Welcome to the Sinistar platform. Sinistar Inc. and its affiliates ("Sinistar", “we” or “our”) is the owner and operator of the Sinistar websites, applications, and other digital tools (collectively, the "Platform").
These General Terms and Conditions (the “Terms”) govern your access to and use of the Platform and the Services, and constitute a binding legal agreement between you and Sinistar. Please read them carefully.
The terms “you” and “your” refer to any individual or entity that accesses or uses the Platform or that requests or receives the Services, whether through the Platform or by any other means.
“Services” means any relocation coordination, accommodation sourcing, administrative support, or related services provided by or on behalf of Sinistar, whether delivered through the Platform, by telephone, email, messaging, or any other means.
The Platform provides an online interface that facilitates certain administrative and coordination aspects of the Services. For greater certainty, the Platform does not function as a real-time booking or reservation system.
"Users" of the Platform or Services may include:
(a) “Hosts”, being independent third-party accommodation providers who publish accommodation listings on the Platform (“Accommodation”); and
(b) “Policyholders”, “Claims Professionals”, or “Insurers”, being individuals or entities who access the Platform or the Services for the purpose of identifying, approving, or coordinating Accommodations for authorized occupants.
Certain Users, including Claims Professionals and Hosts, can create an account to access certain features of the Platform.
As the provider of the Platform and the Services, Sinistar acts solely as an intermediary facilitating relocation coordination. Sinistar (or its affiliates) does not own, control, offer, or manage any Accommodation or Listing and is not a real estate broker, a property manager, insurer, or insurance intermediary.
By clicking "I agree" (or similar wording), by accessing or otherwise using the Sinistar Platform, or by requesting or receiving the Services, you acknowledge that you have read, understood and agreed to the Terms. These terms may also be incorporated by reference into other agreements with Sinistar.
We aim to support communities affected by property loss by connecting them with reliable short-term housing options through our network of Hosts.
2.1. Search. Users may explore potential Accommodation options by entering a location and applying optional criteria, such as room needs and other preferences.
2.2. Requests and Quotes. he Platform does not provide instant reservations or real-time bookings. When Accommodation is required, Users may submit a non-binding request (a "Quote request"). Availability, pricing, and other terms may be communicated by Hosts in response (a “Quote”).
2.3. Confirmation. No Accommodation is reserved, confirmed, or secured unless and until the applicable Quote is expressly approved by the relevant parties and confirmed by Sinistar.
2.4. Costs. Where applicable, certain costs associated with an Accommodation may remain the responsibility of the Policyholder or other parties, in accordance with the applicable agreement. Any such costs will be communicated.
3.1. Use. Policyholders are expected to use the Accommodation responsibly and to exercise reasonable care during their stay. Policyholders remain responsible for their own conduct and for the conduct of any guests they allow in the Accommodation, and must comply with additional rules established by the Host.
3.2. Direct Transactions Prohibited. The Policyholder must not bypass the Sinistar Platform or enter into unauthorized private financial arrangements with a Host outside the Platform.
3.3. Issue Reporting. In the event of any issues, the Policyholder should first contact the Host directly, then Sinistar.
3.4. No Tenancy, No Lease. Nothing in these Terms, any stay, or any use or occupancy of an Accommodation shall be deemed to create a lease, tenancy, or landlord-tenant relationship between Sinistar and a Policyholder, or between a Host and a Policyholder, except as may be expressly required by applicable law. Users acknowledge that Accommodations are provided solely on a temporary basis in connection with a covered loss and do not confer any rights of tenure, renewal, or continued occupancy.
3.5. Responsibilities. Policyholders are responsible and liable for their own acts and omissions and those of any individuals they allow to access an Accommodation. Accommodations are provided by independent third-party Hosts. For example, this means that Policyholders: (i) are responsible for leaving an Accommodation (and related property) in the condition it was when they arrived; (ii) are responsible for their own personal property during the stay; (iii) agree to behave respectfully and in accordance with applicable laws and local regulations, including those related to noise and property use; and (iv) pay any reasonable damage request amount.
3.6. Assumption of Risk. Sinistar does not own, operate, manage, supervise, or control accommodations, and does not guarantee their condition, safety, or suitability. To the extent permitted by applicable law, Users acknowledge that occupying temporary accommodations provided by third parties may involve inherent risks, including the risk of illness, bodily injury, disability, or death, and Users freely and willfully assume those risks. Users agree that Sinistar is not responsible for conditions, acts, or omissions attributable to Hosts or other third parties.
4.1. Third-Party Payment Processing. Where permitted and made available by Sinistar, Policyholders or other authorized parties may remit certain amounts owed to Sinistar through third-party payment service providers, including Stripe or PayPal (“Payment Service Providers”). Sinistar does not provide payment processing services and does not store or process payment card information.
4.2. Payments. Payments processed through Payment Service Providers are subject to their applicable terms, conditions, and privacy policies, as may be amended from time to time. By submitting a payment through the Platform or any Sinistar-authorized payment link, the payer authorizes the Payment Service Provider to process the transaction on Sinistar’s behalf and agrees to be bound by the Payment Service Provider’s applicable terms.
4.3. Payment Issues and Disclaimers. Sinistar is not responsible for delays, errors, interruptions, chargebacks, reversals, or failures arising from or attributable to any Payment Service Provider. Any payment disputes, processing errors, or failed transactions may be subject to review and correction in accordance with these Terms and the applicable Payment Service Provider’s rules.
5.1. Role of Sinistar. Sinistar provides access to a technology platform that facilitates coordination between Policyholders, Insurers, Claims Professionals and Hosts. Hosts independently determine the availability, pricing, rules and conditions applicable to their Accommodations. Sinistar does not own, operate, manage, supervise, or control Accommodations, and does not set or enforce Host pricing, availability or rules. Sinistar’s role is limited to coordination and administrative facilitation.
5.2. Independence of Hosts. Hosts are independent third parties and are not employees, agents, joint venturers, or partners of Sinistar. Sinistar does not direct or control Accommodations, and the Host understands that they have complete discretion over whether and when to provide their Accommodation, and at what price and on what terms to offer them.
5.3. Accommodation Relationships. Sinistar enters into a separate agreement with Policyholders governing coordination services, approvals, and related administrative matters. The Accommodation itself is provided by the Host. Any rights and obligations relating to the use, occupation, condition, or operation of an accommodation arise between the Host and the Policyholder, subject to applicable approvals by the Insurer or Claims Professional. Sinistar is not a party to the accommodation relationship and does not assume the obligations of a Host.
5.4. Compliance with Laws and Safety Requirements. Hosts represent and warrant that each Accommodation they make available through the Platform complies, and will continue to comply, with all applicable laws, regulations, codes, and requirements, including without limitation building codes, fire safety regulations, health and safety standards, occupancy limits, zoning requirements, and licensing or permit obligations applicable in the jurisdiction where the Accommodation is located. Hosts are solely responsible for determining, implementing, and maintaining such compliance.
5.5. Insurance Requirements. As a condition of participating on the Sinistar Platform, Hosts are required to maintain, at their own expense and at all times:
(a) commercial general liability insurance with limits of no less than 2,000,000 USD/CAD/EUR per occurrence (or equivalent), covering bodily injury and property damage arising from the Accommodation; and
(b) homeowners or property insurance appropriate to cover your Accommodation and your belongings for the duration of any temporary relocation.
Hosts are solely responsible for maintaining such insurance coverages and for ensuring that their coverage remains in force. Sinistar suggests Hosts to carefully review policy terms and conditions including coverage and inclusions. Sinistar does not verify, monitor, or guarantee the existence, adequacy, or applicability of Host insurance coverage, and does not assume any responsibility in connection therewith.
5.6. Confidentiality of Personal Information of Policyholders. Hosts may receive certain personal information relating to Policyholders solely in connection with a relocation. Hosts act as independent recipients of such information and are solely responsible for their own processing and use of Policyholder personal data in accordance with applicable privacy and data protection laws. Hosts may use Policyholder personal information solely for purposes directly related to the Accommodation and stay, and must not use such information for marketing, solicitation, or any other unrelated purpose. Sinistar is not responsible for Host compliance with privacy laws.
6.1. Creating and Managing Listings. The Platform provides tools that make it easy for Hosts to set up and manage a listing of an Accommodation (a “Listing”). The Listing must include complete and accurate information about the Accommodation, and any rules or requirements that apply to the Listing. Hosts are responsible for their own acts and omissions as well as for keeping their Listing information and content (like photos) up-to-date and accurate at all times. Hosts are responsible for obtaining appropriate insurance for offering their Accommodation.
6.2. Legal Obligations. Hosts are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to their Listing. For example: Some landlords and leases, homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a licence before offering an Accommodation. Information provided by Sinistar regarding legal requirements, if any, is for informational purposes only and Hosts should independently confirm their obligations. If Hosts have questions about how local laws apply, Hosts should always seek legal advice.
6.3. Host Responsibilities. Hosts are responsible and liable for their own acts and omissions and are also responsible for the acts and omissions of anyone they allow to participate in providing an Accommodation. Hosts are responsible for setting their price and establishing rules and requirements for their Listing. Hosts are also responsible for ensuring that all mandatory fees and charges applicable to their Listing are included in their price. Hosts may not collect any fees or charges outside the Platform. Hosts must not encourage Policyholders, Insurers or Claims Professionals to take actions outside of the Platform.
