Terms of Service
Thank you for choosing Happipad!
These Terms of Service (“Terms”) are a binding legal agreement between you and Happipad that govern your use of the websites, applications, and other offerings from Happipad (collectively, the “Happipad Platform”). When used in these Terms, “Happipad,” “we,” “us,” or “our” refers to Happipad Technologies Inc, 201-460 Doyle Avenue, Kelowna British Columbia, Canada, V1Y 0C2.
By using or registering with the Site, or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). These Terms govern your access to and use of the Site, Application and Services and all Collective Content and constitute a binding legal agreement between you and Happipad.
In addition, 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, standards, guidelines, or policies 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.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
1. Platform and Services
Happipad is a service that connects individuals who have a spare bedroom for rent (“Hosts”) with individuals who are seeking fixed-term affordable rental accommodations (“Guests”) by:
providing a platform for Hosts and Guests to connect online and enter into shared living arrangements (“Living Arrangement”); and
facilitating the payment of Rent (as defined below) and related fees from Guests to Hosts,
(collectively, the “Services”).
The Services are accessible at happipad.com and app.happipad.com and any other websites through which we make the Services available from time to time (collectively, the “Website”) and as applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the “Application”).
You must register an account to access and use many features of the Happipad Platform, and must keep your account information accurate. As the provider of the Happipad Platform, Happipad does not own, control, offer or manage any Listings. Happipad is not a party to the contracts concluded directly between Hosts and Guests, nor is Happipad a real estate broker or insurer. Happipad is not acting as an agent in any capacity for any Member.
If you agree to these Terms on behalf of a society 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.
2. Terms of Service Subject to Amendment
These Terms are subject to change without notice. By continuing to use or access the Website, Application, or Services, you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Website, Application, or Services will be subject to these Terms.
3. The Services
The Website, Application, and Services comprise a platform (the “Happipad Platform”) for Hosts and Guests to meet online and enter into Living Arrangements directly with each other. We do not own, operate, manage, provide, rent, or control any properties, including the Bedrooms or Residences listed on the Happipad Platform.
By using the Website, Application, and Services, you understand and acknowledge that we provide a marketplace and booking service. Unless explicitly specified otherwise, our responsibilities are limited to facilitating the availability of the Website, Application, and Services.
We are not a party to any agreements entered into between Guests and Hosts nor are we a broker, agent, or insurer. All Guests and Hosts agree to abide by our Code of Conduct.
Hosts and Guests who have an active Living Arrangement Agreement through the Happipad Platform will be automatically enrolled into our Home Share Support. Happipad will make its best effort to support and resolve conflicts, issues, and disputes between Hosts and Guests related to the shared living arrangement in accordance with our Home Share Support Policy.
Happipad disclaims all liability in regard to the actions and conduct of Hosts, Guests, and other users of the Website, Application, and Services to the maximum extent permitted by law.
4. Account Registration
In order to access certain features of the Website and Application, including the ability to create a Room Listing (as defined below) as a Host or apply for a Room Listing as a Guest, you must become a member of Happipad (“Member”) by registering to create an account (“Account“) on the Happipad Platform.
If you choose to register for an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You also agree to:
- provide true, accurate, current, and complete information about yourself as required by our registration form (the “Registration Data“);
- maintain and update the Registration Data to keep it true, accurate, current, and complete; and
- be responsible for all activities that occur under your Account.
If you provide any information that is, or we have reason to suspect is, untrue, inaccurate, not current, incomplete, or otherwise in violation of these Terms, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. Unless expressly authorized by a specific feature on the Happipad Platform, you are not permitted to share your Account with anyone or allow others to access or use your Account. You must immediately notify us of any unauthorized use of your Account.
5. Room Listings
Hosts can create a listing (“Room Listing”) for an available bedroom for rent (“Bedroom”) at their place of residence (the “Residence”). Guests can search for Room Listings that meet their specified requirements. Room Listings will be made available to Guests based on the requirements set out in the Guests’ search, the information provided by Hosts in their Room Listings, match ratings between the Guests and Hosts based on personality, interests, living habits, and lifestyle, and other relevant search parameters. Guests can then apply for the Room Listings they are interested in. Hosts will then have an opportunity to accept or decline Guests’ applications.
