Backpacker College Terms of Use

Last Updated September, 22nd 2017

THIS DOCUMENT (THESE “TERMS OF USE”) GOVERNS ALL SERVICES PROVIDED BY NETBEDS INC. OPERATING AS BACKPACKER COLLEGE® (“ BACKPACKER COLLEGE”, “WE ”, “US” OR “OUR ” AS CONTEXT DICTATES) THROUGH OUR WEBSITE, AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE AT OR THROUGH THE WEBSITE. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN COURT. YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OLD AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS REGARDLESS OF USING THE SERVICES OR HAVING A REGISTERED ACCOUNT. IF YOU DO NOT WISH TO ABIDE BY THE TERMS, YOU HAVE NO RIGHT OBTAIN SERVICES FROM US OR ACCESS OR USE ANY PART OF THE WEBSITE OR INFORMATION CONTAINED ON THE WEBSITE.

BY USING OR ACCESSING WWW.BACKPACKERCOLLEGE.COM, A SUBDOMAIN OF ANY SUCH WEBSITES, ANY MOBILE APPLICATION FOR SUCH WEBSITES OR ANY OTHER WEBSITE OPERATED BY US IN CONNECTION WITH SERVICES PROVIDED TO USERS (EACH REFERRED TO HEREIN AS A “WEBSITE”) ON WHICH THESE TERMS AND CONDITIONS ARE POSTED VIA A LINK OR OTHERWISE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, AS WELL AS OUR PRIVACY POLICY [https://backpackercollege.com/privacy-policy/], WHICH ALSO GOVERNS YOUR USE OF THE WEBSITE, AND IS INCORPORATED BY REFERENCE (THESE TERMS OF USE ALONG WITH THE PRIVACY POLICY AND OTHER POLICIES WE MAY ADD FROM TIME TO TIME SHALL BE REFERRED TO AS THE “ TERMS”).

IF YOU ARE PROVIDING ROOMS FOR RENT, YOU SHOULD ENSURE YOU UNDERSTAND ANY LIMITS, WHETHER IMPOSED BY MUNICIPAL RULES AND REGULATIONS, BY INSTITUTIONS OR BUILDING OWNERS, OR BY WAY OF LEASES WHICH GOVERN THE BUILDINGS YOU WISH TO RENT THE ROOMS OUT OF. GIVEN THE VARIETY OF REGULATION AND ENFORCEMENT/PENALTIES WHICH CURRENTLY APPLY TO SHORT TERM RENTALS, PLEASE INFORM YOURSELVES BEFORE YOU PLACE A ROOM AD ON THE WEBSITE.

Definitions.

“Application” or “App ” means the Backpacker College mobile application utilized by a User to avail the services, including making bookings or listing Rooms, as the case may be.

“Certified” means being officially recognized as possessing certain qualifications, criteria or meeting certain standards.

“Confidential Information” means all scientific, and financial information; all marketing, sales and distribution data, personal and identifying information; all test data, documents, methods, techniques, formulations, operations, know-how, experience, skills, trade secrets, secret processes, practices, ideas, inventions, designs, devices, reports, plans and drawings disclosed by Backpacker College to Room Providers and Travelers, whether orally or in writing, whether or not such information has been identified by Backpacker College as being confidential or any other information that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential

“Content” means any content featured or displayed throughout the Website, including but not limited to text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, User Ratings and Testimonials and other materials that are available on the Website.

“Handle” means to process, record, transfer, access, receive, use, disclose, retain, dispose of, destroy, manage, collect, store, or otherwise handle and any variation of “Handle” such as “Handling” has the same meaning depending on the context

“Law” means any statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order or other requirement or rule of law of any governmental authority.

“Room Ad” means a listing for a Room on the Website, such listing to include information on the Room’s size, features, amenities, location, availability, pricing and any applicable Room Provider Terms.

“Room Provider Terms” means those rules and behavior expectations pertaining to a Traveler’s use of a Room which the Room Provider sets out in the Room Ad.

