Terms & Conditions
TERMS OF USE
THESE TERMS OF USE MUST BE READ BEFORE USING THE SITE. THE USAGE OF ANY PART OF THE SITE INDICATES ACCEPTANCE OF THESE TERMS OF USE.
The www.stopby.my site and the app ("Site") is managed by Stopby Sdn Bhd including its affiliated companies ("we", "us", "our" or “Stopby”). By accessing and/or using any part of the Site, you acknowledge that you have read and understood, and agree to the Terms of Use (“Terms”) and other terms and conditions in relation to the Site as referred to in these Terms. If you do not agree to be bound by these Terms, you may not access or use any part of the Site. These Terms constitute a binding legal agreement between you as an individual user (“you” or “your”) and Stopby. You must be at least eighteen (18) years old to use the Site.
Please note that we may change, modify, add and delete these Terms at any time where this is necessary to comply with any law or regulation binding on us or to reflect a change to our operational practices, provided that we will use reasonable endeavours to provide notice of material changes on the Site. Every time you use the Site, please check these Terms to ensure that you have reviewed the current version. By continuing to use any part of the Site after such changes to these Terms, you hereby agree and consent to these changes and its application to you.
If you use any of our other services, then your usage is based on the submission to and acceptance of the terms and conditions applicable to such services, which will be made available to you when you use those other services.
SCOPE OF OUR SERVICES
Guest Terms
1. Searching and Booking
1.1 Searching. Through the Site, Stopby provides an online platform where you can browse temporary accommodation and lodging (as applicable). You can search for Host Services by using criteria like the type of Host Service, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, and saved Listings, Host requirements (e.g. minimum or maximum nights), and more.
1.2 Booking. By placing an order through the Site, you will be able to book and/or purchase the temporary accommodation and lodging. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Stopby’s service fee, offline fees, taxes and any other items identified during checkout (collectively, “Total Price”). When you receive the booking confirmation via email, a contract for Host Services (a "Reservation") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing.
1.3 Reservations. An Accommodation Reservation is a limited license to enter, occupy and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process
We do not verify, and do not guarantee, that all information provided by Hosts that is available on the Site is accurate, complete, correct or the latest available, and we are not responsible for any errors (including placement and typing errors), obstruction (either because of temporary and/or partial, damage, repair or improvement to the Site or otherwise), inaccurate, misleading or false information of Hosts or non-delivery of information by Hosts.
In providing the Services we provide an online platform to connect you with Hosts. To the extent permitted by law, we are not responsible or liable for the acts or omissions of a Hosts and you have sole responsibility for any obligations or liabilities to Hosts. We do not make any representations and should not be construed as making any recommendations or suggestions of the level of service quality or rating of the Hosts listed on the Site, and in no event shall we be responsible or liable for any information, content, products, services or other materials provided or made available by Hosts. Hosts may be introduced in the form of different classes based on factors including but not limited to their reviews, ratings or any other factors. The given rating is calculated based on automated algorithms that can be updated and changed as per our discretion.
To the extent permitted by law, we have the right to not accept any user or booking (or in certain cases cancel the booking confirmation) at our sole discretion and for any cause without giving reasons for the rejection/refusal/cancellation. The reasons for rejecting a user or booking or cancelling a booking confirmation may include but are not limited to: breach of these Terms, trade or economic sanctions by global or national authorities, embargo, prohibitions in regulations, fraud or theft (or indication or suspicion of fraud or theft), suspicion of criminal activity, suspicious ordering, services not being available or no longer being made available by the Hosts, user providing inaccurate, erroneous or misleading information, problems with credit card electronic communications, information or transactions, inappropriate behavior, threats, insults, refusal to provide information, practical impediments, communication difficulties or breakdowns, a Real Mistake (hereinafter described below), history of breaches of these Terms, or being placed on any “black lists” or “watch lists” by governments or international organizations. We can at any time delete or remove the account of any user of the Site, either temporarily or permanently. Removed Users must not attempt to use the Site in any other name or through other users.You may appeal a decision by Stopby by contacting our customer service.
In a particular case, we may cancel or reject reservations with respect to a "Real Mistake", which does not depend on where the error originated. A Real Mistake is a fault on the Site (for example, in terms of price) which no reasonable person would consider appropriate or to make business sense. The amount charged shall be reimbursed without further charges in such a case.
Every payment related to the booking or reservation of the Services shall be made directly to Stopby’s bank account or Stopby payment channels. Except where Stopby is required to hold such payments based on trust for the relevant Host pursuant to a separate agreement applicable to the relevant Host, all such payments will be the property of Stopby and amounts will be due and payable to the relevant Host when the services to which a payment relates are provided or at any other applicable time required by the relevant Host. Stopby shall not be responsible for the validity of the reservation, if the payment is not being made directly to Stopby’s bank account or Stopby payment channels.
2. Cancellations, Refunds and Booking Modifications.
2.1 In general, if you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. including policies regarding cancellation and/or absence, or your specific requests which may be given to the Hosts. Stopby is not responsible for any violation of these terms and conditions, or which are based on the user’s specific requests, so please read the Hosts’ terms and conditions carefully before you make a booking, order or reservation through the Site.