To create a Room Listing as a Host, you will need to:
- Complete a Host profile and provide certain information about yourself and what preferences you have when sharing your home with a Guest.
- Provide certain information about the Bedroom you intend to rent and your Residence including photos of the Bedroom, details about features and facilities at your Residence, House Rules (as defined below), Household Duties (as defined below) and the monthly Rent (“Rent”);
- Complete a screening report and identity verification;
- Complete a property verification by providing copies of utility bills
- Pay any applicable Fees (as outlined on our Pricing page)
Hosts must validate and connect a Canadian bank account with the Happipad payment platform to receive payments for rent, deposits, and damage claims. This will include providing a void cheque or direct deposit slip and may require the verification of micro deposits into the bank account. Payments will only be made to verified accounts in the name of the Host.
To search for Room Listings as a Guest, you will need to provide certain information about yourself including your name and contact information as well as certain information about your preferences in relation to a Living Arrangement. To apply for Room Listings as a Guest, you will need to:
- Complete a Guest profile and provide information about your lifestyle, habits, and preferences to share a home with a Host.
- Provide details about any pets you own including a photo of your pet(s).
To rent a room, Guest are required to complete a screening report and identity verification. This will be completed through the Screening section of the Guest profile within the Happipad Platform.
6. Living Arrangement Agreement
Upon a Host’s acceptance of a Guest’s application, the Host and the Guest will enter into a living arrangement agreement in accordance with the terms of Happipad’s standard agreement (the “Living Arrangement Agreement”). The Living Arrangement Agreement governs the terms of the relationship between the Host and the Guest. You acknowledge that Happipad Technologies is not a party to the Living Arrangement Agreement.
By registering for an Account, you represent and warrant that you understand and agree to comply with, and be legally bound, by the Living Arrangement Agreement. If you do not agree to the terms of the Living Arrangement Agreement, then you cannot create a Room Listing as a Host or apply for a Room Listing as a Guest on the Happipad Platform.
The Living Arrangement Agreement can only be amended through the Happipad Platform and by agreement of the Host and the Guest.
Any terms specified in the Living Arrangement Agreement do not override any provincial rental or tenancy laws and any attempt to do so will not be enforceable.
7. Residential Tenancy Act and Regulations
You acknowledge that the nature of the Living Arrangement constitutes a living accommodation in which a Guest shares a bathroom or kitchen facilities with a Host, and as such provincial residential tenancy laws and regulations do not apply to this Agreement.
Happipad charges service fees for some services, as outlined on our Pricing Page.
(collectively, the “Fees”).
We may charge certain fees to Hosts in consideration for use of the Happipad Platform (“Membership Fees”). In addition, we may charge certain fees to Hosts in consideration for the support services provided by Happipad in connection with a Living Arrangement (“Service Fees”).
We reserve the right to change our Fees and initiate any new fees in connection with the Website, Application, or Services at any time. More information about our Fees can be found on our Pricing page. Unless otherwise stated, all Fees are displayed in Canadian Dollars.
Hosts must have a payment method on file in order to create a Room Listing, and you are responsible for paying the Membership Fees associated with the Services with a valid payment method by the payment due date applicable to your Account. If your payment method fails or your account is past due, we may suspend or terminate your Account and refuse any and all current or future use of the Services until full payment is made.
We will facilitate payment of the Service Fees by deducting the Service Fees from monthly Rent payments collected from your Guests.
Payment of the Fees is not a promise or guarantee of any particular result or return. You understand and agree that the availability and suitability of Guests may depend on a number of factors including preferences, the specifications set out in each Room Listing, match rating between Guests and Hosts based on personality, interests, living habits, and lifestyle, and other relevant search parameters. While we endeavour to attract Guests through the Website, Application, and Services, we do not guarantee any minimum number of available Guests for Room Listings.
9. Deposits and Rent
When Guests apply for a Room Listing and their application has been accepted by the Host, Guests will be charged:
- a security deposit equal to one half of the monthly Rent (the “Security Deposit”), except in Quebec; and
- a pet damage deposit, if applicable, equal to one half of the monthly Rent (the “Pet Damage Deposit”), except in Quebec.
(collectively, the “Deposits”).
We will facilitate the payment of the applicable Deposits to the Host on behalf of the Guest. We will refund Deposits to Guests in accordance with the cancellation terms set in section 11 or 12 of these Terms. For greater certainty, Guests will not earn interest on the Deposits.
