The use of the masculine in this document is for the sole purpose of lightening the text.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, REMEDIES AND OBLIGATIONS. THEY INCLUDE DIFFERENT LIMITATIONS AND EXCLUSIONS, A CLAUSE GOVERNING JURISDICTION OF DISPUTES, AND OBLIGATIONS RELATING TO COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
These terms and conditions are concluded exclusively between the company GetYourPlace Group, hereinafter referred to as "GetYourPlace" and any person making a Reservation on the website www.getyourplace.com, hereinafter referred to as "the Customer", "you", "your" and collectively referred to as "the Parties".
The Customer declares that he / she is of age or has parental authorization and has the legal capacity to contract allowing him / her to make a Reservation on this website.
The Parties agree that their relations are exclusively governed by these terms and conditions until the signing of a sublease agreement between GetYourPlace and the Customer.
These terms and conditions may be subject to change.
Thus, it is understood that the applicable conditions are those published on the website at the time of order placement on the website.
TERMS OF SERVICE
When you use the Website or the Services, you agree to comply with and be bound by the stipulations of the these Terms and Conditions of Sale and Use, whether or not you use these Services.
These Terms govern your access to the Website, the Services and the Content and their use; they constitute a legally binding agreement between you and GetYourPlace.
In addition, certain sections of the Website (and your access or use of certain aspects of the Services or the Content) may be governed by other conditions, published policies or standards, or may invite you to accept additional terms and conditions. In the event of inconsistency between these Terms and the general terms and conditions governing a specific section of the Website, the Services, the Content or your contracts, the latter shall prevail.
If you do not agree with these Terms, you have no right to obtain information or to continue to use the Website or the Services.
Use of the Website or Services in violation of these Terms is subject to civil and criminal prosecution.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT IN ACCESSING OR USING THE WEBSITE OR RESERVING AN APARTMENT / ROOM, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE CONDITIONS AND THAT YOU RECEIVE THE SERVICES OF GETYOURPLACE, WHETHER OR NOT YOU ARE REGISTERED WITH THE WEBSITE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT HAVE THE RIGHT TO ACCESS OR USE THE WEBSITE, SERVICES OR CONTENT.
If you agree to these Terms on behalf of a company or other legal person, you represent and warrant that you have the right to engage that company or other legal person in accordance with these Terms, in which case "you", "your" and "yours » will refer to and apply to such or other legal person.
GetYourPlace reserves the right, in its sole discretion, to modify the Website or the Services or to modify these Conditions at any time and without prior notice.
If GetYourPlace makes changes to these Terms, including Service Fees, GetYourPlace will publish the modified Terms on the Website.
GetYourPlace will also update the "Date of Last Update« at the top of these Terms.
If you have already purchased Services, the terms and conditions in effect at the time of purchase will apply. Otherwise, your continued access to or use of the Website or Services will constitute acceptance of the modified Terms.
If you do not accept the modified Terms, either party may terminate the agreement with immediate effect, as a result of which you will no longer be able to use the Website or the Services.
GetYourPlace provides an online platform that can be used to book apartments / rooms for subletting and subscribe to additional services related to this subletting (hereinafter collectively, the "Services"). These Services are available on www.getyourplace.com and all other websites through which GetYourPlace offers the Services (hereinafter referred to collectively as the « Website").
The term "GetYourPlace" refers below to GetYourPlace Group.
"Room" and "Apartment" means all residential and other property.
"Reservation" means a right granted by GetYourPlace to the Client to sign a residential lease and to enter and occupy the Apartment / Room for the period indicated on the lease and until terminated by either Party.
"Registration" means the period that starts when a customer pays the security deposit and ends when the paperwork and various payments necessary for the entry into the dwelling are finalized.
"Check-in" means the arrival of the client in the Apartment / Room.
"Communication" means an email or a text message.
"Service Delivery" means any accessory service related to housing provided by GetYourPlace to the Customer (internet, maintenance of equipment ...).
"Content" means any text, graphic, image, music, software, audio, video, information or other items offered by GetYourPlace through the Website or Services, or its advertising campaigns and official social media channels, including any Content licensed from a third party.