2.2 Regarding refunds, including by means of credit card chargeback, and subject to any applicable rights you may have at law, Stopby may have the right to withhold or take part of the amount paid to reimburse the reasonable costs that have been incurred in connection with the cancellation.
2.3 Hosts and Guests are responsible for any booking modifications they agree to make via the Stopby Platform or direct with Stopby customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.
3. Your Responsibilities
3.1 You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation or Experience. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and (iii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4. Special Request
4.1 In the event of any special requests (for example: rooms to be easily accessible by wheelchair, wheelchair assistance for people with disabilities at the hotels or airplanes, change of name, change of date or adding “frequent brocures” points or equipment/tools needed for the tour packages or equivalent), the user can insert the request when making a booking on the Site or contact the Host directly (as applicable). The request will be addressed at the Host’s and Stopby’s discretion, based on availability and other factors. Your special requests may be subject to additional charges and/or fees by the relevant Host based on the discretion and/or policy of the relevant Host. Stopby is not responsible for the availability and/or fulfillment of your special requests by the Host.
4.2 In the event of rescheduling (including but not limited to changes of date, route and/or passenger) by the user, Stopby reserves its rights to cancel any new bookings created through the rescheduling process if the initial booking is no longer valid (including but not limited to instances where the ticket has actually been used or refunded).
5. Travel Advice
5.1 By displaying particular destinations, Stopby does not represent or warrant that travel to such destinations is advisable or risk-free and Stopby is not liable for damages or losses that may result from travel to such destinations. Under no circumstances shall Stopby be liable for any incidents occurring during your trip or your stay. You are personally responsible for the selection of travel, travel route and destination, for the entire duration of your trip. To the extent permitted by law, Stopby is not responsible for any loss that occurs if you fail to bring the required travel documents, such as your passport, e-ticket, e-voucher, and any other reasons caused by you.
5.2 You shall be solely responsible for obtaining, maintaining and having available for presentation, the proper and valid travel permits or foreign entry requirements (including, but not limited to, visas or other travel permits and documents, whether for transit or otherwise) applicable to you prior to finalizing your travel arrangements in accordance with the prevailing laws of the country you are traveling from, into, over or transiting in. Stopby has no obligation and is not responsible for notifying you of the travel arrangements and permits necessary for you to be able to carry out your travel plans. In no event shall Stopby be responsible or liable for any losses or damages arising out of or in relation to your travel permits.
6. Rating
6.1 Ratings shown on the Site are only provided for the information of users only, and existing ratings are based on information given by third parties such as suppliers, users or other review websites. We do not verify the rating given and are therefore not responsible for the accuracy of the existing rating, nor do the ratings constitute any endorsement (or otherwise) by us. In no event shall Stopby be responsible or liable for any claims, losses or liability with respect to the ratings shown on the Site.
7. Price And Promotion
7.1 We may offer lower prices and/ or promotions from time to time. Please note that these may involve different conditions and requirements as it relates to booking and refund policies.
7.2 If there is any promotion provided directly by a Host, then the rights and authority over the promotion will be fully under that Host’s separate terms and conditions and will not apply to the reservation conducted through Stopby.
8. Additional Charges and Refunds
8.1 Each price listed on the Site is only available with certain conditions and these prices may change depending on the availability of booking, length of booking and/or other factors. Available prices can include additional taxes and other charges, but in certain circumstances it may not include taxes and other service charges (e.g., tips for tour guides, other facilities charges (if any), and other charges/fees which may arise from the use of services other than those provided by Stopby (if any)). You agree that you are responsible for verifying the total cost to be paid and other terms and details when the confirmation email is sent. You must verify the booking on the booking sheet, and you may cancel the booking at any time before the final confirmation is done. Prices shown are detailed so that you can see the amount to be paid, any additional costs due to the use of credit cards or inter-bank fees charged for the shipping fees will be charged to you. If there is a discrepancy in the amount paid, Stopby will provide an email notification of the amount to be paid by you. In the event that you cancel the booking before paying in full any existing shortcomings, Stopby will refund the amount paid or, subject to any applicable rights you may have at law, refund an amount reduced by the reasonable costs incurred by Stopby as a result of the non-payment. If you have any questions about the Services, you can contact Stopby Customer Service. For any other cancellations, subject to any applicable rights you may have at law, as well as Stopby’s and the Host’s policy, Stopby will first investigate and verify applicable booking prior to providing refunds of the same amount paid by you, less any applicable costs incurred by Stopby, including however not limited to processing and administrative surcharges, inter-bank transfer fees, credit card fees etc. (“Refund Amount”). Upon successful verification by Stopby, refunds will initially be offered to you in the form of Stopby Point or refund to your bank account, reduced by the reasonable costs incurred by Stopby (e.g. inter-bank transfer fees). Refunds may not be immediate depending on your initial mode of payment. Refunds will be made by means of credit card chargeback if this option is available and you request it.
8.2 You can contact Stopby’s Customer Service for further details on the estimated duration for receiving your refund and we will assist you as best as we can.
Stopby is not responsible or liable for any cancelled issuing of transactions caused by inaccurate transfer amounts, or exceeding the time limit for transfers or any payment that is not being made directly to Stopby’s bank account or Stopby payment channels.
