Terms and conditions of use

The following terms and conditions (“Terms of Use”) govern the use of the website (the “Site”), any GoHost mobile device software application (the “Mobile Software”), and any related services (the Site, the “Service”) made available by Cokitchens Inc. (“us, “we,” or “GoHost”). By accessing, using or participating in the Service, you (“you” or the “User”) agree to be bound by these Terms of Use. We may modify, add, or delete portions of these Terms of Use, including the pricing terms, at any time. If you do not agree to these Terms of Use, you must cease using the Service. If we change these Terms of Use, we will post a notice that we have made changes to these Terms of Use on the Site for at least seven (7) days after the changes are posted and will indicate at the bottom of the Terms of Use the date these terms were last revised. Any revisions to these Terms of Use will become effective on the earlier of (i) the end of such seven (7) day period or (ii) the first time you access or use the Service after such changes have been posted. If you do not agree to abide by these Terms of Use, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Service.

CoKitchens Inc. is the owner of the GoHost brand and the domain www.gohostnow.com and provides a matching service for restaurant owners, or operators of commercial kitchens who wish to rent their premises on a short-term or long term basis to professional chefs, caterers or event planners.

THE SERVICE COMPRISES AN ONLINE PLATFORM THROUGH WHICH A PROVIDER (AS DEFINED BELOW) MAY CREATE LISTINGS FOR SPACES (AS DEFINED BELOW), AND USERS (AS DEFINED BELOW) MAY LEARN ABOUT AND BOOK SPACES DIRECTLY WITH THE PROVIDERS. YOU UNDERSTAND AND AGREE THAT GOHOST IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND USERS, NOR IS GOHOST AN AGENT OR INSURER, EVEN IF USERS AND PROVIDERS USE THE SPACE RENT AGREEMENT (AS DEFINED BELOW) FOR THEIR AGREEMENT. GOHOST HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS, USERS AND OTHER USERS OF THE SERVICE OR ANY SPACES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE OR THE SPACE RENT AGREEMENT, NO PORTION OF THE FEES WILL DEEMED TO BE COMPENSATION FOR ANYTHING OTHER THAN THE PROVISION OF THE SERVICE.

These Terms of Use include a release by you of all claims for damages against us that may arise out of your use of the Service. By accessing or using the Service, you are agreeing to this release.

Definitions

For the purpose of these Terms of Use, the following terms, words, phrases and expressions, when used in the singular or plural, are defined as follows:

“Cooking area” means the area within a commercial kitchen that is used for cooking.

“Food Entrepreneurs” means a food business operator either physically or virtually.

“Ghost Kitchen” means the area where a kitchen operates with multiple brands with one team of operators.

“Kitchen Owner” means an individual who owns or operate a food business that has a commercial kitchen with or without dining space.

“Kitchen Space” means the space that is offered by Kitchen Owners for the Kitchen User to reserve by booking a request through the Service.

“Kitchen User” means anyone (individual or business) looking to rent a commercial kitchen.

“Prep Area” means the area within a commercial kitchen that is used for preparation only (no cooking equipment required).

“Providers” means any Kitchen Owners who offer Shared Kitchen License services to Users.

“Shared Kitchen” means a kitchen that is open for a short- or long-term kitchen space Licenses.

“Space” means the Space the Users reserve by booking a request through the Service.

“Users” means Providers and any person who requests or receive services from a Provider.

Accounts

In connection with registering for, using or participating in the Service (whether as a User and, Provider), you agree to (i) provide accurate, current and complete information about you and your organization as requested by GoHost (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to GoHost, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.

Additional Terms Applicable to Providers

Use of the Service by Providers is also governed by our Provider Terms located at https://gohost.com/terms/host-terms (the “Providers Terms”), which are incorporated into these Terms of Use by reference. By using the Service as a Provider, you are consenting to the terms of the Provider Terms as well.

Additional Terms Applicable to Users

Use of the Service by User, Kitchen User or Food entrepreneurs are also governed by our Users Terms located at https://gohost.com/terms/user-agreement (the “User Terms”), which are incorporated into these Terms of Use by reference. By using the Service as a User, you are consenting to the terms of the User Terms as well.