“Room Fee” means the payment amount, as set out in a Room Ad by a Room Provider, which includes: (1) applicable Taxes which the Room Provider wishes to collect; (2) cleaning fee; (3) per night payment amount multiplied by the number of nights the Room is rented; (4) any late check-out fees; and (5) any other fee which applies to a product or service offered by Room Provider; provided that such fees are solely set by Room Provider and are subject to either increase by Room Provider if any additional products and services are offered by Room Provider or decrease by Room Provider as agreed upon in writing with Traveler and adjusted accordingly on the Website for the applicable transaction.

“Service Fee” means the amount which Backpacker College charges Room Provider for use of the Website under the Terms, such amount usually a percentage of Room Fee.

“service” means the ability to book Rooms as such functionality is provided by us through the Website, use of the Content on the Website, or other assistance provided by us under these Terms of Use.

“Testimonials” are written statements submitted by Users to describe their experience using Backpacker College and the Website, such written statements may be used on Backpacker College’s Website and any other digital and print materials for marketing purposes.

“User Rating” means approved users’ opinion, suggestion and/or recommendation based on the quality of their own experience and their willingness to share this opinion with others.

“you” and “your” means either a “Room Provider”or “Traveler” or both such personsas the context so requires, including a company or other legal entity on behalf of which a person may be acting as a Room Provider or Traveler.

We Are Only Providing a Platform for Transactions

The Website provides an on-line two-sided marketplace to allow providers, including universities, colleges and other property owners who advertise on the Website or on other websites but also have their listings cross-listed on the Website (each, a “Room Provider”), of bed and/or room (each a “Room”), to offer such Rooms for rent in a variety of pricing formats and for specific periods of time to a potential renter (each, a “Traveler ”, collectively with a Room Provider, the “ Users” and “you” and “your” as context dictates). We also may offer booking tools and other items or services which enable Users to communicate with each other and enter into rental agreements or execute other transactions.

Subject to acceptance of the Terms by a User, User is granted a royalty-free, non-exclusive, non-transferable, non-sublicensable, terminable, limited license to use the Website only for the business purposes contemplated by Backpacker College (i.e. listing and advertising Rooms, searching for Rooms, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any part of the Website, and providing or reviewing other information, such as reviews of Rooms or suggested experiences or activities in the areas close to Rooms, as applicable in any interactive area on the Website all in accordance with the Terms). Use of the Website for purposes other than those listed in this subsection, unless agreed upon by us in writing, is not permitted.

Users acknowledge that we do not own or manage, nor do we contract for, any Room listed on a Website. We do, however, may be compelled (as determined solely by us) by Laws to share User information with respect to your Room Ads and use of the Website

However, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Website, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.

As a Room Provider, if you choose to place a Room Ad on the Website, you will do so in accordance with Section 20 (Relationship between the Parties) independently of Backpacker College and for your own benefit only. We will not have a role in controlling your Room Ad, managing your activities (whether online or off-line) in relationship with your transaction with Travelers and your Room Ads. You agree to not, in any way, give the impression that we somehow have Certified you or any Affiliate, your Rooms or Room Ads, or in any other way give you a preference over other Room Providers.

As a Traveler, if you choose to rent a Room, you acknowledge that you are not relying on Backpacker College for your enjoyment and use of the Room and your expectations, with respect to any representations made about the Room, are to be met solely by the Room Provider. If you have any complaint or grievance about a Room Provider, you will follow the process most applicable to the situation you face. We have set out our guidelines with respect to incidents and dispute management in Section 29 (Arbitration). You should not rely on any claim by a Room Provider that they or their Rooms have been Certified or are in any way endorsed by us. For more conduct guidelines and suggestions for your engagement with Room Providers, please review the Room Provider’s Terms section within the website or contact support@backpackercollege.com for Room Provider contact details.

Using the Website

Registration and Account Set-up . To post a Room Ad or book a Room, you must register and create an account. You can register and create an account on the Website. Once an account is created, the User is responsible for managing the account.