9. Additional Charges From Hosts
9.1 Please note that all prices provided through our Site (the “Homestay Prices”) are based on your selections, such as for the requested period of stay and number of guests, unless otherwise specified. Homestay Prices are quoted per night, unless otherwise specified. You are responsible for verifying whether your selection and any additional requests or services are reflected in the price displayed on the Site. You are responsible for verifying any explanations or policies provided by the hosts on the Site. Insurance of any kind is not included in the Prices, unless otherwise stated.
9.2 Optional incidental expenses and personal consumption charges (such as those incurred during the stay) are not usually included in the Price. Such charges include but are not limited to: parking fees, telephone charges, room service, food and beverage costs, movies-on-demand, and Internet usage costs.
9.3 Certain hosts may add fees for transport or transfer to and from the airport. Such transportation is always governed by the hosts and is offered by or on behalf of the hosts, which is responsible for the transportation service. Stopby does not arrange any transport and is not responsible for such transport service. You agree that Stopby is not responsible for the quality, safety, frequency or service level of the transportation services, and for any loss or damage that may result from the use of such transportation services.
10. USER ACCOUNT
10.1 You must create an account to use the Services. We will collect and process your personal information, such as your name, electronic mail (e-mail) address, and your mobile phone number when you register to set up an account. You must provide us with an accurate, complete, and latest information and agree to provide us with any proof of identity that we may reasonably request. We will collect, use, disclose and process your personal information in accordance with our Privacy Policy.
10.2 Only you can use your own account and you represent and warrant that you will not authorize any other party to use your identity or your account for any reason, unless permitted by Stopby.
10.3 You cannot assign or transfer your account to any other party.
10.4 You must maintain the security and confidentiality of your account password and any identification we provide to you. In the event of any disclosure of your password, in any way whatsoever resulting in any unauthorized use of your account or identity, order(s) received from such unauthorized use shall still be considered as valid orders and we will process such order(s). Subject to any rights you may have at law, you hereby declare that Stopby is not responsible for any loss or damage arising from the misuse of your account.
10.5 If you no longer have control over your account, you are required to immediately notify us (e.g., your account is hacked in any way or your phone is stolen) so we can temporarily block and/or inactivate your account. Please note that you are responsible for your use of your account and may be liable for your account even if your account is misused by others.
10.6 Stopby has the full right to temporarily block, delete, or deactivate your account at our sole discretion and for any cause without giving reasons for blocking, deletion, or deactivation of your account provided that this will not affect our obligations to provide any Services that have been purchased by you prior to that time (unless we also cancel those Services as permitted by these Terms). The reasons for blocking, deletion, or deactivation of your account may include but are not limited to:
1. breach of these Terms,
2. prohibitions in law or regulations,
3. fraud or theft (or indication or suspicion of fraud or theft),
4. suspicion of criminal activity,
5. suspicious ordering,
6. you are providing inaccurate, erroneous or misleading information,
7. your inappropriate behavior, threats, or insults,
8. refusal to provide information,
9. practical impediments,
10. communication difficulties or breakdowns, or
11. you are listed on any “black lists” or “watch lists” by governments or international organizations.
11. Membership Program
11.1 By registering with Stopby, you will automatically be a member of our loyalty program named “StopbyLoyalty” operated by Stopby.
11.2 As a member of StopbyLoyalty, you will gain access to the points, promotions, discounts, features, or other benefits offered by Stopby and/or third party merchants as made available from time to time on the Site. For avoidance of any doubt, we may, to the extent permitted by law, from time to time change, remove, or make unavailable part or whole points, promotions, discounts, features, or other benefits offered by us in accordance with applicable laws, provided that we provide reasonable prior notice of changes on our website.
12. Payment Details and Procedures
12.1 Payments are made in the amount and currency as stated, not including bank fees or any other charges by Stopby.
12.2 Stopby does not collect taxes or levies. If a hosts charges taxes, those taxes are the responsibility of the user.
12.3 For all forms of reservations, you must make payment within the specified time limit. If the payment is not made, then Stopby reserves the right to cancel all reservations.
12.4 Payment methods include but are not limited to bank transfer and credit card. For payment by bank transfer, you must provide the bank transfer receipt as proof of payment of reservations listed in the Stopby confirmation email. You must follow the procedures contained in the confirmation email.
12.5 For other payment methods such as credit card, you must follow the procedures stated by Stopby and/or the relevant payment service provider.
12.6 After you make full payment, Stopby will place the order and issue a reservation code, which will be accompanied by:
12.6.1 Booking Code;
12.6.2 Customer Name;
12.6.3 Number Booking;
12.6.4 Booking Details; and
12.6.5 Phone Number / Extension.
13. Payment By Credit Card & Fraud
13.1 For payment of bookings placed through the Site, your credit card will be billed by Stopby for the full price at the time of booking and confirmation of the booking (any refund that may be given will depend on the conditions of the existing reservations). You must check the booking details thoroughly each time before you make a reservation. Stopby will process any refund, as applicable, within a reasonable period. For certain reservations, you may have to pay the Host directly. In order to safeguard and encrypt your credit card information when in transit to us, we use encryption technology such as Transport Layer Security (“TLS”) or Secure Sockets Layer (“SSL”) to ensure the integrity of your information.