Transactions Between Users and Providers on the GoHost Platform

You acknowledge that the Service is a forum to allow anyone to find, schedule time in, reserve, book, offer to book, and make available Spaces. Your transactions, communications and interactions with any other Users (including any interactions between a User and a Provider), including transactions, communications and interactions initiated through the Service, are solely between you and such Users, and you are solely responsible for such transactions, communications and interactions. You acknowledge that GoHost does not itself own or operate any Spaces nor does it sell, resell, furnish, provide, rent, re-rent, manage or control any Spaces, and GoHost does not act as an agent or broker for any Provider or any User. Instead, GoHost provides the Service as a platform and its responsibilities are limited to: (i) facilitating the availability of the Site and the Service to allow Users and Providers to transact and communicate directly with one another, and (ii) serving as a limited payment collection agent if elected to do so by the Provider under the terms of the section heading “Payment,” below. GoHost is not party to transactions or communications between Users, Provider and Users, other than to the limited extent set out in these Terms of Use. In addition, GoHost does not screen Providers, Users, or the Spaces themselves – each Provider is solely responsible for screening and assessing any Users it is considering granting access to its Space, and each User is solely responsible for assessing the suitability of any Space it is considering using. GoHost has no control over the quality, suitability or availability of any Space, or over the reliability, integrity or conduct of any Provider or Users.

Agreements Between Providers and Users

By completing a request for a Space via the Service, each User acknowledges and agrees that it is entering into an agreement directly with the applicable Provider, the terms of which are located at www.gohostnow.com/termsand conditions which include any and all additional terms, conditions and policies provided by the Provider relating to the use of such Space, including building security procedures, IT access and use procedures, maximum occupancy limitations and other terms or procedures provided by the Provider (collectively the “Space License Agreement”).

The following terms in the Space License Agreement shall be defined for the applicable request in accordance with the Registration Data and Profile for the applicable Space, User and Provider:

  1. “Agreement Time” means the date and time the Space is booked through the Service;
  2. “Building” means be the building in which the Space is located as set by the Provider in the Profile for the Space as of the Agreement Time;
  3. “Fees” means the Fees set by the Provider for the use of the Space by the User as set by the Provider as of the Agreement Time;
  4. “Maximum Occupancy” means the value set by the Provider in the Profile for the Space as of the Agreement Time;
  5. “Provider” means the Provider and the Provider’s email and address shall have the values set by the Provider in the Provider’s Profile as of the Agreement Time;
  6. “User” means the User and the User’s email and address shall have the values set by the User in the User’s Profile as of the Agreement Time;
  7. “Space” means the Space the User reserves by booking a request through the Service; and
  8. “Term” means the term of the request specified by the User and authorized by the Provider.

In the event of any conflict between the Space License Agreement and these Terms of Use, these Terms of Use shall govern and control.

While GoHost is not a party to the Space License Agreement between a User and a Provider, a User’s use of the Service is dependent upon such User’s compliance with the Space License Agreement. Consequently, as a User, you agree to abide by, and cause your employees, agents, guests, invitees, contractors, directors, shareholders, members and representatives to abide by, the Space License Agreement. Any acknowledgement and acceptance of the Space License Agreement establishes an agreement directly between the User and the applicable Provider. The Providers, not GoHost, are solely responsible for honoring any confirmed bookings and making available any Spaces reserved through the Service. Users, and not GoHost, will be responsible for complying with the applicable Space License Agreement and performing their obligations under any such agreements. GoHost is not a party to those agreements, and GoHost disclaims all liability arising from or related to any such agreements. GoHost does not act as an insurer or as a User’s or Provider’s real estate broker.

GoHost may, but has no obligation, to monitor disputes between you and any other Users relating to the Service. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOHOST IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS WITH ANY OTHER USERS, INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO. GOHOST DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS BY PROVIDERS, OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACES. YOU HEREBY RELEASE GOHOST FROM ANY AND ALL CLAIMS, CAUSES OF ACTIONS, OBLIGATIONS OR LIABILITIES ARISING FROM OR RELATING TO SUCH TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS, INCLUDING ANY SPACE LICENSE AGREEMENTS THAT YOU ENTER INTO, LISTINGS ON THE SITE, AND THE QUALITY, CONDITIONS OR SUITABILITY OF ANY SPACE.

