Vancouver 2010 Olympic Homestay Accommodations | Home for the Games

1. Background

Home For The Games Society (“HFG”) is a not for profit Society whose mission is to raise funds for charitable initiatives which address homelessness by operating a website that provides an e-venue for individuals seeking homestay accommodation (“Guests”) and individuals who are willing to offer Homestays and who want to donate a portion of the proceeds to the charity selected at registration (“Hosts”).

2. Voluntary Participation

You have voluntarily chosen to participate in the program in the spirit of goodwill, friendship and the desire to support and donate to the Charities.

3. You Are Responsible for Your Experience with Each Other

A

Our Site is a venue for Guests and Hosts to learn about one another and, if they wish, arrange Homestays with one another;

B

The Hosts set the terms and conditions for each Homestay;

C

HFG provides payment collection services on behalf of Hosts as set out in these Terms;

D

Hosts and Guests are solely responsible for their interactions during any Homestay; and

E

HFG is not responsible for any injury, damage or loss resulting from or in connection with the Homestay experience.

4. Host Services

A. Profile

HFG will create a profile (“Profile”) which will include the terms and conditions under which you are willing to provide any Homestay including:

i.

a description of the accommodation available (“Accommodations”);

ii.

the amount you will charge for each stay in the home (“Homestay Charge”);

iii.

any homestay rules;

iv.

a description of your household; and

v.

the availability dates for the Accommodations.

B. Web Posting

HFG will post your Profile to the HFG website where it can be viewed by Guests;

C. Calendar

HFG will generate and update a vacancy calendar which will provide information on when your Accommodations are available for Guests;

D. Collect Deposit

HFG will collect and hold a deposit (”Deposit”) on your behalf each time a Guest books a Homestay. The terms under which the Deposit will be collected, held and remitted are set out below; and

E. Contact

Provide you with contact information on each Guest who has booked your Accommodations.

5. Guest Services

A. Search/View Profiles

Guests may search all Profiles posted on the Site and view all information and photos posted by Hosts in their Profiles;

B. Booking Service

Guests may use the online booking service to determine when particular Homestays are available and to book reservations with Hosts; and

C. Contact

Provide your contact information to the Host following the Homestay booking.

6. Deposit

Host and Guest agree that HFG will collect a deposit (“Deposit”) on behalf of the Host on the following basis:

A. Payment

The Guest will pay the Deposit in order to confirm each booking for a Homestay;

B. Amount

The Deposit will be in an amount equal to 50% of the Homestay charges payable for the Homestay;

C. Online Payment Service

The Guest will pay the Deposit online using the online third-party payment service provided by HFG for such purposes; and

D. Fees

HFG will deduct from each Deposit any fees and costs payable by HFG in connection with the collection, refund, processing and handling of payments including those of the online payment service used by HFG.

7. Pledge Account

HFG will credit the amount of each Deposit paid less any fees payable as set out in 6(D) to a charitable pledge account maintained by HFG for each Host (“Pledge Account”). All funds held in each Pledge Account will be paid out to the named Charity. Funds held in a Pledge Account will not accrue interest while held by HFG.

8. Collection of Balance of Homestay Charges

The following will apply to each Homestay booked by a Guest where the Host has elected to donate 100% of the charges to a named Charity (less fees as defined in 6(D)):

A. Payment of Balance

Each Guest who has booked a Homestay will pay to HFG the balance of the Homestay Charges owing for the Homestay no later than seven (7) days prior to the first day of the Homestay using the Payment Service; and

B. Addition to Pledge Account

The Homestay balance, net of the fees as defined in 6(D), will be added to the pledge account held by HFG on behalf of the Host.

9. Refunds

Refunds of Homestay Charges (less any fees as defined in 6(D)) will only be granted where the following conditions are met.

A.

The Guest cancels the Homestay prior to January 1, 2010 or two (2) weeks prior to the first day of the Homestay, whichever is later;

B.

The Host cancels the Homestay within four (4) weeks of the payment of the Deposit; and

C.

The Homestay is not available and HFG is unable to provide a replacement Homestay to the Guest.

10. Pledge

The Host agrees to honour the pledge made upon registration to donate 50% or 100% of all Homestay Charges earned less all Payment Fees as defined in 6(D) to the Charities as follows:

A.