13.2 In the case of credit card fraud or unauthorized use of your credit card by a third party, you must contact your bank or card issuer immediately after realizing such unauthorized use. In such a case, Stopby has no responsibility over any case of credit card fraud or unauthorized use of your credit card by a third party, regardless of whether such fraud or unauthorized use was carried out through Stopby, other than where this arose from the fraud, negligence or willful action of Stopby or as otherwise required by law. Except as otherwise provided by law, Stopby is not obliged to make refunds or repayments to you as a result of such fraud. As part of our goodwill, we may provide a form of compensation to you subject to review and approval by us. You shall only be eligible to request compensation only if such reservations have been made through our secure servers and the fraud or unauthorized use of your credit card is a result of our default or negligence and through no fault of your own while using the secure server or you are otherwise entitled by law to be compensated. We accept no liability of the fraud or unauthorized use of your credit card if it was done through applications or servers other than our own or if it is as a result of a fault or negligence of your own. If you suspect any unauthorized reservations or fraud committed on Stopby, you must contact Stopby Customer Service.
13.3 To make a reservation you must be aged over eighteen (18) years old and have full legal capacity to make the transaction (or have authorization from your legal guardian). You must use a credit or debit card that you own, issued in your name, and make sure that there are sufficient funds to cover the transaction costs. Any fees incurred by you for authorizing a transaction that results in an over-drawing of your account are not the responsibility of Stopby.
13.4 You shall ensure that the details you provide to us are completely accurate. Stopby reserves the right to not accept certain credit cards. Stopby can add or remove other payment methods at our sole discretion.
13.5 In certain cases, we may require additional information or verification to validate and confirm the booking, as described in more detail on the Site. Reservations are not confirmed until you have received a confirmation email and there is the possibility that the Host can implement fraud examination mechanisms during the booking process. If fraud occurs or is determined to occur, then the booking will be void. Stopby shall not bear any responsibility for such cancellations by the Host. If you choose not to submit additional information, reservations will not be completed and will be voided.
13. Right and Obligations
13.1 Stopby hereby grants the user certain limited rights (constituting a “Limited Licence”), which cannot be transferred or assigned, to access and use the Site to the extent expressly permitted by these Terms. In connection with this Limited Licence, we are not granting you any other rights or licences with respect to use of the Site; rights or licenses not expressly granted, are reserved by Stopby or other third party owners of such licence. Content available on the Site, including any information, data, text, images, sound, graphics, video, messages, reviews, or other materials, including the software infrastructure used to provide the Content (the “Content”), is wholly owned by Stopby or its suppliers and service providers, including but not limited to the Hosts (as applicable). You can use the Site to place orders and you hereby guarantee that you will not submit false reservation requests. You hereby declare to ensure that the payment information you provide is accurate. You also guarantee providing an accurate email and mailing address as well as other details of your contact information.
13.2 You agree to not use the Site or the Content for commercial purposes or either directly or indirectly for other than personal use or for unlawful purposes (prohibited by law) or do any acts that violate these Terms. Except with the written consent of Stopby, you agree not to copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative creations from, transfer, sell or re-sell any information, software, products or services obtained in connection with the Site. In addition, you agree not to:
1. use the Site or the Content for commercial purposes without permission from Stopby;
2. access, monitor or copy any Content on the Site using technology, software, or any program either manually or automatically for any purpose without written permission from Stopby;
3. perform any action that imposes or may impose, an unreasonable burden on the Site or Site infrastructure;
4. make a major link to the Site (including but not limited to the booking path) for any purpose without the written consent from Stopby;
5. resell, use, copy, perform surveillance (such as using or installing spider or scrape programs), display, download or perform any Content production, software, products, services available through the Site for commercial purposes or objectives/activities of competition;
6. reproduce the Site (through a "frame" or "mirror") or set up a part of the Site on any other website without prior written consent;
7. send or store any material to or through the Site that violates any law, regulation, or rules, or which can support unlawful or criminal activities;
8. send or store any material (including providing any links to other material) which is defamatory, slanderous, false, obscene, threatening, libelous or otherwise unlawful or tortious;
9. send spam or other unsolicited messages or otherwise cause nuisance, annoyance or inconvenience;
10. send or store any material that may infringe upon the intellectual property or other rights of a particular entity or person, including but not limited to copyrights, patents, trademarks, trade secrets, confidential information or publications;
11. send or store any material where prohibited by applicable law or violate the rights and obligations that exist based on the contractual relationship;
12. send or store any material containing software viruses, worms, trojan horses or other harmful computer code;
13. imitate any person or entity for any purposes;
14. manipulate or falsify information with the aim to disguise the origin of statements provided;
15. use the Site in any manner which could damage, disable, obstruct, or interfere with the use of the Site or other users of computer equipment, or cause damage, disruption or limit the functionality of the software, hardware or telecommunications equipment;
13.2 gain unauthorized access or perform unauthorized modification to the Site or other related website, other accounts, computer systems, networks connected to the Site through hacking, password theft or other similar matters;
13.3 obtain or attempt to obtain any materials or information by ways that are not intentionally supplied by the Site (including but not limited to other destinations provided by the Site). This includes but is not limited to, obtaining or collecting information about others such as email addresses;
13.4 engage in fraudulent acts or actions that aim to manipulate a search engine results page (“SERP”) or perform search engine optimization (“SEO”). SEO practices considered unethical or to constitute "spamdexing" include but are not limited to cloaking, metadata, title tags, content scraping, link schemes, google bomb, search keywords, hidden text or hidden links, link schemes, comments containing spam and other matters;
13.5 any other action which may adversely affect or result in damage to the Site, Stopby or its affiliates and employees, or Stopby’s reputation;
13.6 modify or make derivative works based on the Site and/or the Services, or reverse engineer or access the underlying software for any reason; or
13.7 use the Site to build a competitive product or service.