"Advertisement" means an advertisement regarding an Apartment / Room published by GetYourPlace through the Website and offered at the time of Booking.
"Tax" or "Taxes" means any sales tax (GST / QST), housing tax, accommodation tax, any other similar municipal, state, federal or national indirect tax or other withholding tax and tax on income or profits.
"Sublease Agreement" means the sublease agreement governing the premises you sublet, their maintenance, wifi, supply of electricity, water, gas, their furniture and equipment, delivery and maintenance and Customer support during his stay.
"Reservation" means the choice of an Apartment / Room and the payment of a security deposit.
"Rent" means the rent to be paid each month for the subletting of the Apartment / Room as well as for the expenses and services provided.
"Cancellation" means the decision by one of the Parties to terminate the lease prior to the departure date.
The Website may be used to allow Customers to view Apartment / Rooms ads, contact GetYourPlace, book rooms and sign sublease agreements. Those Apartments / Rooms are the subject of advertisements published through the Website.
The Customer may view the advertisements even if he is not registered on the Website; however, if the Customer wants to book a Room and subscribe to GetYourPlace services, he needs to identify himself to GetYourPlace.
GetYourPlace does not own any Apartments / Rooms, does not own, sell, resell, rent property to Customers.
Unless otherwise expressly indicated on the Website, GetYourPlace's responsibilities are limited to providing access to the Website, managing property reservations, subleasing such property to customers and providing ancillary Services included in the rent.
The Website and Services are intended only for individuals aged 18 and over.
Any access or any use of the Website or Services by any person under 18 years of age is strictly prohibited. By accessing or by using the Site or the Services, the Customer declares and warrants to be 18 years of age or older.
The Customer accepts this fact and allows GetYourPlace to use his personal information, such as the full name and date of birth.
APARTMENTS / ROOMS ADVERTISEMENTS
GetYourPlace provides the maximum amount of information about the Apartments / Rooms in their Advertisements, including the location, surface area, key features and amenities and Apartments / Rooms availability as well as the rent and the rules of the apartment. The Customer agrees that the decoration elements (e.g. paintings, mirrors ...) of the Apartments/Rooms shown on the illustrations or photos are not necessarily provided in the Apartment/Room.
On the other hand, each equipment listed on the Advertisement of an Apartment is present in this one, but can be substituted by equipment deemed equivalent by GetYourPlace (e.g. a blue sofa may be substituted by a yellow sofa).
Thus, the Parties agree that the illustrations or photos of the Apartments proposed have no contractual value.
The surface area of the Room mentioned on the Advertisement includes the total floor area of the Room, including any parts for private and exclusive use of the client (e.g. closet, walk-in, private bathroom, space under slanted ceilings ...). The surface areas given on the Advertisement may be rounded at the discretion of GetYourPlace to the superior or inferior basic functional unit. E.g. a 17.6m2 room can be rounded to 18m2.
A difference tolerance of 5% is applicable to all surface areas mentioned, which the Customer accepts.
A visit of the Apartments / Rooms that the Customer is interested in is also possible, free and without any commitment, subject to availability of rooms and availability of the GetYourPlace team to conduct the visit.
Customer understands and agrees that the order or ranking of Ads in search results may depend on many factors including, but not limited to, Customer's preferences in the search engine of the Website.
RESERVATIONS AND FINANCIAL CONDITIONS
If the Customer chooses to book a Room and validates his Reservation by paying a Security deposit, he waives his right of withdrawal and agrees that he must enter into a Sublease agreement for the room with GetYourPlace for the subletting of the relevant Room, and accept the provisions, conditions, rules and restrictions associated with that Room and imposed by GetYourPlace.
He acknowledges and accepts that he will be responsible for the fulfillment of the obligations stipulated in the contract.
By making the reservation he certifies that he has verified his eligibility and is eligible to sublet this accommodation with GetYourPlace, and that he is able to provide the required documents.