Using the App – iTunes . If you are an Apple products user, you can access the Application by downloading it from the Apple App Store (“ iTunes Sourced App”), and you must acknowledge that:

You acknowledge and agree that: (1) these Terms are concluded between you and us only, and not Apple; and (2) we, not Apple, are solely responsible for the iTunes Sourced App and content thereof.

the license granted by us to Users for the iTunes Sourced App is for Users to use the iTunes Sourced App on any applicable mobile device (e.g. iPad, iPhone or iPod touch) that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service;

we are solely responsible for providing any maintenance and support services with respect to the iTunes Sourced App, as specified in the Terms, or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes Sourced App;

We are solely responsible for any warranties related to the iTunes Sourced App, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the iTunes Sourced App to conform to any applicable warranty, Users may notify Apple, and Apple will refund the purchase price for the iTunes Sourced App to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes Sourced App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

You and we acknowledge that, as between us and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the iTunes Sourced App or your possession and use of the iTunes Sourced App, including, but not limited to: (1) product liability claims; (2) any claim that the iTunes Sourced App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

You and we acknowledge that, in the event of any third-party claim that the iTunes Sourced App or your possession and use of that the iTunes Sourced App infringes that third party’s intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You represent and warrant that; (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

User questions, complaints or claims with respect to the iTunes Sourced App should be directed to dev@backpackercollege.com.

You and we agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against the User as a third party beneficiary thereof.

Using the App – Android . If you are an Android product user, you can access the Application by downloading it from the Google Play Store (“ Android Sourced App”), and you must acknowledge that:

(1) these Terms are concluded between you and us only, and not Google Inc. (“Google”); and (2) we, not Google, are solely responsible for the Android Sourced App and content thereof;

the license granted by us to Users for the Android Sourced App is for Users to use the Android Sourced App on any applicable Android device (e.g. LG G5, Samsung Galaxy, Pixel) that the User owns or controls and as permitted by the Basic Use Requirements set forth in the Google Play Terms of Service;

we are solely responsible for providing any maintenance and support services with respect to the Android Sourced App, as specified in the Terms, or as required under applicable law. You and we acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Android Sourced App;

You and we acknowledge that, as between us and Google, Google is not responsible for addressing any claims you have or any claims of any third party relating to the Android Sourced App or your possession and use of the Android Sourced App, including, but not limited to: (1) product liability claims; and (2) claims arising under consumer protection or similar legislation;

You and we acknowledge that, in the event of any third-party claim that the Android Sourced App or your possession and use of that Android Sourced App infringes that third party’s intellectual property rights, as between us and Google, we, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms;

User questions, complaints or claims with respect to the Android Sourced App should be directed to dev@backpackercollege.com.

Cancellation Policy

As a Traveler, you may wish to cancel a Room booking. Each Room is subject to the Room Provider’s unique cancellation policy. Please review the applicable Room Ad for your Room and contact the Room Provider. If you do not see the relevant information, you must contact your Room Provider to obtain such information. We urge you not to make any assumptions with respect to cancellation and seek clarification on all cancellation related questions from the Room Provider.

Room Ads

As a Room Provider, you will ensure the following is present on the Room Ads:

Room information, such as the Room’s pictures, size, features, amenities, and location;

applicable Room Fees;

availability of the Room;

pricing;

any necessary deposits,

cancellation terms;

information about the Room Providers;

the primary and back-up contact information;

any codes and information for exchange of keys or granting of access to a Room; and

any other applicable Room Provider Terms or information required for a Traveler.

As a Traveler, if any of the information under subsection (a) is not present, please contact the Room Provider and if you do not get a response in a reasonable time period, contact us support@backpackercollege.com.

Booking and Fees

As a Room Provider, your portion of the Room Fee paid by a Traveler [upon booking] will be subject to a number of variables, including, 1) the number of nights booked by a Traveler, 2) the number of Rooms booked by a Traveler, 3) application of incentives to the applicable booking of Rooms; and 4) your account credentials, where such credentials and associated codes may entitle us to different amounts of Service Fees. You may review the Fees you will be entitled to receive upon a Traveler’s booking through the use of the dashboard and tools contained in the Website. You will receive your portion of the Room Fees within 3 business days of confirmation of the transaction or within the time specified as negotiated with Room Provider or Supplier.

b) Backpacker College may offer periodic promotional events which will result in a reduction of the fees payable by Traveler and therefore, to you as a Room Provider. The duration and amount of any promotional event shall be determined at Backpacker College’s sole discretion. The promotion will show in summary reporting and upon booking confirmation via code, and Room Providers will be notified about the promotion campaign by Backpacker College Marketing.