13.8 By placing an order through the Site, you hereby represent and warrant that you are not subject to any prohibitions or restrictions by any sanctions program, or subject to any penalties under any anti-money laundering regime.
14. Right To User Content
14.1 By completing a booking, you hereby agree to receive electronic mail containing an invitation to provide reviews or content reviews with respect to the selection of Hosts. Stopby has sole discretion whether your review will appear on the Site. Stopby can display the review, which may contain comments, level of service and your name.
14.2 In providing a review, you agree to ensure that:
14.3 you own and control all of the rights to the reviews that you provide to the Site;
14.4 you grant us a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to use your reviews, including all intellectual property rights therein, in connection with our business operations including the operation and management of the Site;
14.5 the content of the review is accurate and contains no misrepresentations; and
14.6 the use or performance or transmission of the content of the review does not violate these Terms or applicable laws and regulations, you are not violating any third party’s rights, and you are not causing injury to any party.
14.7 You must bear all responsibility for the content of the reviews that you provide or submit.
14.8 Reviews provided by you will be deemed to not contain confidential information and Stopby shall have no obligation to treat any review as confidential information. Without limiting the other provisions contained in these Terms, Stopby has sole discretion to use reviews as deemed appropriate including but not limited to removing, cutting, modifying, or otherwise editing the review. Stopby shall have no obligation to pay for the content that you submit in a review, including but not limited to content review that has been changed, eliminated or cut. Stopby shall have no obligation to provide or include or mention authors or other third parties.
14.9 In any case, you hereby agree that with respect to the content of your reviews:
14.10 you do not require any attribution or identification on any derivative works;
14.11 you consent that all content of reviews submitted to Stopby may be used by Stopby and its employees, successors, and transfer recipients in any way, at any time. This includes but is not limited to publishing and reproduction of the review; and
14.12 you hereby waive all rights and agree not to claim any rights in any review.
Host Terms
15. Hosting
15.1 As a Host, Stopby offers you the right to use the Stopby Platform to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.
15.2 When you accept a booking request, or receive a booking confirmation through the Stopby Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Stopby’s service fee (and applicable taxes) for each booking. Stopby Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
15.3 You are an independent individual or entity and not an employee, agent, joint venturer or partner of Stopby, except that Stopby Payments acts as a payment collection agent as described in the Payments Terms. Stopby does not direct or control your Host Service and you understand that you have complete discretion whether and when to provide Host Services and at what price and on what terms to offer them.
16. Managing Your Listing
16.1 The Stopby Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay. Any offer of an Experience is subject to our Additional Terms for Experience Hosts.
16.2 You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some local authorities require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice. You are responsible for understanding and complying with any laws, rules, regulations
17. Search Ranking
17.1 The ranking of Listings in search results on the Stopby Platform depends on a variety of factors, including these main parameters:
- Guest search parameters (e.g. number of Guests, time and duration of the trip, price range),
- Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, host status, age of the Listing, average
- Guest popularity), Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking),
- Host requirements (e.g. minimum or maximum nights, booking cut-off time), and
- Guest preferences (e.g. previous trips, saved Listings, location from where the Guest is searching).
Search results may appear different on our mobile application than they appear on our website. Stopby may allow Hosts to promote their Listings in search or elsewhere on the Stopby Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any) and how we identify promoted Content can be found in our Help Center.
18. Hosts Responsibilities
18.1 You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Stopby Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Stopby Platform in violation of our Off-Platform Policy.
19. Hosting as a Organization
19.1 If you work with a co-host or host as part of a team, business or other organization, the entity and each individual who participates in providing Host Services, is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Stopby to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide
20. Cancellations and Booking Modification
20.1 In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a host, you should not cancel on a Guest without a valid reason under our Cancellation Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Travel Issue (as defined by the Rebooking and Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Stopby exceeds your payout, Stopby (via Stopby Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Stopby’s Rebooking and Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. If you Host an Experience please note that the Experience Cancellation Policy, Experiences Guest Refund Policy and different cancellation fees and consequences apply to your Reservations. See each Policy for details about what is covered, and what your payout will be in each situation. You may appeal a decision by Stopby by contacting our customer service
21. Booking Modification
21.1 Hosts and Guests are responsible for any Booking Modifications they agree to make via the Stopby Platform or direct Stopby customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
22. Host Taxes
22.1 You are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes ("Taxes").
22.2 Collection and Remittance
In jurisdictions where Stopby facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Stopby to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Stopby are identified to Members on their transaction records, as applicable. Stopby may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Stopby is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
22.3 Tax Information
In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Stopby may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by our Guests and their organizations.