Payment

You agree to the fees and charges and other pricing terms applicable to your use of the Service as specified in these Terms of Use and as otherwise communicated to you through the Service, including any applicable Fees (defined below). All fees and charges paid by Users in connection with the Service are non-refundable, except as expressly stated in these Terms of Use. GoHost may change the fees and charges for the Service at any time in its sole discretion.

Each Provider is responsible to set their own availability, price and what they can offer. The Provider is responsible to update the data if there is any change. GoHost will send the request to the Provider, and the Provider must review it before accepting or declining the request, and the provider can reply with a proposal price or items. The matching process will not be considered as confirmed unless a full payment is made by the user and held in trust by GoHost until the service is fully delivered and both parties agree to release the funds. Once the Providers accept the request, the request must be fulfilled based on the requested items and date. If any dispute from the User will be forwarded to the Provider and will have forty-eight (48) hours to resolve it or will be removed from the platform without a refund. In case of a claim, the Provider will be responsible to contact the User’s insurance. If the Provider accepts the request from a User that does not have insurance, the Provider cannot return to GoHost for any claim

If you are a User and you have been submitted a request through the Service, you will be put through a matching process with several Providers based on their availability, price and what they can offer. A request will not be considered confirmed unless a fully payment is made by the User and held in trust by GoHost until the Space has been provided and both parties agree to release the fund. The User is responsible for having insurance to cover whatever damage that may happen to the Provider’s property.  Upon the completion of the License, you agree to pay the applicable fee for using the Service as set by the agreement between the Provider and User (the “Fee”) based on the Provider’s offer of services. The Provider will not be responsible for insurance and it will be the User’s due diligence to whether or not to acquire one.

You will be billed the Fee through one of the two following options, as determined by the Provider: (1) GoHost will ask for your credit card information and billing address or other payment information, and GoHost will process your Fee payment on behalf of the Provider (the “GoHost Billing Option”), or (2) the Provider will bill you directly for the Fee, and the Provider will process your Fee payment directly (the “Provider Billing Option”). Under the GoHost Billing Option, GoHost is acting as the Provider’s limited payment collection agent, and the Fee paid through this option shall be considered the same as a payment made directly to the Provider.

The amount and timing of the Fee payments processed by GoHost on behalf of the Provider is based on the type of Space and/or Request booked. Any changes you make to your request after it is made may result in an adjustment to the Payment Fee for the request subject to the Cancellation Terms (defined below). In the event you use the Space for longer than the amount of time you booked on your request; the applicable Provider may adjust the Payment Fee for your request based on your actual use of the Space and/or Service. If you believe a change to your Payment Fee made by a Provider was in error, you may request a refund by providing notice to GoHost through the Service. GoHost may provide you a refund at GoHost’s sole discretion.

The Payment Fee will be collected by GoHost on behalf of the Provider and held for the benefit of the User and Provider during the term of the request pursuant to the terms and conditions of the Space Rent Agreement.

If you are a Provider or a User, you acknowledge that GoHost accepts payments from Users as a limited collection agent for the Provider and that GoHost’s obligation to pay the Provider is subject to and conditional upon successful receipt of the associated payments from Users. GoHost does not guarantee payments to Providers for amounts that have not been successfully received by GoHost from Users.

Any requests that are cancelled by the User or by the Space at the User's request are subject to the Cancellation Terms (as defined below).

Cancellation Terms

Cancellations of any Space Rent Agreement shall be governed by the terms and conditions of the Space Rent Agreement (the “Cancellation Terms”).

Privacy

Use of the Service is also governed by our Privacy Policy, a copy of which is located at https://gohost.com/terms/Privacy-Policy (the “Privacy Policy”). By using the Service, you are consenting to the terms of the Privacy Policy.

Proprietary Rights in Site Content; Limited Rent

All content on the Site and otherwise available through the Service, including User Content, designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of GoHost, its Users or its licensors. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use. Users may access and use the Service and the Site Content and download or print a reasonable number of copies of portions of the Site Content to which the User has properly gained access (a) solely for the User's personal, non-commercial use, or (b) solely for the purpose of referring third parties to the Service or for compiling a collection of Space listings via the Service (a “Collection”), provided in each case that the User maintains all copyright or other proprietary notices on all copies of such Site Content.

Except for your own User Content or for use in a Collection, you may not publish or otherwise distribute Site Content, including via the Internet or any intranet or extranet site, or incorporate the Site Content in any other database or compilation (other than in a Collection). You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site Content. Any use of the Site or the Site Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Service and the Site Content granted herein. All rights of GoHost or its licensors that are not expressly granted in these Terms of Use are reserved to GoHost and its licensors.

User Content Posted on the Service

You may be able to display certain information on designated portions of the Site or otherwise through the Service regarding you or your company or organization including, if you are a Provider, your Space (a “Profile”). Your Profile will display to other Users certain of your Registration Data and other content about you or your company or your organization including, if you are a Provider, your Space, that you upload or otherwise provide to GoHost for use in your Profile (collectively the “Profile Content”). You agree to provide accurate and current information in your Profile and to promptly update the Profile Content to keep it accurate and current.

You are solely responsible for the Profile Content, messages, notes, text, information, offerings, images, links and any other content that you upload, publish, display or otherwise provide to GoHost for display (hereinafter, “post”) on or through the Service, or transmit to or share with other Users or to third parties via the Service (collectively, “User Content”). You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post. You understand and agree that GoHost may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that GoHost believes violates these Terms of Use. GoHost has no backup or storage obligations regarding User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to GoHost.

GoHost does not verify the accuracy, completeness, reliability or authenticity of any User Content, including any Space descriptions or Space availability information provided by Providers or Users, and makes no representations or warranties with respect to any User Content.

Trademarks

“GoHost” is a trademark of CoKitchens Inc. “GoHost” together with the other graphics, logos, designs, page headers, button icons, scripts and service names on the Site are the trademarks or trade dress of CoKitchens Inc. in Canada (“GoHost Marks”). You may not use the GoHost Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that GoHost endorses any product or service. You may not reproduce or use the GoHost Marks without the prior written permission of GoHost.

User Conduct

You agree not to do any of the following in connection with your use of the Service and to otherwise use the Service in compliance with these Terms of Use:

  1. use automated scripts to collect information from or otherwise interact with the Service;
  2. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Service;
  3. impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from GoHost;
  4. upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
  5. upload, post, transmit, distribute, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  6. interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  7. intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, veteran status, disability, sexual orientation, gender identity or expression, age or any other characteristic protected by applicable law;
  8. upload, post, transmit, distribute or otherwise make available any material which does or may infringe any copyright, trade mark or other intellectual property rights of any other person;
  9. upload, post, transmit, distribute or otherwise make available any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
  10. upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
  11. use or attempt to use another's account, service or system without authorization from GoHost, or create a false identity on the Service;
  12. use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other Users or writing or soliciting shill reviews;
  13. use the Service in a manner that violates any law, or otherwise conduct illegal activities in connection with your use of the service
  14. upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
  15. upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of GoHost, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose GoHost or its users to any harm or liability of any type.

Additional Representations and Warranties

In addition to any other representations and warranties in these Terms of Use, you represent and warrant that the User Content and all other content submitted to the Service through your account or otherwise posted, transmitted, or distributed by you on or through the Service: (i) does not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), (ii) does not contain libelous, defamatory or otherwise unlawful material, and (iii) is truthful and accurate.

Third Party Websites and Content

The Site may contain (or you may be sent through the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by GoHost. If you decide to leave the Site and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Eligibility

This Service is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Service by anyone under eighteen (18) is unauthorized and in violation of these Terms of Use. By using the Service, you represent and warrant that you are eighteen (18) years of age or older.

Mobile Software License

Subject to the terms of these Terms of Use, GoHost grants you a non-transferable, non-exclusive license to download, install and use one copy of the Mobile Software in object code form only on a mobile device that you own or control.You may not derive or attempt to derive the source code of all or any portion of the Mobile Software, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Mobile Software or any part thereof. GoHost and its licensors own and shall retain all intellectual property rights and other rights in and to the Mobile Software, and any changes, modifications or corrections thereto.