As a Traveler, you should not be asked by the Room Provider, and you will not be obliged to provide, more Fees to the Room Provider than agreed upon during the booking process or as stated in the Room Ad except for (1) any additional applicable Taxes, and (2) any payments as agreed upon between the applicable Users to reimburse Room Provider for damage to a Room, where the damage is the Traveler’s fault, or to accommodate special requests agreed upon between the Users.

Room Provider will be responsible for the collection of any taxes, including goods and services, excise or sales tax or other similar taxes, however designated, upon payment by a Traveler and the remittance of such taxes to the appropriate governmental authorities within the requisite period specified for such remittance.

Room Provider will pay, or reimburse the Company for all applicable taxes imposed on the Company and which are accrued and arise from each Room’s rental by a Traveler; provided, however, that the Room Provider shall not be liable for any taxes based on the Company’ net income. Room Provider covenants to indemnify the Company, its Affiliates, and each of their respective directors, officers, shareholders and employees and hold each of them harmless from and against any taxes, interest, and penalties arising from or otherwise relating to a failure of Room Provider to collect and remit the foregoing taxes as may be required by Law.

Insurance

We do not insurance any aspect of the transactions which occur on the Website, nor do we insure, assist with insurance, or provide any other assurance on which a User should rely for the purposes of insurance. Users are encouraged to assess the requirements for insurance, and the suitability of any new and existing insurance coverage, relating to Room rentals. Room Providers’ general insurance coverage may not including coverage for (1) non-policy holders, (2) renting to third parties, (3) commercial usage beyond that which is listed in the insurance policy, and (4) items which Room Providers may have, in applicable cases, inadvertently promised to provide coverage for.

Room Providers will ensure that appropriate insurance coverage with respect to Rooms is in place prior to any arrival, and for the duration of the stay, of a Traveler at the Room. Room Providers agree to provide us with any requested artifacts relating to the presence of such insurance coverage.

Each Traveler is encouraged to assess hisher needs when renting Rooms. The Traveler should determine whether any of the Traveler’s existing credit card or househome insurance policies cover a Room Rental and also inquire from the Room Provider whether the Room is adequately insured.

USERS AGREE THAT THEY DO NOT EXPECT BACKPACKER COLLEGE OR ANY OF ITS AFFILIATES OR ANY SUCH ENTITY’S AGENTS, OFFICERS AND DIRECTORS TO PROVIDE INSURANCE OR OTHERWISE OFFER ANY INDEMNITY REGARDS TO AN INSURANCE CLAIM.

Your information

You agree that all information or data on the Website or processed through the Website may be, without further required consent by you, Handled by a third-party for either: (1) the third party’s own legitimate business purposes; (2) purposes which serve our business purposes, including transaction processing and data monitoring or storage; or (3) for regulatory or other reasons which are imposed on us, in Canada or in United States of America.

As a Traveler, your information may be subject to third party data management and privacy policies in the eventsuch third parties are utilized by us or by you for purposes of payment of Room bookings.

As a Room Provider who has access to personal or payment information (e.g. banking, credit card, or other payment information) from a Traveler, you agree to take all measures to safely Handle all such information according to requirements under applicable Law and good practice.

Currency conversion

Please note we may, if required to process a currency other than Canadian dollars, charge conversion costs on or from any payments or payouts by us.

Representation and Warranties

You acknowledge and agree that: (1) you are 18 years old or older; (2) you have the authority to bind yourself, or such other party which you may be representing, to the Terms; (3) your use of the Website and Service will be solely for purposes that are permitted by the Terms; (4) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party; and (5) your use of the Service and offer of, or rental and use of, the Rooms, as applicable, will comply with all Laws and with all applicable Backpacker College policies.

User Conduct. Whether accessing the Website, you warrant that you will not:

register for more than one account or register for an account on someone else’s behalf;

misrepresent your identity (e.g. represent to anyone on the Website that you are someone else or you are affiliated with someone that you are not);

book a Room if you will not be staying in the Room during the time booked;

contact any User for a purpose other than what this Website is meant for (booking Rooms, review regarding Rooms, and experiences in areas where Rooms are offered);

as a Room Provider, represent information in a Room Ad which is, to a reasonable person, misleading in any way, including with respect to various criteria (e.g. price, location, amenities, safety)

with respect to a transaction, make use of the Website or the tools and services on the Website to do anything other than to carry out activities which are normally related to Rooms (book, offer for rent, and rent out Rooms)

as a Room Provider, not offer Valid Rooms;

share your Account log-in details with any person other than those expressly authorized by you;

publish content that violates any party’s intellectual property, Laws, any form whatsoever;

copy, or make derivative work from, any part of the Website in any medium, including use of a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the website, using any device including using spiders, data mining, robots, or similar data gathering means;

reverse engineer any part of the Website;

try penetration testing or other scans and probes which seek to diagnose the vulnerabilities of the Website;

damage, disable, overburden or impair our servers or network, or interfere with any other party’s use and enjoyment of the Website or the Service;

act in violation of our Room Provider Policy;

make statements on any part of the Website on any topic, particularly regarding other Users, Rooms, the Website, and the Services, and which could reasonably be considered false or misleading;

transmit any information, through the Website or to the Users in any other manner, which may be: (1) unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane; (2) in violation of a third party’s intellectual property right or is subject to intellectual property rights; (3) refutes or is contrary to what is set out anywhere in the Website; is considered “spam” (including machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling); (4) contains or installs any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (5) violates the privacy of any third party; or

attempt to gain unauthorized access to the Service or computer systems or networks through hacking, password mining or any other means.

We reserve the right to investigate and prosecute, to the fullest extent of the law, any violation of the above. Our actions against you, upon suspicion or confirmation of a violation of the above, may also include suspension or termination of your Account, removal or suspension of your Room Ads; and issuance of a warning to Users about any relevant information about you to the extent permissible under applicable law.

How to Deal with Misconduct

If you notice anyone who is behaving inappropriately, including dangerously or in violation of Law, you should not hesitate to report the person to the appropriate authorities (e.g. the Room Provider if you are a Traveler and/or otherwise the police) and then us; provided however that any such contact with us will not: (1) make us liable to you in any way; or (2) oblige us to take any action beyond what is our legal obligation.

Process of Booking Rooms The process of booking a Room is subject to sections 3, 4, 6, 12(b) and 15 of the Terms of Use. You may book a Room using the Website. We recommend Users make use of the tools provided in the Website for all communication and payment purposes. The Room Provider grants a temporary and revocable license to Traveler to occupy the Rooms for the agreed upon, fees, duration and other terms and conditions as set out in the Room Ads. We are not a party to such a license nor are we accountable for the satisfaction of the license or the conduct of the licensor or licensee.

Staying Beyond Booking We do not guarantee any particular course of action or outcome in the event that a Traveler stays beyond booking.

As a Room Provider, you will ensure that your Room Ad contains information about when the Traveler must depart from the Room at the end of the Traveler’s stay. In the event you wish to allow the Traveler to stay one or more nights beyond the time that the initial booking allowed, you must not do so unless the Traveler books for such further nights on the Website.

As a Traveler, you acknowledge and agree that a Room Provider has the ability to take any legally permissible measures to remove a Traveler from a Room if the Traveler stays beyond the agreed upon date and time of booking. Unless your extended stay is free of charge, You will not stay one or more nights in a Room beyond the duration booked on the Website.

Damage to Rooms

You agree and acknowledge that Backpacker College is not liable for any damage that occurs to a Room. A Room Provider may consider demanding a deposit from a Traveler.

If as a Traveler, you damage a Room, you agree to inform the Room Provider immediately at the contact information provided and also inform us simultaneously. If you have provided a security deposit, your security deposit may be, at the discretion of the Room Provider, subject to deduction by an amount equivalent to the amount the Room Provider must spend to fix the damage. The Room Provider will have to provide receipts to substantiate such a deduction. In the event the Room Provider does not provide such receipts, you may contact us at dev@backpackercollege.com.

If a Traveler damages a rented Room, depending on the extent of damage, you, as a Room Provider, may, if the Room becomes uninhabitable as a result of the damage or requires immediate repairs such that habitation by Traveler is not possible simultaneous to the repairs, (a) without incurring any liability to Traveler, revoke the temporary license to access and use the applicable Room, and Traveler will be obligated to vacate with Room within 2 hour of receipt of Notice from you of such need to vacate the Room; (b) inform us of such an incident upon issuance of such Notice; and (c) obtain commercially reasonable quotes for repairs for, or replacement of, the damaged property, and deduct any security deposit furnished by the Traveler by such quoted amount. You must provide the Traveler with receipts of any such repairs or replacement of property.