He also undertakes to give GetYourPlace his full identity and the documents requested at the time of booking within 24 hours, otherwise GetYourPlace might cancel the Customer's Reservation.
GetYourPlace may, in its sole discretion, cancel a reservation within 72 hours, and a refund in Canadian dollars will be made via PayPal.
As soon as the Reservation procedure is completed, the Customer will receive a written confirmation summarizing the reservation.
A security deposit equal to one month's rent is required to reserve a furnished Room.
A Reservation can not be canceled from the moment the payment of the security deposit is made.
If the Customer wants to leave the apartment and transfer his Sublease agreement to a third person, he must find someone to replace him under the same conditions for the remainder of the lease (minimum duration of 1 month - see point 38 of the sublease agreement).
If the Customer does not find anyone, he will have to pay his rent until the end of his contract.
GetYourPlace reserves the right to cancel a reservation within 72 hours of booking if any of these reasons occurs: the room has been booked but was not available for booking, or GetYourPlace is not satisfied with financial capabilities of the customer.
The Customer understands and agrees to be solely responsible for complying with laws, rules and regulations, and tax obligations that may govern his use of the Website or the Services.
When the Customer uses the Website or the Services, he can not and does not agree to:
- violate any local, regional, national or other applicable laws or regulations, or any decision of a court, including, but not limited to, tax regulations;
- use software, devices, scripts, cancel bots, back doors or other means or manual or automated processes to access, "remove", "browse" or "scan" any web page or other services, contained on the Website;
- access or use the Website or Services to use, display or permit the use or display of any content of GetYourPlace: which is not publicly displayed by GetYourPlace in its search results pages or ad pages before a Reservation is confirmed or in any way that would violate the right to privacy or any other right of the users of GetYourPlace or any other person;
- use the Website or the Services for any commercial or other purpose not expressly permitted by these Terms or falsely implying approval of GetYourPlace, its partnership or otherwise deceiving the Customer's relationship with GetYourPlace;
- weaken, tarnish or otherwise interfere with the "GetYourPlace" trademark in any way, including through the unauthorized use of the Content, the registration and / or use of the terms "GetYourPlace" or narrow terms regarding domain names, trade names, trademarks or other source identifiers, or by the registration and / or use of domain names, trade names, trademarks or other source identifiers that closely mimic or can cause confusion with domain names, trademarks, slogans, advertising campaigns or Content of GetYourPlace;
- copy, store, access or otherwise use any information contained on the Website for purposes not expressly permitted by these Terms;
- infringe the rights of GetYourPlace or any natural or legal person, including in particular, its intellectual property rights, privacy, image or contract;
- damage or interfere with the Website using viruses, cancel bots, Trojan horses, malicious codeS, ping attacks, denial of service attacks, back doors, spoofing of IP addresses or packets, falsified routing or e-mail information or similar methods or technologies;
- use the Website to transmit, distribute, publish or submit any information concerning another natural or legal person, including but not limited to, photographs of third parties without their consent, personal details or debit or credit card numbers, calling or account cards;
- use the Website to distribute unsolicited e-mails ("spam") or advertisements;
- "stalk" or harass any other user of the Website or collect or store any personal data belonging to another user;
- unless expressly authorized by GetYourPlace, request or book a Room while the Customer will not actually occupy the said Apartment / Room;
- impersonate any natural or legal person, falsify any document or make false statements about them or their affiliation to another natural or legal person;
- use automated scripts to collect information about or interact in another way with the Website;
- violate these Conditions;
- be disruptive, abusive, circumventing or harassing in any area or aspect of the Website;
- post, download, publish, submit or transmit any Content that: infringes, misuses or violates a patent, copyright, trademark, trade secret, moral right or any other intellectual property right, the right of publicity or privacy of a third party;
- undermines, or encourages, any conduct that would violate any applicable law or regulation or that would result in a civil liability;
- is fraudulent, false, deceitful (directly or by omission) or misleading;
- is defamatory, obscene, pornographic, vulgar or offensive;
- incites discrimination, fanaticism, racism, hatred, harassment or abuse against an individual or group;
- is violent or threatening or promotes violence or threatening acts against any other person
- or encourages the activities or use of illegal or dangerous substances;