HFG is authorized to pay to the Charities the total amount of all funds held in your Pledge Account as of June 30, 2010.

B.

You authorize HFG to disclose to the Charities your name and contact information. Such information will only be used by the Charity to issue a charitable donation receipt as set out in the Charity’s privacy policy; and

C.

You acknowledge that by using this site you have voluntarily agreed to make a donation to the Charities, and have not received any consideration from HFG for making such donations.

11. User Verification

A. Guests

We cannot and do not confirm each Guest’s identity;

B. Hosts

We visit Hosts and ask for confirmation of the identity and address of each Host. A Host that is offering a Homestay to guests with children will be required to undertake at their expense a Criminal Records Check and provide proof to HFG; and

C.

Each Host and Guest is responsible for determining the identity and suitability of others with whom you may match by means of this Site. We do not endorse any Host or Guest who uses or registers for our Services. We do not investigate any user's reputation, conduct, morality, criminal background or verify the information a user may submit to the Site. We encourage each Host and Guest to communicate directly with each other through the tools available on the Site.

12. Host Representations and Warranties

You hereby represent and warrant to HFG that:

A.

You have the full power and authority to enter into this agreement and agree to these Terms;

B.

You have the full power and authority to provide the Homestay during the Homestay Period.

C.

All individuals included in the photos submitted by you for posting on the Site are at least nineteen years of age;

D.

Your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party;

E.

You will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Services;

F.

You own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party;

G.

You have adequate home insurance including liability insurance which will not be invalidated as a result of the Homestay;

H.

You are not a non-resident of Canada within the meaning of the Income Tax Act (Canada);

I.

You are not a registrant for GST purposes and are not required to collect and remit GST on the Homestay Charges you may receive from Guests; and

J.

You did not evict anyone for the purposes of providing the Homestay.

13. Guest Representations and Warranties

You hereby represent and warrant to HFG that:

A.

You have the full power and authority to enter into this agreement and assume these Terms;

B.

You agree to comply with any Homestay rules posted in the Host Profile or posted at the Homestay;

C.

By booking a Homestay, you are agreeing to the terms set
out by the Host for such Homestay;

D.

You agree to pay the Deposit and all other amounts on account of the Homestay Charges;

E.

Your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party;

F.

You will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Services; and

G.

You own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.

14. Agreement

You agree and acknowledge that:

A.

You will fulfill all of the obligations you assume under each Homestay as Guest or Host;

B.

HFG is not responsible for the conduct of any Guest or Host during any Homestay;

C.

HFG is not responsible for any damages, injury or losses caused by any Guest or Host during any Homestay;

D.

HFG acts as agent solely for the purposes of collecting and holding the Deposit;

E.

Any agreement for the Homestay is solely between the Host and the Guest;

F.

In the event of a dispute between you and a Guest it is understood that you will make best efforts to resolve it;

G.

The Host shall immediately inform the HFG Administrator of any changes to the time period of the Guest’s Homestay; and

H.

The Host shall immediately inform the HFG Administrator any changes made to the household prior to and during the placement of the Guest within the home, including, but not limited to: other guests, new baby, additional pets. The Guest reserves the right to withdraw from the Homestay

15. Assumption of Risk, Waiver and Release

You acknowledge that a Homestay may involve certain risks and dangers, including those caused by Hosts or Guests. You expressly and specifically assume all such risks. Furthermore, to the fullest extent permitted by law, you hereby release, waive, covenant not to sue, and discharge HFG and its past and present directors, officers, members, employees, volunteers, affiliates, agents and representatives from any and all liability, claims, demands and causes of action whatsoever arising out of or related to any loss, damage, illness, or injury, including death, that may be sustained by me or loss or damage to any property belonging to me arising out of or related to my participating in the Program.

16. Privacy

We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. However, our Services are designed to allow users to post photographs and information about themselves for public review and comment. Accordingly, by submitting your photograph and/or any other personal information, you are assuming these risks and in posting the information waive any rights you may have with respect to use of such likeness or personal information. We would like to remind you that we do not accept any pictures of children. If you do not wish to have your picture or information about yourself viewed by or disclosed to others, do not use our Services.

17. Your Content

A. You Grant Us a License

By submitting any content (including without limitation, your photograph) to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose.

