CompleteStay Terms & Conditions
Last Updated: July 8th, 2016
CompleteStay. (hereafter referred to as “CompleteStay”, “CS”, “we”, “us”, or “our”) provides an online platform that accepts applicants to its subletting program and offers to be an intermediary between leaseholders or landlords who have accommodations to rent with guests seeking to rent such accommodations (collectively, the “Services”), which Services are accessible at www.completestay.com and any other websites through which CS makes the Services available (collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and your participation in the Services and constitute a binding legal agreement between you and CS. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH USERS (DEFINED BELOW) MAY APPLY THEIR PROPERTY (DEFINED BELOW) FOR SUBLETTING SERVICES AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS.
“CS Content” means all Content that CS makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and CS Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Guest” means a Member who requests a booking of an Accommodation via the Site or Services, or a Member who stays at an Accommodation.
“Listing” means an Accommodation that is listed for rental via the Site and Services.
“Member” means a person who completes CS account registration process or submits their apartment to the subletting program, including, but not limited to Leaseholders and Guests.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
Certain areas of the Site (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, 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, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE Site. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT. 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 and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
CS reserves the right, at its sole discretion, to modify the Site, 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 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, or Services after we have posted a modification on the Site 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, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, or Services you represent and warrant that you are 18 or older.
How the Site and Services Work
The Site and Services can be used to facilitate the application and booking of residential and other properties (“Accommodations”). Such Accommodations are included in Listings on the Site and Services by CS. You may view Listings as an unregistered visitor to the Site and Services
Bookings and Financial Terms for Guests
CS is solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site and Services. If you, as a Guest, choose to enter into a transaction with CS for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with CS and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by CS.
You agree to pay CS for the Total Fees for any booking requested in connection with your CS Account. Please note that CS cannot control any fees that may be charged to a Guest by his or her bank related to CS’S collection of the Total Fees, and CS disclaims all liability in this regard.
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 provide access to, the Accommodation. In the event that CS 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 credit card on file in your CS Account. CS also reserves the right to charge the credit card on file in your CS Account, or otherwise collect payment from you and pursue any avenues available to CS in this regard, including using Security Deposits, in situations in which you have been determined, in CS sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by CS, and in relation to any payments made by CS. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to CS (if applicable).
Guests agree to cooperate with and assist CS in good faith, and to provide CS with such information and take such actions as may be reasonably requested by CS, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by CS or a representative of CS regarding use or abuse of the Site, or the Services. If you are a Guest, upon CS’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 CS, at no cost to you, which process will be conducted by CS or a third party selected by CS, with respect to losses for which CS is requesting payment.
If you are a Guest, you understand and agree that CS reserves the right, in its sole discretion, to 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 an Accommodation or any personal or other property located at an Accommodation. You agree to cooperate with and assist CS in good faith, and to provide CS with such information as may be reasonably requested by CS in order 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 CS may reasonably request to assist CS in accomplishing the foregoing.
You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations, that may apply to your use of the Site,Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:
* use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, , Services or Content;
* use the Site, 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, 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, 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, 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, or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
* systematically retrieve data or other content from our Site, 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, or spiders, or otherwise;
* use, display, mirror or frame the Site, or any individual element within the Site, Services, or CS’s name, any CS trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CS’s express written consent;
* access, tamper with, or use non-public areas of the Site, CS’s computer systems, or the technical delivery systems of CS’s providers;
* attempt to probe, scan, or test the vulnerability of any CS system or network or breach any security or authentication measures;
* avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CS or any of CS’s providers or any other third party (including another user) to protect the Site, Services, 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, 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, or Collective Content; or
* advocate, encourage, or assist any third party in doing any of the foregoing.
CS will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CS may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that CS has no obligation to monitor your access to or use of the Site, 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 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. CS reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that CS, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, or Services.
IF YOU CHOOSE TO USE THE SITE, SERVICES,YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUEST, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CS MAKES NO WARRANTY THAT THE SITE, SERVICES AND COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY ACCOMMODATIONS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CS OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, BOOKING OF ANY ACCOMMODATIONS VIA THE SITE AND SERVICES. NEITHER CS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, , OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES,OR FROM YOUR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL CS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR BOOKING OF ANY ACCOMMODATION VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE , SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ACCOMMODATION, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold CS and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, (iii) the use, condition or rental of an Accommodation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation.