Terms and Conditions
- Terms and Conditions
UPDATED 28th November 2017
Can We Book Pty Ltd provides a booking platform for Executive, Corporate and Holiday rentals for both short and long term leases. We provide the website that connects hosts to guests, allowing hosts to advertise their properties to a wide range of guests searching for accommodation.
HOW WE USE INFORMATION WE COLLECT
We use, store, and process information about you to provide, understand, improve, and develop the Can We Book Platform, and to create and maintain a trusted and safer environment. By performing analytics, and conducting research we are personalising the Can We Book platform so that results are ranked, results are based on your search criteria, booking history and preferences.
Through the information you give us we are able to conduct risk assessments and investigations; verify and prevent fraud, security incidents and other harmful incidents, and verify information or identifications provided by you (such as to verify your Accommodation address or compare your identification photo to another photo you provide). Resolve any disputes with any of our users and enforce our agreements with third parties.
We are then able to send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your communication preferences (including information about Can We Book or partner campaigns and services, referral programs, rewards, contests etc.)
Can We Book Pty Ltd is not an owner or property manager, and does not sell, furnish, re-rent, manage or control properties listed on the website, transportation or travel services. Can We Book Pty Ltd responsibilities include
i) facilitating the availability of the site, application and services and
ii) serving as a limited payment collection agent for each of the hosts for the purpose of accepting payments from guests on behalf of the property host.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE PROPERTY HOSTS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. CAN WE BOOK CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. CAN WE BOOK IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
Each Listing when setting it up you will be asked a series of questions ie address, maximum number of people, number of bedrooms, features, pricing and availability. It is the responsibility of the Property Host that this information is kept up to date and is accurate. All listings must have a valid physical address, if not the property will not be listed. You understand and agree that once a Guest requests a booking of your Accommodation, you may not request the Guest to pay a higher price than in the booking request.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation in a Listing you post
(i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Can We Book assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Can We Book reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Can We Book, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms.
If you are a Property Host, you understand and agree that Can We Book does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Can We Book is not a party thereto. Notwithstanding the foregoing, Can We Book Pty Ltd serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Property Host, payments from Guests of such amounts stipulated by the Property Host (including cleaning or other fees and/or Taxes).
You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)
Can We Book Pty Ltd recommends that Property Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.
Bookings and Financial Terms for Property Hosts
If you are a Property Hosts and a booking is requested for your Accommodation via the Site, Application and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled.
When a booking is requested via the Site, Application and Services, we will share with you
(i) the first and last name of the Guest who has requested the booking,
(ii) an indication that ID has been provided, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Can We Book for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, Can We Book will send you an email, confirming such booking.
Can We Book will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and will initiate payment of the Accommodation Fees (less Can We Book’s Service Fees and any taxes) to the Property Host within 24 hours of the check in date of the Guest (except to the extent that a refund is due to the Guest). The time it takes for the Host to receive payouts may depend upon the method for receiving payouts chosen by the Host. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount to Can We Book (whether as a result of your bookings or actions as a Guest or otherwise), then Can We Book may (but is not obliged to) withhold the amount owing to Can We Book from any payout amounts due to you as a Property Host, and use the withheld amount to offset the amount owed by you too Can We Book.
Each Property Host hereby appoints Can We Book as the Host’s limited payment collection agent solely for the purpose of accepting the Accommodation Fees from Visitors/Guests.
Each Property Host agrees that payment made by a Guest through Can We Book shall be considered the same as a payment made directly to the Property Host, and the Property Host will make the Accommodation available to the Guest in the agreed-upon manner as if the Property Host has received the Accommodation Fees.
Each Property Host agrees that Can We Book may, in accordance with the cancellation policy
(i) permit the Guest to cancel the booking and
(ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. Each Host understands that as Can We Book accepts payments from Guests as the Property Host’s limited payment collection agent, Can We Book’s obligation to pay the Host is subject to and conditional upon Can We Book successfully receiving the payments from Guests. Can We Book does not guarantee payments to Property Hosts for amounts that have not been successfully received from Guests. In accepting appointment as the limited authorized agent of the Property Hosts, Can We Book assumes no liability for any acts or omissions of the Host.
Please note that Can We Book does not currently charge fees for the creation of Listings.
Bookings and Financial Terms for Guests
The Property Host, not Can We Book, are solely responsible for honouring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Property Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Property Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Property Manager. You acknowledge and agree that you, and not Can We Book, will be responsible for performing the obligations of any such agreements, that Can We Book is not a party to such agreements, and that, with the exception of its payment obligations hereunder; Can We Book disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Can We Book is not a party to the agreement between you and the Property Host, Can We Book acts as the Property Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Property Host. Upon your payment of the Total Fees to Property Host, your payment obligation to the Property Host for the Accommodation Fees is extinguished, and Can We Book is responsible for remitting the Accommodation Fees (less Can We Book’s Service Fees and any Taxes in respect of the Property Hosts Fees, such as GST in Australia), in the manner described in these Terms. In the event that Can We Book does not remit any such amounts as described in these Terms, such Property Hosts will have recourse only against Can We Book.
The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Property Host. As noted above, the Property Host is required to either confirm or reject the booking request within the Booking Request Period, otherwise the requested booking will be automatically cancelled.
You as Guest agree to pay Can We Book for the Total Fees for any booking requested if such requested bookings are confirmed by the applicable Property Host. In order to establish a booking pending the applicable Property Host’s confirmation of your requested booking, you understand and agree to pay the amount due to the Can we Book with in 5 hours of the accepted reservation. Can We Book, on behalf of the Property Host, reserves the right, in its sole discretion to cancel the booking if funds have not been made in the allotted time frame. Once Can We Book receives confirmation of your booking from the applicable Property Host, Can We Book will send through the payment details for the total booking using paypal as the Payment gateway to collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Can we Book cannot control any fees that may be charged to a Guest by his or her bank related to Can We Book’s collection of the Total Fees, and Can We Book disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Can We Book or its third-party payment processor. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking. A Booking is only confirmed when the full amount has been paid.
The Can We Book fee is included in the advertised nightly rate. This fee is deducted from the total booking and the balance is transferred to the property Host 24 hours after the check in date, providing there is no complaint from the guest.
Balances will be remitted from the Can We Book Trust Account to the Property Host via direct transfer.
Please note that Can We Book may impose or deduct foreign currency processing costs on or from any remittances by Can We Book in currencies other than Australia Dollars. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If you as the guest needs to cancel the request prior to the booking being confirmed by the property host there is no penalty. If the Guest wishes to cancel the confirmed booking prior to arrival then the cancellation policy the host selected is applicable.
If a Property Host cancels a confirmed booking made via the Site, Services, and Application,
(i) Total Amount for the booking is refunded to the Guest within a commercially reasonable time of the cancellation and
(ii) the Guest will receive an email or other communication from Can We Book containing alternative Listings and other related information, if the Guest requests a booking from one of the alternative Listings and the Property Host associated with such alternative Listing confirms the requested booking, then the Booking is processed like a normal booking.
If, as a Property Manager, you cancel a confirmed booking, Can We Book will apply penalties or consequences to you or your Listing, including
(i) publishing an automated review on your Listing indicating that a reservation was cancelled,
(ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking,
(iii) imposing a cancellation fee (to be withheld from your future payouts).
In certain circumstances, Can We Book may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons such as a Natural Disaster, Political unrest and misrepresentation of the property. You agree that Can We Book and the relevant Guests or Property Host/s will not have any liability for such cancellations or refunds.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
You as a Property Host understand and agree that you are solely responsible for determining
(i) your applicable Tax reporting requirements, and
(ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Can We Book cannot and does not offer Tax-related advice to any Members.
Property Hosts and Guest’s remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations. For any jurisdiction in which we facilitate collection and remittance of Occupancy Taxes, Property Hosts and Guests expressly grant us permission to transfer data and other information relating to Occupancy Taxes, if any, collected and remitted relating to your transactions.
Damage to Accommodations
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation.
In the event that a Property Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to liaise with the property manager and pay the cost of replacing the damaged items with equivalent items within 48 hours of being notified.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
• use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
• use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
• “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Can We Book Guest or Property Host;
• offer, as a Property Host, any Accommodation that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
• offer, as a Property Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
• unless Can We Book explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself;
• contact a Property Host for any purpose other than asking a question related to a booking, such Property Host’s Accommodations or Listings;
• contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site, Application and Services;
• recruit or otherwise solicit any Property Host or Guest to join third-party services or websites that are competitive to Can We Book, without Can We Book’s prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
• use the Site, Application, Services or Collective Content to find a Property Manager or Guest and then complete a booking of an Accommodation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Can We Book’s provision of the Services or for any other reasons;
• as a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Can We Book’s name, any Can We Book trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Can We Book’s express written consent;
• access, tamper with, or use non-public areas of the Site, Application or Services, Can We Book’s computer systems, or the technical delivery systems of Can We Book’s providers;
• attempt to probe, scan, or test the vulnerability of any Can We Book system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Can We Book or any of Can We Book’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
Can We Book has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Can We Book may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to
(i) respond to claims asserted against Can We Book or to comply with legal process (for example, subpoenas or warrants),
(ii) enforce or administer our agreements with users, such as these Terms
(iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or
(iv) protect the rights, property or safety of Can we Book, its users, or members of the public . You acknowledge that Can We Book has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Can We Book reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Can We Book, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Can We Book and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Suspension, Termination and Can We Book Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Can We Book Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you:
(a) your Can We Book Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Can We Book Account, or receive assistance from Can We Book Customer Service,
(b) any pending or accepted future bookings as either Property Manager or Guest will be immediately terminated,
(c) we may communicate to your Guests or Property Hosts that a potential or confirmed booking has been cancelled,
(d) we may refund your Guests in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies,
(e) we may contact your Guests to inform them about potential alternate Accommodations with other Property Hosts that may be available on the Site, Application and Services, and
(f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Can We Book Account. You may cancel your Can We Book Account at any time by sending an email to email@example.com. Please note that if your Can We Book Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CAN We BOOK DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND PROPERTY HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CAN WE BOOK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CAN WE BOOK MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONs WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CAN WE BOOK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CAN WE BOOK OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PROPERTY HOSTS OR GUESTS. YOU UNDERSTAND THAT CAN WE BOOK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. CAN WE BOOK MAKES NO REPRESENTATION OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF CAN WE BOOK WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER CAN WE BOOK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAN WE BOOK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold Can We Book and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
(a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms;
(b) your Member Content;
(c) your (i) interaction with any Member,
(ii) booking of an Accommodation, or
(iii) creation of a Listing;
(d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation;
These Terms constitute the entire and exclusive understanding and agreement between Can We Book and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Can We Book and you regarding bookings or listings of Accommodations, the Site, Application, Services, Collective Content and Referral Program.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Can We Book (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.