General Terms
23. Reviews
23.1 After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Stopby for accuracy and may be incorrect or misleading
24. Content
24.1 Parts of the Stopby Platform enable you to provide feedback, text, photos, audio, video, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Stopby a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Stopby Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Stopby pays for the creation of Content or facilitates its creation, Stopby may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Stopby the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that Stopby may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Stopby does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
25. Fees
25.1 Stopby may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Stopby Platform. Any applicable fees are disclosed to Hosts before publishing a listing and to Guests before making a booking. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Stopby Platform, service fees are non-refundable.
26. Platform Rules
26.1 Rules
You must follow these rules and must not help or induce others to break or circumvent these rules.
- - Act with integrity and treat others with respect
- - Do not lie, misrepresent something or someone, or pretend to be someone else.
- - Be polite and respectful when you communicate or interact with others.
- - Follow our Nondiscrimination Policy and do not discriminate against or harass others.
- - Do not scrape, hack, reverse engineer, compromise or impair the Stopby Platform
- - Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Stopby Platform.
- - Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Stopby Platform or
- Content.
- - Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Stopby Platform.
- - Do not take any action that could damage or adversely affect the performance or proper functioning of the Stopby Platform.
- - Only use the Stopby Platform as authorized by these Terms or another agreement with us
- - You may only use another Member’s personal information as necessary to facilitate a transaction using the Stopby Platform as authorized by these Terms.
- - Do not use the Stopby Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
- - You may use Content made available through the Stopby Platform solely as necessary to enable your use of the Stopby Platform as a Guest or Host.
- - Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have
- with us.
- - Do not request, make or accept a booking or any payment outside of the Stopby Platform to avoid paying fees, taxes or for any other reason. See our Offline
- Fee Policy for exceptions.
- - Do not require or encourage Guests to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during
- or after a reservation, unless authorized by Stopby.
- - Do not engage in any practices that are intended to manipulate our search algorithm.
- - Do not book Host Services unless you are actually using the Host Services.
- - Do not use, copy, display, mirror or frame the Stopby Platform, any Content, any Stopby branding, or any page layout or design without our consent.
- - Honor your legal obligations
- - Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- - If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii)
- authorize us to process that information under our Privacy Policy.
- - Read and follow our Terms, Additional Legal Terms, Policies and Standards.
- - Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation that violates our
- rules for parties and events, as incorporated by reference herein.
- - Do not use the name, logo, branding, or trademarks of Stopby or others without permission, and only as set forth in our Trademark Guidelines.
- - Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with
- Stopby branding.
- - Do not offer Host Services that violate the laws or agreements that apply to you.
- - Do not offer or solicit prostitution or participate in or facilitate human trafficking.
26.2 Report Violations
If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Stopby. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Stopby. If you reported an issue to local authorities, Stopby may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
27. Termination and other Measures
27.1 Term
The agreement between you and Stopby reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
27.2 Termination
You may terminate this agreement at any time by sending us an email or by deleting your account. Stopby may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Stopby may also terminate this agreement immediately and without prior notice and stop providing access to the Stopby Platform if (i) you materially breach these Terms or our Additional Legal Terms, or Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Stopby, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or (iv) your account has been inactive for more than two years.
27.3 Member Violations
If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or Stopby otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Stopby, its Members, or third parties, Stopby may:
- - suspend or limit your access to or use of the Stopby Platform and/or your account;
- - suspend or remove Listings, Reviews, or other Content;
- - cancel pending or confirmed bookings; or
- - suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Stopby and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
27.4 Legal Mandates
Stopby may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body
27.5 Effect of Termination
If you are a Host and terminate your Stopby account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Stopby Platform has been limited, or your Stopby account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Stopby Platform through an account of another Member.
27.6 Appeal
If Stopby takes any of the measures described in this Section 27 you may appeal such a decision by contacting our customer service.
28. Modification of these Terms
28.1 When we propose changes to these Terms, we will post the revised Terms on the Stopby Platform and update the “Last Updated” date at the top of these Terms. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by Stopby, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Stopby Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.
29. Complaints and Damage Claims
29.1 If a Member provides valid evidence that you, your guest(s), or your pet(s) culpably damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify Stopby and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, you authorize Stopby via Stopby Payments to collect the amount of the Damage Claim from you.
29.2 If the Host and Guest cannot resolve, or a Guest fails to pay a Damage Claim, the Host may notify Stopby through the Resolution Center under the terms of the Host Damage Protection Terms and seek compensation. Stopby will review the Damage Claim and ask the Host to provide any required evidence (e.g. through appropriate documents, photos, invoices, or third-party experts) which substantiates the Damage Claim and the Damage Claim amount. The Guest will be given the opportunity to respond and provide any relevant counter evidence. If Stopby determines, under consideration of the evidence provided, the Host Damage Protection Terms, and applicable statutory rules on the burden of proof that the Guest is responsible for the Damage Claim, Stopby (via Stopby Payments) will pay out the Damage Claim to the Host. If Stopby pays out the Damage Claim to the Host, Stopby may collect the amount of the Damage Claim from the Guest, including by charging the guest’s Payment Method. Stopby may also pursue claims for recovering Damage Claims amounts, including amounts exceeding the maximum amount applicable for charging the Guest’s Payment Method, against a Guest using any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against a Guest. Members may appeal a decision by Stopby by contacting our customer service. As between Members and Stopby, the burden of proof regarding the Damage Claim and the Damage Claim amount always lies with Stopby.
