collect the accommodation costs in accordance with these terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Nights2stay cannot control any fees that may be charged to a Guest by his or her bank related to Nights2stay’s collection of the Fees and Nights2stay disclaims all liability in this regard.
In consideration for providing the Services, Nights2stay collects service fees.
("Service Fees"). Service Fees are made up of 10% of the total Accommodation Fees.
Balances will be remitted by Nights2stay to Hosts via cheque, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Application and Services. Please note that for any payments by Nights2stay in currencies other than Sterling, Nights2stay may deduct foreign currency processing costs from such payments.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Nights2stay will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.
If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Nights2stay will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Nights2stay containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay Nights2stay the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Nights2stay, please contact Nights2stay. Please see the Contact Us page.
Damage to Accommodations
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise allow access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the payment card on file in your Nights2stay Account. Nights2stay also reserves the right to charge the payment card on file in your Nights2stay Account, or otherwise collect payment from you and pursue any avenues available to Nights2stay in this regard, including using Security Deposits, in situations in which you have been determined, in Nights2stay’s sole discretion, to have damaged any Accommodation. If we are unable to charge the payment card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to Nights2stay (if applicable). Both Guests and Hosts agree to cooperate with and assist Nights2stay in good faith, and to provide Nights2stay with such information and take such actions as may be reasonably requested by Nights2stay, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Nights2stay Host Guarantee) or with respect to any investigation undertaken by Nights2stay or a representative of Nights2stay regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon Nights2stay’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, in a process which will be conducted by Nights2stay or a third party selected by Nights2stay, with respect to losses for which the Host is requesting payment from Nights2stay under the Nights2stay Host Guarantee.
If you are a Guest, you understand and agree that Nights2stay reserves the right, in its sole discretion, to make a claim under your house holders insurance policy related to any damage or loss that you may have caused or been responsible for to an Accommodation or any personal or other property located at an Accommodation (including amounts paid by Nights2stay under the Nights2stay Host Guarantee.) You agree to cooperate with and assist Nights2stay in good faith and to provide Nights2stay with such information as may be reasonably requested by Nights2stay in order to make a claim under your house holders insurance policy, including, but not limited to, executing documents and taking such further acts as Nights2stay may reasonably request to assist it in accomplishing the foregoing.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts robots or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Content;
- use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Nights2stay Guest or Host;
- offer, as a Host, any Accommodations that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
- offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
- register for more than one Nights2stay Account or register for an Nights2stay Account on behalf of an individual other than yourself;
- contact a Host for any purpose other than asking a question related to booking such Host’s Accommodations or Listings;
- contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site, Application and Services;
- when acting as a Guest or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitors of Nights2stay, without Nights2stay’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site, Application or Services;
- use the Site, Application and Services to find a Host or Guest and then complete a booking of an Accommodation transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Nights2stay’s provision of the Services;
- as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honour;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders or otherwise;
- access, tamper with, or use non-public areas of the Site or Application, Nights2stay’s computer systems or the technical delivery systems of Nights2stay’s providers;
- attempt to probe, scan or test the vulnerability of any Nights2stay system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Nights2stay or any of Nights2stay’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage or assist any third party in doing any of the foregoing.
Nights2stay will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Nights2stay may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Nights2stay has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Nights2stay reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Nights2stay, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Nights2stay and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services or Collective Content.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Nights2stay used herein are trademarks or registered trademarks of Nights2stay. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Nights2stay respects copyright law and expects its users to do the same. It is Nights2stay’s policy to terminate in appropriate circumstances the Nights2stay Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Termination and Nights2stay Account Cancellation
Nights2stay may in its sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services and (b) deactivate or cancel your Nights2stay Account. Upon termination Nights2stay will promptly pay you any amounts we reasonably determine Nights2saty owe to you and in line with our legally obligations. In the event Nights2stay terminates these Terms or your access to our Site, Application and Services or deactivates or cancels your Nights2stay Account, you will remain liable for all amounts due hereunder. You may cancel your Nights2stay Account at any time via the "Cancel Account" feature of the Services or by sending an email to Nights2stay. Please note that if your Nights2stay Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (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 Nights2stay by contacting us with your police station and report number at Nights2stay, provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Nights2stay and you regarding the Site, Application, Services and Collective Content. Any bookings or Listings of Accommodations made via the Site, Application and Services subject to these Terms, supersede and replace any and all prior oral or written understandings or agreements between Nights2stay and you regarding bookings or listings of Accommodations, the Site, Application, Services and Collective Content.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Nights2stay (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You and Nights2stay agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes" ) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Nights2stay are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Nights2stay otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
The failure of Nights2stay to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Nights2stay. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.