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Terms of Use

General

Account

To fully utilize our services, you are required to have an authenticated account with us. By using these services in any capacity, you agree to the InnHotels Terms of Use (https://innhotels.com/Legal/TermsOfUse) and Privacy Policy (https://innhotels.com/Legal/PrivacyPolicy) in addition to these terms. When you sell or purchase an item through Shopify, you agree to the Shopify Terms of Service (https://www.shopify.com/legal/terms).

Your Listings And Content

  1. You grant us certain permissions to use your listings and content. We may display product, content, and/or service listings shared by you or on your behalf. You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide licence to host, use, distribute, modify, and create derivative works of your listings and content. You represent and warrant that you have all necessary rights to the listings and content to grant us the licenses and rights set forth in these terms.
  2. You are responsible for your listings and content. Even if we host and use your listings and content, you are solely responsible for ensuring that the listings and content is true, accurate, and complete at all times, including without limitation the description, tags, price, required legal disclosures and other advertisement, offer or promotional content. You are solely responsible for setting the price of products or services you offer. If we provide guidance regarding a suggested price for products or services you offer, such guidance is informational only and the decision to accept or reject such guidance is solely yours.
  3. You must comply with our terms and all applicable laws from the time you submit your listings and content onwards indefinitely. You must also comply indefinitely with our other applicable terms and policies and all applicable laws, rules, and regulations. You agree you are solely responsible for determining that these services are suitable for your intended use.
  4. You are responsible for providing customer service to purchasers of your services. You are responsible for providing, managing, paying for, and fulfilling any sales, warranty, ancillary services, returns, refunds, or accommodations to purchasers in connection with your services.
  5. You are responsible for providing the full and complete products to purchasers of your products. You are responsible for providing, managing, paying for, and fulfilling any sales, warranties, ancillary products, returns, shipping, or refunds as is reasonable to purchasers in connection with your products.
  6. YOU ARE RESPONSIBLE FOR ENSURING THE INTEGRITY, COMPLETENESS, AND SAFETY OF YOUR PRODUCTS AND SERVICES. You are solely responsible for any defects or non-conformity in your products and for complying with any recall or safety direction or notice, with respect to any product related to your listings or content. You agree to alert us of any similar direction or notice, or claim of infringement of intellectual property rights with respect to products relating to your listings or content.
  7. Your listings and content are subject to review to verify compliance with these terms and applicable law, but do not mean that we assume any responsibility or liability or otherwise agree to modify your responsibilities and liabilities under these terms and applicable law.

Our Services

WE MAY MODIFY OR CEASE PROVIDING OUR SERVICES IN PART OR IN WHOLE, WITH OR WITHOUT PRIOR NOTICE TO YOU. WHEN THESE SERVICES ARE AVAILABLE TO YOU, YOUR USE OF THEM IS AT YOUR SOLE DISCRETION AND RISK. WE ARE NOT RESPONSIBLE FOR ANY INACCURACIES, ERRORS, OR LIABILITIES THAT MAY ARISE OUT OF THEIR USE.

We may use automated means to test, optimize, or otherwise modify and alter our services and your listings and content. We or any entity acting on our behalf may access, index, or crawl, including through the use of automated software, the domains, webpages, or URLs associated with your listings and content. You grant us and any entity acting on our behalf the right to access, index, analyze or crawl the URLs and the content available through such URLs or any portion thereof, and retrieve updates periodically from such URLs to create, augment, or update your listings and content.

Your products may receive ratings and reviews from other customers, us, or third parties. We may display ratings and reviews. We have no responsibility for the content of such ratings and reviews, and you do not own or have any rights in or to such content. You understand we may use automated software to present more useful ratings and reviews to those using our services. Any ratings or reviews you submit shall comply with our policies and applicable law. Notwithstanding the foregoing, you may not submit or cause or allow others to submit illegitimate or inauthentic ratings or reviews.

AS A SELLER, YOU MAY RECEIVE SHIPPING DATA FROM OTHER CUSTOMERS TO FACILITATE SHIPPING PRODUCTS. YOU MAY ONLY USE SHIPPING DATA IN ACCORDANCE WITH THESE TERMS. ANY DATA YOU RECEIVE TO FACILITATE ORDER FULFILLMENT MUST NOT BE USED FOR ANY OTHER PURPOSE.

Your cooperation with us help ensure that the Privacy Policy of all users is respected. You will cooperate with us by promptly notifying us in writing when you become aware of a security incident or receive notice of any regulatory or enforcement inquiry regarding privacy or data security in connection with your use of our services.