Rent will be due each month on the due date (the “Rent Due Date”) set out in the Living Arrangement Agreement. Guests are responsible for paying Rent through the Happipad Platform by the Rent Due Date. We will charge a processing fee for Rent payments made by credit card.
Payment of the Deposits or Rent through the Happipad Platform will be considered the same as payment made directly by the Guest to the Host.
If your Rent payment fails, an administration fee will be applied to your Account. If your Rent becomes past due, a further late fee will be applied to your Account.
All payments made by credit card, including Deposit and Rent payments, will be subject to a convenience fee of 3%.
We reserve the right to change the above fees and initiate any new fees in connection with the Website, Application, or Services at any time. More information about our fees can be found on our Pricing page. Unless otherwise stated, all fees are displayed in Canadian Dollars.
Guests must have a payment method on file in order to apply for a Room Listing, and you are responsible for paying any and all fees associated with your use of the Services with a valid payment method by the payment due date applicable to your Account.
We may suspend or terminate your Account and refuse any and all current or future use of the Services until any overdue Rent or other applicable fees that have been applied to your Account in accordance with these Terms (“Administrative Fees”) are paid in full. In addition, you will be responsible for all collection or legal fees necessitated by failed or overdue Rent payments or Administrative Fees applied to your Account.
We reserve the right to change any of our Administrative Fees and initiate any new fees in connection with the Website, Application, or Services at any time. More information about Administrative Fees can be found on our Pricing page. Unless otherwise stated, all Fees are displayed in Canadian Dollars.
By Hosting with Happipad, you understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant taxing authority any Taxes included or received by you. Happipad cannot and does not offer Tax-related advice to any Members, nor does Happipad collect or withhold taxes on your behalf.
11.Modifications to Living Arrangement
All requests for modifications to the start date (“Start Date”) or end date (“End Date”) of Living Arrangements must be submitted through the Happipad Platform and must be agreed to by the Guest and the Host.
Except as otherwise set out in these Terms, Guests will not be entitled to any discounts or pro-rated Rent as a result of moving in later than the Start Date or moving out earlier than the End Date.
For greater certainty, Guests will not be entitled to any discounts, pro-rated Rent, or refund of Rent that has been paid prior to a request to modify an End Date.
Except as set out above, no other modifications may be made once a Living Arrangement Agreement has been signed.
Subject to the terms of the Living Arrangement Agreement, either a Host or a Guest may cancel a Living Arrangement any time before the Start Date.
If a Host cancels a Living Arrangement before the Start Date, we will facilitate the refund of the Security Deposit to the Guest.
If a Guest cancels a Living Arrangement more than one month before the Start Date, we will facilitate the refund of the Security Deposit to the Guest, less a $75 administrative fee payable to Happipad Technologies.
If a Guest cancels a Living Arrangement less than one month before the Start Date, we will facilitate the payment of the Security Deposit to the Host, less a $75 administrative fee payable to Happipad. For greater certainty, the Guest will not be entitled to a refund of the Security Deposit.
All cancellations of Living Arrangements must be submitted through the Happipad Platform.
Hosts must provide their Guests with a Bedroom, as specified in their Room Listing, as well as access to, and use of, certain shared common spaces in their Residence, which must include at least:
- one bathroom either private or shared;
- laundry room, if available in the Residence; and
- any hallways necessary to access the Bedroom and the common spaces set out above,
(collectively, the “Shared Common Spaces”).
Hosts must provide their Guests with access to the basic utilities set out below (“Basic Utilities”) and reasonable usage of the Basic Utilities must be included in the Rent:
- natural gas, if applicable; and
- air conditioning, if applicable.
Hosts may not increase the Rent during the term of a Living Arrangement and, except as provided in the Living Arrangement, may not charge additional fees to their Guests.
If a Host is required to make repairs or alterations to the Residence or the Premises in order to comply with applicable laws, such repairs or alterations must be done at no cost to their Guests.
Except as otherwise provided in the Living Arrangement Agreement, a Host and a Guest must inspect the condition of the Residence, including the Bedroom and the Shared Common Spaces together on the following occasions:
- when the Guest moves in to the Residence;
- when the Guest brings a pet into the Residence; and
- when the Guest has vacated the Residence,
(collectively, the “Condition Inspections”).