Disclaimers

GoHost is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or displayed in connection with the Service, including but not limited to the accuracy of any Space descriptions, Space availability information or User information. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or distribute on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. GoHost is not responsible for the conduct, whether online or offline, of any User, including any User's non-compliance with any terms, conditions and policies relating to the use of any Space. The Service may be temporarily unavailable from time to time for maintenance or other reasons. GoHost shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will GoHost be responsible for any personal injury or death resulting from the use of the Service, any User Content or Third Party Content, or any use of Spaces, products or services provided by Users.

GOHOST PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO PROVIDERS AND USERS “AS IS,” AND, EXCEPT AS PROVIDED HEREIN, AND GOHOST AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SPACES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GOHOST CANNOT GUARANTEE AND DOES NOT PROMISE TO PROVIDERS AND USERS; AND PROVIDERS CANNOT GUARANTEE AND DO NOT PROMISE TO USERS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A SPACE. WITHOUT LIMITING THE FOREGOING, GOHOST DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; GOHOST DOES NOT REPRESENT OR WARRANT THAT THE REQUEST OR ANY SERVICE WILL MEET YOUR REQUIREMENTS; THAT ANY REQUEST MEETS APPLICABLE LEGAL STANDARDS AND IS SAFE AND SUITABLE FOR YOUR INTENDED USE; AND GOHOST DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL GOHOST OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, OR A USER'S USE OF A SPACE, EVEN IF GOHOST IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOHOST BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS OR DISPUTES BETWEEN A USER AND A HOST OR BETWEEN A USER ON THE ONE HAND AND A USER OR PROVIDER ON THE OTHER HAND. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOHOST'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GOHOST FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Termination

GoHost may terminate or suspend your account or ability to use the Service, in whole or in part, without notice in the event that (i) you violate these Terms of Use, the Space Rent Agreement (including any applicable Space Rules) or violate any other rules that govern the use of the Service, (ii) your conduct may harm GoHost or others or cause GoHost or others to incur liability, (iii) you receive negative feedback from other Users, or (iv) as otherwise determined by GoHost in its sole discretion. If we terminate or suspend your account or ability to use the Service, (a) any pending or accepted future requests as either User or Provider will be immediately terminated; (b) we may communicate to your Users or Providers that such requests have been cancelled; (c) for Providers, we may refund your Users in full for any and all confirmed requests; (d) you will not be entitled to any compensation for requests that were cancelled as a result of a suspension or termination of your account.

GoHost may modify the Service, and all content, software and other items used or contained in the Service, at any time. References on the Service to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by GoHost.

You may terminate your GoHost account at any time by providing GoHost with notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by GoHost at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, GoHost will remove your Profile and cease displaying your Profile Content, including your Space listings if you are a Provider and your Collections, on or through the Service.

Governing Law

These Terms of Use and the Space Rent Agreements and all related matters will be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada and the laws of Canada applicable in Ontario, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of Ontario.

Arbitration

To the extent permitted by applicable law, unless GoHost agrees otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre- existing, present or future, arising out of or relating to the Services the Site, or Mobile Software, these Terms of Use, will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. The foregoing does not, however, preclude GoHost from seeking injunctive relief in other jurisdictions when necessary to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

These Terms of Use have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.

Indemnity

You agree to indemnify and hold GoHost harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with any User Content you post or distribute on or through the Service, your use of or participation in the Service, your interactions with other Users of the Service, and any violation of these Terms of Use, the Space Rent Agreement, the Provider Terms, the User Terms or of any law or the rights of any third party.

Miscellaneous

These Terms of Use, the Provider Terms, the User Terms and the Privacy Policy constitute the entire agreement between you and GoHost regarding the use of the Service and supersede any prior agreements between you and GoHost relating to your use of the Service. The failure of GoHost to exercise or enforce any right or provision of these Terms of Use, the Provider Terms or the User Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use, the Provider Terms or the User Terms is determined to be unlawful, void or for any reason unenforceable, such determination shall not affect the validity and enforceability of any of the remaining provisions. You may not assign, transfer or delegate in any manner these Terms of Use, the Provider Terms or the User Terms or the rights and obligations hereunder or thereunder to any third party.

Last revised on November, 2022

 

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