29.3 You agree to cooperate in good faith, provide any information Stopby requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
29.4 Any decisions made by Stopby in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
30. Stopby’s Role
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Stopby is not and does not become a party to or other participant in any contractual relationship between Members. Stopby is not acting as an agent for any Member except for where Stopby Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using Stopby, we do not and cannot control the conduct or performance of Guests and Hosts and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that Stopby has no general obligation to monitor the use of the Stopby Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Stopby Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our customer service. Members agree to cooperate with and assist Stopby in good faith, and to provide Stopby with such information and take such actions as may be reasonably requested by Stopby with respect to any investigation undertaken by Stopby regarding the use or abuse of the Stopby Platform.
31. Member Accounts
You must register an account to access and use many features of the Stopby Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Stopby if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Stopby Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
32. Intellectual Property Rights
32.2 Stopby are the owners of certain Intellectual Property Rights. Except as expressly set out in these Terms, nothing in these Terms shall be construed as granting you a licence or any rights, implied or otherwise, to use, possess, distribute or modify any of Stopby’s Intellectual Property Rights. Other product and company names contained on the Site, including names, trademarks, marks, service marks, logos, symbols or other designs may be owned or licensed for use by third parties. Use of third party Intellectual Property Rights on the Site is not considered a recommendation or sponsorship for the Site by third parties. Stopby owns copyright to the Site, and you must not use, possess, distribute or modify any of the Intellectual Property Rights owned by without express approval from Stopby.
32.3 The whole of the Content is protected by copyright laws. We and our licensors own the copyright and/or other rights over the selection, coordination, arrangement, and repair of the Content and the original content. You must not modify, reproduce, copy, perform, display, publish, or exploit the Content, in whole or in part, unless you have express written consent from Stopby.
32.4 Stopby shall not be responsible for Intellectual Property Rights owned by third parties or for your and/or other party's infringement of Intellectual Property Rights owned by third parties.
32.5 You can use the information on the Site only for personal, non-commercial use. Unless specified otherwise, and expressly permitted by the copyright laws, you may not copy, reproduce, redistribute, retransmit, publish or otherwise commercially exploit any downloads you make from the Site without the permission of the owner of the Intellectual Property Rights. Even if you obtain the necessary permission, you must not make changes or deletions. You hereby accept and agree that downloading any Content does not grant you any Intellectual Property Rights in that Content.
32.6 Stopby in making the Site, preparing the source code and performing software support, can license the use of open source software from third parties through the GNU General Public Licence (“GPL”), Any use by Stopby of open source software and the Intellectual Property Rights of a third party are with the necessary licences or permits.
33. Limitation Of Liability
33.1 YOU HEREBY DECLARE TO AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW:
33.2 THE SERVICES AND THE CONTENT OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE HEREBY EXPRESSLY STATE THAT WE DO NOT MAKE ANY KIND OF GUARANTEE OR WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE MERCHANTABILITY OF A PRODUCT OR SERVICE, OR SUITABILITY OF THE SERVICES WE PROVIDE FOR A PARTICULAR PURPOSE AND AGAINST NON-INFRINGEMENT WHERE APPLICABLE;
33.3 WE DO NOT GUARANTEE THAT: (i) THE FUNCTIONS, SERVICES AND SECURITY FEATURES PROVIDED IN THE SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR; (ii) ERRORS OR FAILURE WILL BE REPAIRED; OR (iii) THE SITE OR THE SERVER PROVIDE SERVICES THAT ARE FREE FROM VIRUSES, MALWARE OR HARMFUL COMPONENTS;
33.4 WE DO NOT WARRANT THE ACCURACY, AUTHENTICITY, INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES AVAILABLE TO AND FROM THE SITE INCLUDING, BUT NOT LIMITED TO, ANY GUARANTEE THAT THE CONTENT, SITES OR RESOURCES ARE FREE FROM SOURCE MATERIAL THAT IS MALICIOUS, INDECENT, OR CONTROVERSIAL;
33.5 WE DO NOT GUARANTEE OR WARRANT THAT YOU WILL BE GRANTED VALID TRAVEL PERMITS APPLICABLE TO YOU. WE DO NOT HAVE ANY RESPONSIBILITY TO NOTIFY YOU OR INDEMNIFY YOU IN THE EVENT THAT YOU SUFFER LOSSES OR DAMAGES RELATING TO YOUR LACK OF VISA OR TRAVEL PERMITS (INCLUDING, BUT NOT LIMITED TO, REFUSAL OF ENTRY, DEPORTATION).
33.6 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR SOLE RESPONSIBILITY AND RISK. YOU VOLUNTARILY ASSUME SUCH RISK, AND YOU WILL BE FULLY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO SUCH MATERIAL, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY MATERIALS THAT ARE PROVIDED.
33.7 Nothing in these Terms limits or excludes:
§ a party’s liability for death or personal injury caused by such party’s negligence;
§ fraud;
§ any other liability to the extent it cannot be limited or excluded under applicable law.