Vetting, Identity Verification and Endorsement

We neither make any representation about a User nor about what any such User says or holds themselves out to be.. Any words or marks which suggest that any party has been vetted, approved, or is otherwise found credible, reliable, trustworthy or honest or verifiable, is NOTintended to endorse any User or party on the Website. You should not rely on any such wording or mark when conducting a transaction on the Website. If you have any question on any such language which you may witness on the Website, please contact us at: dev@backpackercollege.com. We also do not take on the responsibility for verifying a User’s identity, including any photos depicting a Room or anything else, including a person, item, location, or amenity. As such, when deciding whether to rent a Room or to offer a Room to a potential Traveler, we request all Users to carry out transactions with care by doing their own due diligence on the persons and items involved in the transaction.

In some circumstances, we may become aware of potentially illegal or fraudulent activity in relation to a Room or a User. Any actions we take with respect of this knowledge, including any messages (e.g. warning) we might provide on the Website or through any communication directly to Users, is strictly on an “as is” basis. We do not make: (1) any representations or warranties regarding the reliability or accuracy of any such messages; (2) any assurance that we can be relied upon to ensure that such messages will reach all those Users who would benefit from receiving the messages and that even if such messages are received, the Users will be able to avoid the harm or other adverse impact that we may have been warning about in the message.

Credentials Management and Incidents

You will: (1) keep your Credentials strictly confidential and secure; (2) only share your Credentials who are authorized to represent you and execute a Transaction on your behalf and ensure such person abides by the Terms ; and (3) inform us immediately if the confidentiality of any part of your Credentials has been compromised (e.g. you or your authorized person have shared your Credentials with a third party.

If we suspect any unauthorized access to your Account or that there is suspicious activity in relation to your Account, we retain the right to suspend your Account, take any other related action as we deem reasonably, and you agree to assist in executing such actions, which may involve your resetting of passwords or taking other measures as may be required.

Constructive Comments and Prohibited Content.

In certain circumstances, Users will be invited to provide Testimonials on the Website. Testimonials can include any details or information sourced through the Website or provided to us directly. Any submitted Testimonial is subject to publication, in any manner and at any time, solely at our discretion. Backpacker College has the right to exclude or modify Testimonial. Regardless of any modification, Users will indemnify Backpacker College with respect to any losses, claims or action which arise in connection with such Testimonials and a third party.

We May Monitor User Activity

We may, solely at our discretion or at the request of a governmental authority, monitor, record or otherwise process all interactions with the Service and Website. Further information is available in our Privacy Policy.

Right to Terminate Accounts.

We reserve the right, but not the obligation to, determine, solely at our discretion, whether any User violates the Terms and at our choosing, suspend, terminate or deny access to a User Account, with or without prior notice.

Relationship Between the Parties

We provide services in our own personal or corporate capacities, and not as employees, agents, or representatives of a User. Backpacker College does not make any warranty, guarantee or representation as to the ability, competence, quality or qualification of a Room Provider or a Traveler.

Room Providers acknowledge that they are independent contractors under the Terms and have no other relationship with Backpacker College, including a partnership, joint venture, employer/employee, agency, franchise or other special relationship.

Travelers acknowledge that in no way are we acting on their behalf and that there is no reliance on us by the Traveler in a transaction using the Website.

Intellectual Property Rights

We retain ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks and other proprietary rights. The Terms do not transfer any intellectual property between any party, and all right, title and interest in and to such property will remain solely with the original owner. We reserve all rights that are not expressly granted under the Terms.

Backpacker College, www.backpackercollege.com, www.backpackercollege.ca and all other identifying marks, proprietary marks, or trademarks that appear, are displayed or are used on the Website or as part of the Service are registered or common law trademarks of Netbeds Inc. and Backpacker College.

As a Room Provider, you may display various content and marks in your Room Ads. As a Room Provider, you agree that Backpacker College will, upon your publishing of a Room Ad on the Website, receive a perpetual, non-exclusive license to use, in any media and for any legitimate business purpose in relation to Backpacker College, any content and marks in the Room Ads.

Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of Backpacker College and third parties, and all content and information on the Website are protected by copyright as a collective work and/or compilation under applicable Laws. These marks may not be copied, downloaded, reproduced, used, modified or distributed in any way without our prior written permission.

Permission for Communication

We use email and other electronic means to stay in touch with Users.

You agree that when you provide us your e-mail address or personally identifying information (e.g. name, address) during or prior to access of the Website or use of any other service or tool provided through or on the Website, you: (1) consent to receive communications from us, our Affiliates, and applicable Users in electronic formats, including via the email address you have submitted, SMS messages to your telephone, or via the Service; (2) can opt-out from receiving communication from any such party at any time by completing the formalities on the Website, but we do not take on any liability for any communication of another party to you, particularly if you have provided your contact information to them independently rather than using the communication functions of the Website; and (3) agree that the Terms, agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications would satisfy if they were in writing and physically presented to you.

Termination

Users may simply discontinue their use of the Website and the Service at any time without penalty; provided however, Users may be obligated, depending on cancellation policy or bookings already made on the Website, to refund or pay to the other party as the case may be, the applicable amounts if the User wishes to cancel an existing booking or transaction.

Backpacker College may terminate a Room Provider’s account at any time by either 1) sending written notice to a Room Provider Backpacker College to request the removal of all the Room Provider’s Rooms or service offerings on the Website; or 2) removing such content or deactivating the Room Provider’s account, solely at our discretion.

Whether you are accessing the Website as a Room Provider or Traveler, Backpacker College may terminate your access to all or any part of the Website at any time, with our without cause, with or without notice, effective immediately for any reason deemed appropriate in our sole discretion.

Except for the provisions set out in Section 36 (Surviving Provisions) the Terms will no longer be applicable to you if your Website account is cancelled/terminated by you or by us.

Disclaimer of Warranties.

IN ADDITION TO ANY OTHER DISCLAIMERS SET OUT IN THE TERMS, THE SERVICES PROVIDED, INCLUDING ALL CONTENT ON, FUNCTION OF, AND TRANSACTIONS CONDUCTED OVER, THE APPLICATION ARE “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND MADE BY US. TO THE FULLEST EXTENT OF THE LAW, WE DO NOT REPRESENT THAT ANY INFORMATION EXCHANGED BETWEEN A PARTY UNDER THE TERMS IS SECURE, EVEN IF WE BECOME AWARE OF ANY, OR ARE TOLD ABOUT, A POTENTIAL BREACH. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY OR ACCURACY. WE DO NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITE OR ANY ITEM CONNECTED WITH THE SERVER IS FREE OF VIRUSES OR ANY HARMFUL COMPONENTS. ANY TRANSMISSION TO AND FROM THIS WEBSITE, COMMUNICATION BETWEEN THE PARTIES OR ANY COMMENTS MADE BY YOU, ARE NOT CONFIDENTIAL. YOU AGREE THAT YOUR USE OF THIS WEBSITE CREATES NO OBLIGATION UPON US AND THERE IS NO RELATIONSHIP (WHETHER CONTRACTUAL, FIDUCIARY OR OTHERWISE) CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

YOU ACKNOWLEDGE THAT WE DO NOT REPRESENT OR WARRANT THAT RENTING ANY ROOMS OR TRAVEL TO ANY DESTINATION MENTIONED ON THE WEBSITE IS RISK FREE OR THAT WE HOLD OURSELVES LIABLE IN ANY WAY WITH RESPECT TO RENTING ROOMS OR TRAVELLING A LOCATION AS A RESULT OF SUCH RENTALS .

Limitation of Liability.

We will not be liable for any damages or losses arising from your use of the Service or arising under the Terms. To the maximum extent permitted by applicable law, in no event will Backpacker College be liable to you for any loss of profits, interruption to business, harm to reputation, misuse of data, or for any incidental, direct, indirect, special, consequential or exemplary damages, however arising and whether or not Backpacker College has been informed of the possibility of such damage, even if a remedy set forth in the Terms is found to have failed of its essential purpose. Backpacker College will also have no liability for any failure or delay, including the failure of any integrated or ancillary third-party service used in conjunction with the Service or for any failure of a third party to keep safe any transactional information or other personal information of a User.

Release and Indemnification.