If any of the Condition Inspections are not carried out, the Host will not be entitled to reimbursement for any repair costs from the Security Deposit or the Pet Damage Deposit, if applicable.
15.Return of Deposits
Except as otherwise provided in these Terms, we will facilitate refund of the Deposits to the Guest within 30 clear days of the later of:
- the end date set out in the Living Arrangement Agreement; and
- the date the Guest vacates the Residence.
If a Host informs us, or it otherwise comes to our attention that, a Guest has breached a provision of a Living Arrangement Agreement resulting in Rent owing by the Guest to the Host, Happipad may facilitate the payment of the Security Deposit to the Host in satisfaction of Rent or as a credit towards Rent owed by the Guest.
If a Host, acting reasonably, determines that there has been damage to their Residence or other property located on or about the Host’s Premises which damage can be attributed to the Guest, visitors of the Guest, or a pet belonging to the Guest or a visitor of the Guest, the Host must submit a damage claim (“Damage Claim”) through the Happipad Platform within 7 clear days, but in any event no later than 7 clear days after the End Date, setting out the details of the damage and the cost of repairs.
Upon a Damage Claim being received by Happipad, the Guest will be given notice of the Damage Claim through the Happipad Platform.
If the Guest:
- accepts the Host’s Damage Claim; or
- does not respond to the Host’s Damage Claim within 7 clear days of the Damage Claim notice being given to the Guest through the Happipad Platform,
Happipad will facilitate the payment to the Host of the cost of repairs from the Deposits.
If the Guest does not agree with the Host’s Damage Claim, the Guest may refer the matter to the Happipad SC (as defined below) in accordance with these Terms.
If the cost to repair the damage is greater than the amount of the Deposits, the Host may require that the Guest reimburse the Host in accordance with the terms of the Living Arrangement Agreement or otherwise refer the matter to the Happipad SC (as defined below) in accordance with these Terms.
Guests must not bring any visitors into the Residence without permission from their Host.
Hosts may determine whether or not visitors will be allowed in their Residence. However, any restrictions on visitors must not be unreasonable or discriminatory and must not contravene any applicable laws or regulations including human rights laws. Hosts must not charge additional fees to their Guests for visitors.
18.House Rules and Household Duties
Hosts may establish a set of rules (“House Rules”) intended to promote a harmonious living environment. Any such House Rules must not be unreasonable and must not contravene any applicable laws or regulations.
Hosts must review the House Rules with their Guests at the time the Guests move in and must advise their Guests of any changes in the House Rules with a reasonable amount of notice.
Hosts may request assistance with certain household tasks related to the maintenance of the Residence or the Premises (“Household Duties”). The Household Duties must not be unreasonable and must not contravene any applicable laws or regulations including health and safety regulations.
By applying for a Room Listing as a Guest, you indicate that you are willing to accept the Household Duties set out in the Room Listing. Hosts and Guests are encouraged to review and agree to Household Duties at the time the Guests move in.
19.Feedback and Reviews
Within 14 days after the end of a Living Arrangement, Guests and Hosts will have the option to provide feedback on their rental experience (“Feedback”). Guests and Hosts will also have the option to submit a public review (“Review”) about each other and their rental experience. Feedback and Reviews reflect the opinions of individual Members and do not reflect the opinion of Happipad. We do not verify Feedback or Ratings and we make no representations about the accuracy of such Feedback or Reviews. Reviews are part of a Member’s public profile and may also be displayed elsewhere on the Happipad Platform (such as the Room Listings page) together with other relevant information.
20.Disputes between Members
If a Host and Guest are unable to resolve a claim or dispute that arises in relation to a Living Arrangement (“Dispute”), then either party may elect to refer such Dispute to the Support Centre of the Happipad Platform (the “Happipad SC”) in accordance with the terms of the Living Arrangement Agreement.
We will determine, in its sole discretion, whether the Dispute is relevant to the Living Arrangement and whether the Happipad SC will be involved in the dispute resolution process.
Members agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as may be reasonably requested by us, in connection with any Disputes or other complaints or claims made by Members. A Member must, upon our reasonable request, participate in mediation or a similar resolution process with another Member, which process will be conducted by us or a third party selected by us, with respect to a Dispute referred to us by a Member.
For greater clarity, the role of Happipad SC is to provide Hosts and Guests with support and resources in the dispute resolution process. Happipad does not have jurisdiction to settle any Disputes and in no event will Happipad render a decision with respect to a Dispute. A Dispute that is not resolved by the Host and Guest with the support of the Happipad SC may be referred to mediation or the courts of the province of the Residence pursuant to the the terms of the Living Arrangement Agreement.
Guidelines for Happipad’s support are outlined in the Happipad Home Share Support Policy.
21.Ownership of Content
All material on the Website and Application, any related registered domains and subdomains, and any other digital medium owned or operated by us, including the design, layout, videos, audio, text, photographs, graphics, interfaces, computer code, appearance, trademarks, and logos used therein as well as individual articles, blogs, videos, photographs, and other content or elements comprising the Website and Application (collectively, the “Protected Material”) are copyrighted works and are owned or licensed by us, unless otherwise specified.
Reproduction of the Protected Material, or any part thereof, is prohibited except with our written consent or in accordance with the law and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) maintain all rights related to the Protected Material.
22.Household Etiquette Policy
Homes on the Happipad platform are privately owned homes and all occupants within the home must comply with this Household Etiquette Policy. Guests are to treat the Property with the same care as if it was your own residence and leave it in the same or better condition as it was in when you arrived. To prevent theft of or damage to furnishings or your personal property, you agree to close and lock doors and windows when you are not present at the Property and upon check-out. You and other Occupants agree to conduct yourselves throughout your stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to Happipad from police, neighbors, or neighborhood or homeowner associations. Noise must be kept to a minimum and quiet hour of the home must be respected. You and other Occupants agree to abide by all applicable parking restrictions and limitations. Hosts and Guests are to establish their own set of mutually agreed upon house rules within the first seven days of starting a new living arrangement, these can be modified at a later date with mutual agreeance.
Hosts and Guests are to treat each other with respect and acknowledge that each person is independent and able to make their own decisions. There is no expectations for Hosts or Guests to cook for each other, carpool, or perform other acts of service. Any acts of service to help each other will be considered voluntary and will not be considered an expectation of the living arrangement. Any agreement between Hosts and Guest to volunteer or perform acts of service will be between the Host and Guest only.
Hosts and Guests agree to respect the privacy and confidentiality of each other and any other household occupants. Hosts and Guests agree to creating a home environment that is safe must respect each other’s beliefs, values, traditions, culture, and opinions. Any derogatory comments, actions, or language will not be tolerated in the household. It is understandable that people may have a difference of opinion and beliefs from time to time, in these events each person shall explain their perspective to reach a resolution without verbally attacking each other.
23.Your Representations and Warranties
By submitting, posting, uploading, or transmitting content on or through the Website, Application, or Services in any format including comments, images, photographs, graphics, texts, videos, audio, appearance, trademarks, or logos used therein (collectively, the “Member Content”), you represent and warrant that you own or have the necessary licences, rights, consents, and permissions to use and authorize us to use such Member Content in the manner contemplated by us and these Terms.
You agree not to submit or use any inappropriate content in relation to the Website, Application, or Services. In furtherance of the above, you agree that you will not:
- submit, post, upload, or transmit material that is copyrighted, protected by trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein;
- submit, post, or upload falsehoods or misrepresentations that could damage us, our users, or any third party;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- submit, post, or upload material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to a civil liability, violate any local, provincial, national, or international law, or is otherwise inappropriate;
- submit, post, or upload advertisements or solicitations of business;
- collect or store personal data about Members or other users without their express consent;
- manipulate the Feedback or Ratings system in any manner, such as instructing a third party to submit a particular Rating about another Member; or
- submit, post, or upload material that contains anything, such as viruses, that will disturb, destroy, or impair the use of the Website, Application, or Services.
24.Responsibility for Content, Actions, and Compliance with Laws
You acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who represent you, whether as an employee, contractor, agent, or in another capacity, and any individuals who reside at or are otherwise present at your Residence at your request or invitation.
You understand and agree that we do not act as an employer, insurer, or agent of any Member. We do not have any control over the conduct of any Member and will not be liable, in any way for any acts or omissions of any Member. We do not make any guarantees with respect to the suitability of the Living Arrangement or the Room Listings on the Happipad Platform for your purposes.
You agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary or other right in Member Content submitted by you. You assume all liability for any claims, suits, or grievances filed against you, including all damages related to your submitted Member Content and your participation on and through the Website, Application, and Services.
You are responsible for complying with all applicable laws and regulations, including human rights laws, criminal laws, intellectual property laws, housing laws and regulations, health and safety laws, regulations, and standards, building codes and standards, and bylaws and other municipal regulations when you use the Website, Application, and Services. You will be solely responsible for the breach of any laws in association with your use of the Website, Application, and Services.
Hosts acknowledge and agree that they will be solely responsible for ensuring any Room Listing they create, and their Guests’ stay at the Host’s Residence, will:
- not breach any agreements the Host has entered into with any third parties including homeowners’ associations, condominium or strata boards, or insurance providers; and
- comply with all applicable laws including zoning and other applicable bylaws (including having all required permits, licenses, and registrations).
By registering for an Account as a Host, you represent and warrant that you are the legal owner of the Residence or, if you are not the legal owner of the Residence, that you have the express consent of the legal owner of the Residence to create a Room Listing on the Happipad Platform. If you do not own the Residence or have the consent of the owner of the Residence, then you cannot create a Room Listing as a Host on the Happipad Platform.
If a Guest applies for a Room Listing and the Host accepts such an application, any agreement entered into is strictly between the respective Host and Guest and we are not a party to it.
Members are prohibited from requesting, offering, negotiating, or engaging in any activities that:
- violate applicable laws or regulations or the legal rights of any person or entity including human rights laws, criminal laws, intellectual property laws, housing laws and regulations, health and safety laws, regulations, and standards, building codes and standards, and bylaws and other municipal regulations;
- encourage or facilitate illegal activity;
- would harm any person including children or minors; or
- relate to spam, or unsolicited services or products, or false, misleading, or fraudulent services or products.
26.Licence of Your Content
By making available any Member Content on or through the Website, Application, or Services, or through Happipad promotional campaigns, you grant, or warrant that the owner of such materials expressly grants, us and our affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable, and non-exclusive right and license to use, authorize use of, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and to use such content for promotional and marketing purposes. In addition, you warrant that all moral rights in such materials have been waived.
We do not have to compensate you for our use of any Member Content. We reserve the right to edit in whole or in part, remove, or not publish any Member Content without prior notice.
27.Use of Software
Any software that is made available to you on or through the Website or Application is deemed to be licensed to you from us on a non-exclusive and non-transferable basis and solely for your use in connection with the Website, Application, and Services. We retain ownership and intellectual property rights of any such software, unless otherwise indicated. You are prohibited from selling, distributing, reproducing, decompiling, reverse-engineering, or otherwise using any software on the Website or Application, except for the use contemplated by these Terms.
We do not endorse any Hosts, Guests, or Room Listings, nor will we be responsible for the actions or inactions of any Hosts or Guests. You should therefore ensure that you carry out your own searches and ask questions of Guests or Hosts, as applicable, that you wish to enter into a Living Arrangement within order to satisfy yourself as to the suitability of the Living Arrangement and compatibility with the Guest or Host, as applicable.
29.Opinions Expressed on Website and Application
Opinions and other statements expressed by Members and third parties (including bloggers and feature contributors) are theirs alone, and do not represent our opinions. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by us.
You acknowledge that by providing you with the ability to view and distribute Member Content through the Website, Application, and Services, we are not undertaking any obligation or liability relating to the Member Content. We do not undertake or assume any duty to monitor the Website and Application for inappropriate or unlawful content and we assume no responsibility or liability which may arise from the content thereof, including claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, we reserve the right to block or remove communications, postings, or materials at any time in our sole discretion.
The information contained on the Website and Application is for general information purposes only. While we use reasonable efforts to include accurate and up-to-date information on the Website and Application, we make no representations or warranties of any kind, express or implied, that any content is or remains complete, accurate, up-to-date, available, free from bugs, errors or omissions, or fit or suitable for any purpose. Any reliance you place on such information is strictly at your own risk. None of the information on the Website or Application is to be taken as advice of any kind.
The Services are made available to you on an “as is” basis. We expressly deny any and all warranties and representations, express or implied, regarding the Services. For greater certainty, we do not represent nor warrant that the use of the Website, Application, or Services will satisfy your purposes. It will be your own responsibility to ensure that any services available through the Website and Application meet your specific requirements.