B. Content Restrictions

You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:

i.

is defamatory;

ii.

contains nudity or sexually explicit content;

iii.

contains images of any individuals under the age of 19 or of any individuals other than you, without their consent;

iv.

may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;

v.

depicts use of illicit drugs;

vi.

makes use of offensive language or images;

vii.

characterizes violence as acceptable, glamorous or desirable;

viii.

provides a link to any commercial websites; or

ix.

contains any of your personal contact information, except as specifically required or requested as part of your registration on this Site.

C. No Obligation to Post Content

We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.

18. Third-Party Content

In using our Services, you may be exposed to content from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other users of our Services.

19. Proprietary Rights

A. Our Intellectual Property

All material on our Site is protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as may be applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. Notwithstanding the foregoing, you may use such material in the course of your normal, personal, non-commercial use of our Services.

B. Your Use of Our Intellectual Property

You may not systematically retrieve data or other content from our Site 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" or otherwise. You may not use any of our trademarks as metatags on other websites, written materials or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at info@homeforthegames.com.

20. Username and Password

You will select a username and password as part of the registration process. You are solely responsible for the confidentiality and use of your username and password. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.

21. Termination

We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time: (a) terminate your access to our Services; (b) deactivate or delete any of your accounts and all related information and files in such accounts; and (c) bar your access to any such files or Services.

22. Discontinuance of Services

We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

23. Host Pledge Account

Notwithstanding any termination or discontinuance of Services to you, all funds held in any Host Pledge Account upon termination or discontinuance will continue to be held and disbursed in accordance with these Terms.

24. Legal Compliance

You shall use our Services in a manner consistent with any and all applicable local, provincial, national and international laws and regulations. You agree that you are restricted from using the Services if the laws of your country prohibit you from doing so in accordance with these Terms (for example, if you are not allowed to provide the types of personal information that we require, or if you are prohibited from participating in certain Internet activity). If you decide to use the Services, you warrant to us that by such use you will not violate, or cause us to violate, the laws of your country.

25. Disclaimer of Warranties

A.

If you use our services, you do so at your sole risk. Our services are provided on an “as is” and “as available” basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

B.

We do not warrant that:

i.

our services will meet your requirements;

ii.

our services will be uninterrupted, timely, secure, or error-free;

iii.

any information that you may obtain through our services will be accurate or reliable;

iv.

the quality of any products or services;

v.

information or other material purchased or obtained by you through our services will meet your expectations;

vi.

any information you provide or we collect will not be disclosed to third parties; or

vii.

any errors in any data or software will be corrected.

C.

If you access or transmit any content through the use of our services, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage arising out of such access or transmission.

D.

No data, information or advice obtained by you in oral or written form from us or through or from our services will create any warranty not expressly stated in these terms.

26. Limits on Liability

A.

We shall not be liable for damages of any kind (including, but not limited to any direct, indirect, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to:

i.

the use or inability to use our services;

ii.

disclosure of, unauthorized access to or alteration of your content;

iii.

Damages for loss or corruption of data or programs, service interruptions or procurement of substitute services, even if we know or have been advised of the possibility of such damages;

iv.

your or anyone else’s conduct or acts in connection with the use of the services, including without limitation, bodily injury, emotional distress, death or any other damages resulting from communications or meetings with other registered users of our services or persons introduced to you by our services, whether online or offline; or

v.

any other matter arising from, relating to or connected with our services or these terms.

B.

We shall not be liable for any failure or delay in performing under these terms, whether or not such failure or delay is due to causes beyond our reasonable control.

C.

In no event will our aggregate liability to you or any third party in any matter arising from, relating to or connected with our services or these terms exceed the sum of one hundred cdn dollars ($100).

D.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of sections (b) and (c) may not apply to you.

27. Indemnity

You shall defend, indemnify and hold harmless us (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising from or relating to your use of our Services or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

28. Reporting Misconduct

If you feel that anyone you meet from using our Services is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behaviour, who steals from you or engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and to us by contacting us at admin@homeforthegames.com; however your report shall not obligate us to take any action or cause us to incur any liability.

29. Miscellaneous

These Terms shall be interpreted in accordance with the laws of the Province of British Columbia, Canada, without regard to conflict-of-law principles. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our agreement with you. Headings of sections are for convenience only and shall not be used to limit or construe such sections.