- systematically recovers data or other content from the Website to create or compile, directly or indirectly, in a single or multiple downloads, a collection, compilation, database, directory or other similar grouping, manually, using robots or otherwise;
- use, display, copy or reproduce the Website or the Content or any individual element of the Website or Content, the name of "GetYourPlace", any trademark, logo or any other exclusive information of GetYourPlace, or the layout and the concept of any page or form contained on any page of the Website, without the express written consent of GetYourPlace;
- access, forge, or use any non-public space of the Website, GetYourPlace computer systems or GetYourPlace vendor delivery systems;
- attempt to probe, scan or test the vulnerability of any GetYourPlace system or network or to defeat any security or authentication measures;
- avoid, divert, remove, disable, damage, decode, or otherwise circumvent any technological measure implemented by GetYourPlace or any supplier of GetYourPlace or any other third party (including any other user) to protect the Website or the Content;
- forge any TCP / IP packet header or any part of the information in the e-mail header or any posting of focus group, or otherwise use the Website or Content to send any modified, misleading or false information;
- attempt to decrypt, decompile, disassemble or reverse engineer from the software used to provide the Website or the Content or to induce, encourage, or;
- help any third party to carry out the actions outlined above.
GetYourPlace has the right to investigate and prosecute any breach of the above conditions, to the extent permitted by law.
In addition, and as stated in these Terms, GetYourPlace may take a series of actions against the Customer, including but not limited to, removing or preventing access to all or any part of the Website or Content, in the event of violation of this article or these Terms. GetYourPlace may access, retain and disclose the Customer's information if it has a legal obligation to do so or if it has a good faith belief that it is reasonably necessary to respond to claims against GetYourPlace or comply with any legal proceeding (e.g. subpoenas or warrants), assert or manage its contracts with users, such as these Conditions and the house insurance of the Apartment / Room, for purposes of fraud prevention, risk assessment, investigation, customer assistance, product development and error correction, or protect the rights, property or safety of GetYourPlace, its users or customers in the public.
The Customer acknowledges that GetYourPlace has no obligation to control its access to or use of the Website or the Content or to review, remove or impede access to, or modify any Content, but has the right to do so in the context of the operation and improvement of the Website (including, in particular, for purposes of fraud prevention, risk assessment, investigation and customer assistance), to ensure that the Customer is in compliance with the Terms, to comply with applicable law or the decision of a court, an administration or a government agency, to respond to a content that it would consider as detrimental or as described in these Terms.
GetYourPlace reserves the right, at any time and without notice, to remove any Content or disable access to it if GetYourPlace, at its sole discretion, considers such Content to be objectionable for any reason, contrary to these Terms or otherwise detrimental to the Website or the Services.
The services offered by GetYourPlace are not subject to GST / QST, with some exceptions.
The Website and Services comprise different products, functions and offers, thus additional terms or requirements relating to products and services may apply to the use of these products by the Customer, functions and offers. If additional terms exist regarding the product or Services that the Customer uses, these additional terms become part of these Terms.
The Website and the Content may contain links to websites or resources from third parties. The customer acknowledges and agrees that GetYourPlace is not responsible for:
- the availability or accuracy of these websites or resources;
- or the content, products or services available on or from these websites or resources.
Links to such websites or resources does not indicate that GetYourPlace approves the websites or resources in question or the content, products or services offered thereon.
The Customer acknowledges being solely responsible for and assuming any risk associated with the use of any websites or resources, or the content, products or services offered by these websites or resources.
If the Customer uses the Services as a consumer, GetYourPlace is fully responsible for the applicable legal provisions for the good execution of its obligations under the Terms and Conditions, except in the event of a breach that is attributable either to the Customer or to an unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.
If the Customer does not use the Services as a consumer, he acknowledges and accepts, to the extent permitted by applicable law, to assume all risks resulting from his access and use of the Website, Services and Content, his Reservation of any Room through the Website, whether in person or online.