6.4. Technical Submission Requirements. Hosts may be required to submit Accommodation information, images, or other content in formats compatible with the Sinistar Platform. Sinistar may restrict or remove content that is incomplete, technically incompatible, unlawful, or violates these Terms.
6.5. Hosting Through an Organization or Personnel. Where a Host operates as, or through, a business entity, organization, or uses employees, contractors, or other representatives in connection with providing an Accommodation, the Host remains solely responsible and liable for the acts and omissions of such entities and individuals. The Host represents and warrants that it has full authority to enter into these Terms and to bind its organization, and that any individuals acting on its behalf are duly authorized and informed of the Host’s obligations under these Terms. Nothing in these Terms creates any agency, partnership, employment, or joint venture relationship between Sinistar and any Host, or between Sinistar and any person acting on behalf of a Host.
6.6. Assumption of Risk. Hosts acknowledge that hosting carries inherent risks and agree that they assume the entire risk arising out of your access to and use of the Platform, offering an Accommodation, or any interaction they have with other Users whether in person or online. Hosts agree that they have had the opportunity to investigate the Platform and any laws, rules, regulations, or obligations that may be applicable to their Listings and that they are not relying upon any statement of law made by Sinistar.
7.1. Service Fees. Sinistar charges service fees to Hosts in consideration for the right to use the Platform and related services (the “Service Fees”). Service Fees apply only to confirmed bookings and are deducted amounts payable to Hosts. Unless otherwise stated, Service Fees are non-refundable. Sinistar may modify the Service Fees at any time, and such fees may vary depending on the booking. If you do not agree with the applicable Service Fees, you may decline the offer.
7.2. Payment Method and Verification. To receive payments, Hosts must provide and maintain valid payout information as requested by Sinistar. Sinistar may require reasonable information to verify the Host’s identity, payout details, or compliance with applicable laws. Failure to provide or maintain accurate information may result in delayed, suspended, or withheld payments until resolved. Hosts are solely responsible for the accuracy of their payout information.
7.3. Timing of Payments. Unless otherwise agreed in writing, Hosts can expect :
(a) an initial payment within ten (10) to fourteen (14) business days following the Policyholder’s arrival date; and
(b) subsequent payments, if applicable, on a monthly basis, generally between the tenth (10th) and fourteenth (14th) business day of each month, until the end of the stay.
Payment timelines may be adjusted due to modifications, cancellations, payment delays, verification requirements, or circumstances beyond Sinistar’s control.
7.4. Calculation, Adjustments and Erroneous Payments. Payments are calculated based on the agreed nightly rate multiplied by the number of nights actually used, less applicable Service Fees, taxes, damage protection fees, and any authorized adjustments. For stays spanning a full calendar month, Host compensation is capped at the equivalent of twenty-nine (29) nights per full month. Sinistar may correct any error and apply adjustments resulting from booking modifications, early departures, cancellations, overpayments, refunds, or otherwise. If a Host receives any amount to which it is not entitled, the Host agrees to promptly reimburse Sinistar upon request. Sinistar may recover such amounts, at its discretion, by offsetting against future payments or by requiring direct repayment, whether or not the Host has future bookings.
7.5. No Guarantee of Earnings. Sinistar does not guarantee any minimum payment amounts, occupancy levels, or payment frequency. All payments are subject to confirmed stays and actual use of the Accommodation.
8.1. Program. Sinistar automatically provides damage protection to Hosts through Waivo®, up to a limit of $ 2,000. This program (the “Program”) covers accidental property damage caused by the acts or omissions of a Policyholder in the Accommodation. Waivo will reimburse the Host the lesser of the repair costs or replacement costs of the damaged property, up to a maximum of $ 2,000. Damages under $ 50 are not covered by the Program.
8.2. Fees. As consideration for the protection offered by the Program, fees are deducted from payments made to Hosts. These fees only apply to confirmed bookings and actual nights stayed. For stays of ten (10) nights or less, a single fee of $ 34 plus taxes is charged. For stays longer than ten (10) nights, a fee of $ 3.40 per night plus taxes is applied.
8.3. Exclusions. The Program does not cover theft or damages resulting from:
Acts of God;
Prior damage, cosmetic damage, marring or normal wear and tear;
Loss of use of the Property;
Damage caused by rodents, termites, infestations, or wild animals;
Damage to motorized vehicles;
Fine art, collectibles, or sets of items;
Consequential loss;
Costs related to odors, debris removal, sewer and drain backups, plumbing clogs, excess trash, laundering linens, spa/pool maintenance, landscaping, general maintenance, or mechanical breakdowns.