While we make reasonable efforts to ensure that the Website and Application are available, we do not represent, warrant, or guarantee in any way the Website or Application’s continued availability at all times or uninterrupted use by you of the Website, Application, or Services.
31.Limitation of Liability
We take no responsibility for, and will not be liable for, any error or inaccuracies in any content or the Website, Application, or Services being temporarily unavailable due to technical issues beyond our control. It is our right to make the Website, Application, or Services unavailable from time to time, solely at our discretion, and we will not be liable for any loss or damage relating to such unavailability.
We are not responsible for any loss or damage, including loss or damage arising from the loss of data, revenue, salary, profits, or reputation in connection with the use of the Website, Application, or Services. Any claim against us will be limited to the amount you paid, if any, for use of the Website, Application, and Services.
32.Third Party Websites
From time to time the Website or Application may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You agree that we will not be liable in any way, either directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with the use of or reliance on any content, goods or services available through such third parties.
We make no representation that materials on this site are appropriate or available for use in locations outside Canada. If you access the Website, Application, or Services from other locations, you agree that you are doing so on your own initiative and that you are wholly responsible for compliance with local laws.
34.Changes to the Services
In connection with any purchase of Services from the Website or Application, we do not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features. We have the right to change any of the features on, or the services being offered through, the Website and Application.
35.Discontinuation or Suspension of Website, Application, or Services
We reserve the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Website, Application, or Services, or any part thereof, with or without notice and in our sole discretion. You agree that we will not be liable to you or any third party for any such modification, suspension, or discontinuance of the Website, Application, or Services.
36.Termination, Unauthorized Use
In the event that you breach these Terms, we have the right to terminate your access to the Website, Application, and Services, to delete any Member Content, and to disclose any of your information as necessary. Unauthorized use of the Website, Application, or Services may give rise to a claim for damages and/or result in you being held liable for a criminal offence in a court of law.
In addition, we reserve the right to terminate your access to our Website, Application, and Services for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of us or our users as a whole.
You agree to indemnify and hold harmless Happipad Technologies and its affiliates, and their respective directors, officers, shareholders, employees, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from your acts, omissions, access to or use of the Website, Application, or Services, your violation of these Terms, your breach of your representations and warranties hereunder, or your violation, or violation by any other user under your name, of any applicable laws or regulations, or the legal rights of any person or entity in relation to your use of the Website, Application, or Services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification, in our sole discretion. In such event, you must provide us with such cooperation as is reasonably requested by us.
These Terms do not create a joint venture, partnership, employment, or agency relationship between us and you.
If you choose to create an Account on the Happipad Platform, you understand and agree that your relationship with us is limited to being a Member and not our employee, agent, joint venture, or partner. You act exclusively on your own behalf and for your own benefit, and not on our behalf or for our benefit. We do not control, and have no right to control, your Account, your offline activities associated with Room Listings, or any other matters related to any Room Listings. As a Member, you agree not to do anything to create a false impression that you are endorsed by, employed by, partnering with, or acting on behalf of or for the benefit of us, including by inappropriately using any of our intellectual property including terms, trademark, or branding.
Hosts are not permitted to represent themselves as our employees or that they have the ability to bind us in any act, promise, representation, or contract, or to bind us to perform any obligations to any third party.
The headings used in these Terms are inserted for convenience of reference only and will not affect the construction or meaning of any of the provisions contained in these Terms or govern the rights or liabilities of any of the parties subject to these Terms.
In these Terms, words importing the singular number include the plural and vice versa. The term “including” means “including, without limiting the generality of the foregoing”.
The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms and any such invalid or unenforceable provision will be deemed to be severable.
No waiver of any breach of any provision of these Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by the waiving party.
We have the right to assign these Terms in relation to a merger, acquisition, corporate reorganization, by operation of law or otherwise.
The laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein govern these Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any claim, whether at law or equity, arising out of or related to the provision of Services by us, regardless of the date or location of accrual of such dispute, will be within the exclusive jurisdiction of the courts of British Columbia, Canada.
If you have any questions or concerns about our Terms, please contact in writing at 201-460 Doyle Ave, Kelowna BC, Canada, V1Y 0C2, or email [email protected]
Last updated: February 2, 2022