To the fullest extent permitted by applicable law, neither GetYourPlace nor any other party involved in the creation, production or provision of the Website, the Services or the Content can not be held responsible for consequential damages, as well as loss of profits, loss of data, damage to reputation, service interruptions, computer damage or system failure, or the replacement cost of products and services, whether such damage is direct or indirect, where such damage results or is related to the Terms and Conditions, the use or inability to use the Website, the Services or the Content, the communication, interaction or meeting with any person with whom the Customer communicates or is in contact in the context of his use of the Website, the Services, or the Reservation of a Room through the Website, whether such damages are based on a warranty, on the contractual liability or, to the extent permitted by the product liability law or any other legal basis.
With the exception of the obligation of GetYourPlace to pay the amounts due to the relevant Customers in accordance with the Terms and Conditions, the responsibility of GetYourPlace resulting from or related to the Terms and Conditions and the use of the Website by the Customer, Services, including but not limited to, the Reservation of a Room via the Website by the Customer, or the use or inability to use the Website, the Services, the Content, regarding a Room, may not under any circumstances exceed the amounts that the Customer has paid or for which he is liable for a Reservation via the Website, and the Services as a Customer during twelve (12) months preceding the event ensuring liability. The above limitations of liability are essential elements of the agreement between GetYourPlace and the Customer.
Customer agrees to release, defend, and indemnify GetYourPlace, its affiliates and subsidiaries as well as their executives, officers, employees and agents, from all liability for any claim, liability, damage, loss and expense, including reasonable legal and accounting fees, arising out of or in any way related to:
- the access or use of the Website, the Services or the Content by the Customer, or his breach of these Terms;
- his interaction with any Customer, his Reservation of a Room / Apartment, or the use, condition or subletting of a Room / Apartment, including any prejudice, loss or damage ( compensatory, direct, incidental, consequential or any other) of any kind related to or resulting from subletting, Reservation or use of a Room / Apartment.
The fact that GetYourPlace does not enforce a right or provision of these Terms does not constitute a waiver of that right or provision thereafter. The waiver of any such right or provision will only be effective if it is documented in writing and signed by a duly authorized representative of GetYourPlace. Except where specifically provided otherwise, the exercise by either party of its remedies under these Conditions shall be without prejudice to other remedies available. If, for whatever reason, an arbitrator or a court of competent jurisdiction considers a provision of these Conditions as invalid or unenforceable, this provision will be applied in the extent permitted by the legislation in force, and the other provisions of these Conditions shall remain in force and maintain their effects.
INTEGRALITY OF THE AGREEMENT
Unless supplemented by a document referred to or incorporated herein, one or more Contracts (Lease, Inventory form ...), policies, directives, standards or additional conditions of GetYourPlace for a specific product, function, service or offer, these Terms and Conditions constitute the entire agreement and understanding between GetYourPlace and the Customer, regarding the Website, the Services, the Content and any Reservation of a Room / Apartment made through the Website; these Conditions cancel and replace any other prior agreement or understanding, whether oral or written, between GetYourPlace and the Customer regarding Room / Apartment Reservations, Website, Services, and Content.
TRANSFER OF THE CONTRACT
The Customer can not transfer the contract governed by the Terms, by operation of law or otherwise, without the prior written consent of GetYourPlace. Any attempt by the Customer to transfer the contract governed by these Terms, without prior consent, will be null and void. GetYourPlace may transfer the contract governed by these Terms, in its sole discretion and without restriction. Subject to provisions herein, these Conditions will be binding and effective for the benefit of the parties, their successors and their permitted assigns.
APPLICABLE LAW AND COMPETENT JURISDICTION
These Terms and your use of the Services are governed by and construed in accordance with Quebec’s laws, and the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. The choice of applicable law does not affect the rights of the Customer as consumer in accordance with the applicable law of your place of residence.
If the Customer is a consumer, the Customer and GetYourPlace agree to be subject to the non-exclusive jurisdiction of the courts of Quebec, which means that the Customer may bring an action relating to these Terms in Quebec.
BENEFICIARY THIRD PARTY