InnHotels Loyalty Points

Businesses may purchase points from InnHotels ("the Company") which can thereafter be distributed to their customers. The purchase of points shall be in accordance with the prevailing rate as determined by the Company and is subject to applicable taxes in accordance with Canadian law. Points purchased are non-refundable and non-transferable except as provided herein.

Distribution to Customers

Businesses may distribute points to customers at their own discretion. Points may be used by customers to redeem rewards, discounts, or other benefits as defined by the terms of the loyalty program. The distribution and use of points are subject to the terms and conditions of the Company's loyalty program, which may be amended from time to time.

Responsibility

Businesses are responsible for the accurate distribution of points to customers and for providing clear information regarding the value and redemption of points. The Company shall not be liable for any discrepancies, disputes, or issues arising out of or related to the distribution and use of points by businesses and customers. Points are created by InnHotels and sold by InnHotels to Businesses. Points have no cash value and are not to be sold by Businesses for cash. InnHotels will provide the opportunity for customers to redeem points in accordance with its terms of use at no additional cost to Businesses.

Businesses agree to comply with all applicable federal, provincial, and local laws, regulations, and guidelines in Canada in connection with the purchase, distribution, and use of points. This includes, but is not limited to, consumer protection laws and tax laws.

Businesses agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including without limitation attorneys' fees, arising from or relating in any way to the purchase, distribution, or use of points.

The Company reserves the right to amend the Privacy Policy(s) and terms and conditions at any time. Any amendments will be communicated to Businesses in a timely manner. Continued purchase or distribution of points following such amendment constitutes acceptance of the amended terms.

Enforcement of our Terms

  1. We reserve the right to review your use of our services and take any actions we deem necessary or advisable in our discretion to protect us or our users, which may include remedies up to and including suspension or termination of any or all our services to you.
  2. Our failure to enforce any part of our terms or policies is not a waiver of our right to do so at a later date.
  3. In connection with our review of your use of our services, we may request information from you. You agree to promptly comply with our requests.

Indemnification

In addition to and without limiting the scope of the indemnification obligations set out in the above terms and policies;
  1. YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS (INCLUDING BUT NOT LIMITED TO CLAIMS FOR DAMAGE, PUNITIVE OR OTHERWISE, AND TO THE EXTENT PERMITTED BY LAW, CLAIMS BASED ON OUR NEGLIGENCE), LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) (COLLECTIVELY, "CLAIMS") ARISING FROM OR RELATED TO YOUR SALE OF PRODUCTS USING OUR SERVICES, THE PRODUCTS YOU SELL USING OUR FEATURES, YOUR ACTS OR OMISSIONS WITH RESPECT TO ANY BREACH OR ALLEGED BREACH OF THESE TERMS AND CONDITIONS.
  2. YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ALL CLAIMS RELATED TO TAXES AND FEES, INCLUDING ANY PENALTIES AND INTEREST ("TAX LIABILITIES") THAT MAY RESULT FROM YOUR USE OF OUR SERVICES. YOU AGREE THAT (A) WE HAVE NO LIABILITY TO YOU OR ANY TAXING JURISDICTION FOR ANY TAX LIABILITIES; (B) YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR PAYMENT OF TAX LIABILITIES; AND (C) YOU SHALL NOT SEEK REIMBURSEMENT FROM US FOR TAX LIABILITIES.

Purchase Conditions

  1. You, in your sole discretion, are responsible for determining if a product or service is right for you.
  2. Furthermore, you are responsible for reading and understanding the full item listing before making a commitment to buy.
  3. You understand we do not transfer legal ownership of items from sellers to buyers.

Refunds

When you buy an item through our services or Shopify’s services, you are able to pursue a refund through us. If the item is mislabeled, incorrect, deficient, or otherwise seriously not-as-described or not-as-shown, you are allowed to request a refund. If a refund is granted by us, you are responsible for returning the product. When the product is returned, you will receive the full amount from us through the method of payment you made the purchase or through our preferred payment method. You permit us to make a final decision on refunds and will not pursue other means to achieve a refund, including but not limited to Clearing House Disputes, Payment Provider Refunds or Disputes, or Bank Disputes. You agree that if you are granted and paid a refund by us or the seller, and are also given a refund by another entity for any reason, you will return any amount received over the initial amount you paid for the item within 5 business days.

Titles

The section headings contained in this agreement are for reference purposes only and shall not affect the meaning or interpretation of this agreement.

Additional Terms

These terms of use do not create any partnership, joint venture, franchise, sales representation, or agency relationship between you and InnHotels and its subsidiaries or an exclusive relationship between us.

If any part of this agreement is found to be unenforceable, the remainder of the agreement shall remain in full force and affect.

Governing Law

This agreement will be governed by Canadian federal law.