1. You hereby agree to indemnify and hold harmless Stopby and its employees, affiliates, staff and partners, from and against any and all claims, demands, liability, damage or loss including legal fees, which arise as a result of claims of third parties in connection with: (a) your use of the Site; (b) Content that is given, provided or accessed through this Site; (c) your violation of the Terms; (d) violation of any other rights or obligations; and/or (e) any act or omission by you, whether negligent, unlawful or otherwise. The ONLY AVAILABLE REMEDY FOR YOU IS TERMINATION OF USE OF THE SITE.
2. The Site may contain links to websites operated by parties other than Stopby. We do not control those sites or links and are not responsible for the content or privacy or other activities of such sites. We, or other third parties, may upload automated search results or provide links to other sites. We provide opportunities for third parties to deliver, load, transmit or otherwise make available Content. We do not review and/or do not have control over the site, source, and such Content. You agree that we are not responsible for the content or the availability of such sites and resources, and we do not endorse or recommend and are not responsible for the origin of such other sites or Content. You hereby agree to release us from and against any and all liabilities, expenses, loss, or damage, directly or indirectly caused or allegedly caused by or in connection with the use of or account for such Content, site or resource.
3. Stopby has sole and full discretion to change, postpone, discontinue or stop the Site and/or part of the Site, including any Services, and/ or usage of the Site, or part thereof, at any time for any reason without prior notification to you.
4. In the event of termination, both you and Stopby remain bound by the obligations in these Terms, including but not limited to the warranties, indemnification, waiver and limitation of liabilities that you have agreed to, in relation to any Services that have been provided to you but which have not been fully provided as at the date of the termination.
5. Stopby shall not be liable to you or any third-party for any termination or suspension of your access to the Site.
6. You agree and consent to us collecting, using, disclosing and processing your personal data as set out in our Privacy Policy, available here.
34. Governing Law
34.1 These Terms (and any and all disputes arising out of or in connection with these Terms (including any alleged breach or challenge to the validity or enforceability of these Terms)) shall be governed by and interpreted in accordance solely with the Laws of Malaysia.
35. Disputes Resolution
35.1 In the event of a dispute arising out of or in connection with these Terms, both parties shall first discuss in good faith to reach an amicable resolution within sixty (60) days from the date of the notice of dispute. However, if such dispute may not be settled by mutual consultation within sixty (60) days
35.2 These Terms shall constitute the entire agreement and understanding between you and Stopby on the subject matter thereof, and shall supersede all prior agreements, whether written or oral, between you and Stopby concerning the subject matter thereof.
35.3 If you use the Site for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. When using the Site for or on behalf of a Third-party, you agree to indemnify and hold Stopby harmless from and against any and all liabilities, losses, damages, suits and claims including legal fees, arising from or connected to the breach of these Terms or negligence by you and/or the Third-party.
35.4 These Terms are drawn up in the English language. Any translation into another language is for convenience and information purposes only. In case of conflict between the English language version and any such translation, the English language version shall prevail. Headings in this Agreement are inserted for convenience only and shall not affect the interpretation or construction of these Terms.
35.5 In the event that any provision is determined to be unenforceable or invalid, by any court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provision shall be replaced by a provision approximating as much as possible the original wording and intent.
35.6 Failure by either Party to enforce any provision of these Terms at any time shall not be construed as a waiver of each Party’s rights to enforce the breach of such provision or any other provision in these Terms or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of these Terms.
35.7 You may not assign or transfer your rights or obligations under these Terms, without our prior written consent.
35.8 We reserve the right to change, modify, add and delete these Terms (or parts thereof) at any time where this is necessary to comply with any law or regulation binding on us or to reflect a change to our operational practices, provided that we will use reasonable endeavours to provide notice of material changes on the Site. We may amend the Terms at any time by posting a variation on the Site. The latest version of the Terms will supersede all previous versions.
35.9 Except where expressly stated, nothing in these Terms is intended to grant to any third party any right to enforce any term or to confer on any third party any benefits under these Terms.
35.10 Notices given pursuant to these Terms shall be deemed sufficiently given if they are in writing and forwarded by registered post or recorded delivery service or equivalent to either Party (at our registered address, or otherwise notified).Stopby may give notice to you by means of a general notice published on the Site or to your email address set out in your account. You must give notice to Stopby by registered post or recorded delivery service or equivalent to either Party (at our registered address, or otherwise notified).
36. Majeure
36.1 Stopby shall not be liable for any non-performance or violation of these Terms, such as for transaction failure, restricted access to the Site, or any damage or harm to users caused by any act or condition beyond the reasonable control of either you or us (“Force Majeure Event”). Force Majeure Events include but are not limited to natural disaster (floods, earthquakes), epidemic, riot, a declaration of war, war, military action, terrorist action, embargo, sanctions, changes in laws or regulations, lightning, hurricanes/typhoons/cyclones,labor strikes, demonstrations, airline or hotel bankruptcy or insolvency, and cyber attacks.
21.1 Stopby shall not be responsible for any damages or losses caused by any means to any party because of the Force Majeure Event.
37. Emails and SMS
You will receive administrative communications from us using the email address or other contact information you provide for your Stopby account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Stopby Account.
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