Users agree to indemnify and hold harmless Backpacker College officers, directors, employees, agents, successors and permitted assigns from and against any and all claims and expenses, including legal fees and disbursements, arising out of any use of the Website (including content posted by you or use of a social media website or app) or receipt of Services, by you, including c to the extent that such Losses arise out of or relate to any Users’ use of the Website and the Service, including but not limited to a User’s violations of any of the provisions in the Terms or any other terms as agreed upon between Users.

In the event of any dispute between you and any other User in connection with the Website, you agree to grant Backpacker College and its officers, employees, directors, and agents and related entities a release from all claims, causes of action, demands and damages (actual and consequential) of every kind and nature whatsoever, known and unknown, arising out of or in any way connected with such dispute now or at any time in the future.

In the event you are a California resident, you waive California Civil Code Section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

We may, at our sole discretion and expense, choose to to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

Modification of Terms.

Backpacker College reserves the right, at our sole discretion, to amend the Terms at any time and will update the Terms in the event of any such amendments.

Upon any changes in the Terms, we will post the amended Terms of Use on the Website. Room Providers and Travelers / Users and Backpacker College are expected to periodically check the Terms of Use for any amendments, but we will take reasonable steps to notify Room Providers and Travelers / Users and Backpacker College of significant material changes. Your continued use of the Website and/or the Service following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept the Terms, including following receipt of notification of any modifications made hereto, then please do not use the Website or Service.

Governing Law.

The Terms and any access to or use of the Website or the Service shall be governed by, and construed in accordance with the internal laws of the Province of Ontario and the federal laws of Canada applicable in that province, without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the province of Ontario.

Arbitration

If any claim, dispute or controversy occurring amongst Users or between a User and us cannot be resolved within a commercially reasonable timeframe, the dispute may be referred to arbitration pursuant to the International Commercial Arbitration Act (R.S.O. 1990, c. I-9) (Ontario). There shall be one arbitrator selected in accordance with the Rules. The parties to the dispute shall equally share the fees of the arbitrator and the facility fees and such parties shall each bear their own legal costs and expenses of the arbitration; provided, that the arbitrator shall have the authority to award such fees, costs and expenses in the decision of the arbitrator. The arbitration shall be conducted in English. Notwithstanding the foregoing, each disputing party shall have the right to seek injunctive or other equitable relief that may be related to the breach of confidentiality obligations or violation of the intellectual property rights set forth in the Terms.

Waiver of Class Proceedings

We and all Users hereby waive any right they may have to commence or participate in any class action lawsuit against Backpacker College related to any claim, dispute or controversy and, where applicable, Room Providers and Travelers / Users and Backpacker College hereby agree to opt out of any class proceeding against Backpacker College otherwise commenced.

Severability

If any portion or provision of the Terms shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of the Terms, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of the Terms shall be valid and enforceable to the fullest extent permitted by law.

No Assignment

Backpacker College may assign or delegate the Terms, including the Terms of Use and/or the Backpacker College Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you.

Users may not assign or delegate any rights or obligations under the Terms without Backpacker College’s prior written consent and any unauthorized assignment and delegation by you is void.

Headings and Summaries

The headings, captions and summaries in the Terms are for convenience only and in no way define or describe the scope or content of any provision of the Terms.

Other Rules of Interpretation.

Any reference to gender includes all genders; words importing the singular number only shall include the plural and vice versa; the word“or”is not exclusive; and the words “including”, “includes” and “include” mean “including without limitation”.

No Waiver of Covenants

Failure by any party to insist upon the strict performance of any of the covenants, agreements, terms, provisions or conditions contained in the Terms or to exercise any election shall not be construed as a waiver or relinquishment of such covenant, agreement, term, provision or condition but the same shall continue and remain in full force. No waiver shall be deemed to have been made unless expressed in writing.

Surviving Provisions.

Only the following provisions of these Terms of Use will survive following any termination or expiration: Sections 10, 22, 25, 26, 28, 29, 30, and this Section 36.

Entire Agreement

The Terms, in combination with all policies and guidelines of the Website (including but not limited to the Privacy Policy), incorporated by reference, constitute the entire agreement between you and Backpacker College and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of the Terms.

You acknowledge that you have read and understand the Term and will be bound by the Terms.