8.4. Submitting a Claim. Claims must be submitted within fourteen (14) days following the departure of the Policyholder via the following link: https://waivo.io/damage-notice/. In the case of theft, a police report is required. All claims must be accompanied by adequate documentation (photos, reports, etc.). For any questions related to the Program, Hosts should contact: damage@waivo.io.
8.5. Liability. Sinistar is in no way responsible for the payment of damages or theft, nor for damages or theft not covered by the Program. Sinistar’s role is solely to facilitate the claims process for Hosts. Sinistar does not guarantee coverage, assessment, or processing of claims by Waivo. Hosts understand and agree that their sole recourse for any damage claims lies exclusively with Waivo under its program. Sinistar cannot be held liable for financial losses, delays, or disputes arising from the Program.
8.6. Consent and Acceptance. By using the Platform and participating in the Program, Hosts acknowledge that they have read and understood these terms and agree to be bound by them. Hosts understand that this Program is a separate, external service operated by Waivo, and agree to comply with the claims processes and criteria established by this third party.
8.7. Indemnification. You agree to indemnify Sinistar against any claims, losses, or damages resulting from the implementation of the Program, including claims related to non-covered or disputed damages.
8.8. Modification. Sinistar reserves the right to modify or discontinue the Program at any time, without prior notice.
9.1. Extension of stay. In some cases, an extension of stay may be required. When this happens, Sinistar sends an extension request to the Host. The Host can accept or decline the extension request, depending on the availability of the Accommodation. Extension requests may be canceled or modified according to the needs of the Policyholder. In this case, the Host will be informed as soon as possible.
9.2. Cancellation by a Host. Hosts are not permitted to cancel a confirmed upcoming reservation or an ongoing stay, except in cases of force majeure, when required by applicable law, or for a serious reason accepted by Sinistar in its sole discretion. For the purposes of this section, a reservation is deemed confirmed once, following a Quote submitted by the Host, the Insurer or Policyholder confirms the reservation with Sinistar.
If a Host cancels a reservation in violation of this section, Sinistar, may, without limitation:
impose cancellation fees;
reduce the Host's visibility or eligibility for future rental offers; and
suspend or terminate the Host's access to the Platform or Services.
Where a Host has submitted a Quote for a rental offer and the relevant Accommodation becomes unavailable prior to confirmation of the reservation, the Host must notify Sinistar without delay. The Host acknowledges that notices sent outside of normal business hours may not be processed immediately, and Sinistar shall not be responsible if this results in a cancellation of the rental.
9.3. Cancellation, Modification, or Early Termination by Sinistar. A stay may be modified, shortened, or terminated at any time by Sinistar (at the request of the Policyholder or Insurer), for any reason related to the relocation, the needs of the Policyholder, or the Accommodation. The Host acknowledges that a stay does not guarantee any minimum duration or period of occupancy. The Host shall be entitled to payment only for nights actually occupied, unless otherwise agreed in writing. Any amount received for unused nights must be refunded to Sinistar without delay.
Hosts are solely responsible for determining and fulfilling their tax obligations under applicable laws to report, collect, remit, or include in their price any applicable value-added taxes, goods and services taxes, occupancy or lodging taxes, tourism taxes, and income or withholding taxes (collectively, “Taxes”). Sinistar does not determine the applicability of Taxes, does not calculate, collect, report, or remit Taxes on behalf of Hosts, and does not act as a tax agent, withholding agent, or reporting intermediary for any Host, except where expressly required by applicable law or expressly agreed in writing. Hosts acknowledge that amounts communicated or facilitated through the Platform or the Services may exclude applicable Taxes, and Hosts remain solely responsible for ensuring compliance with all applicable tax laws and obligations. Hosts agree to indemnify and hold harmless Sinistar from and against any claims, assessments, penalties, interest, or other liabilities arising from or relating to any failure by a Host to comply with applicable tax obligations.
Sinistar may allow Users to create, upload and publish content such as text, photos or other materials and information ("Content") on or through the Platform. By providing Content in any form and by any means, Users grant Sinistar a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable, and transferable licence to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the Platform, in any media or platform, known or unknown to date, and in particular on the internet and social networks.
If the Content includes personal information, Sinistar’s privacy policy available on the Sinistar website ("Privacy Policy") describes how Sinistar uses such personal information. Users are fully responsible for all Content that they provide and warrant that they either own it or are authorized to grant Sinistar the rights described in these Terms. Users are responsible and liable if any of their Content infringes or violates the intellectual property or privacy rights of any third party. Sinistar does not guarantee the accuracy or quality automatic translations of the Content provided.
12.1. Rules. Users 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;
- Not engage in data collection, hacking, reverse engineering, compromising or alteration of the Platform;
- Only use the Platform as permitted by these Terms;
- Comply with all legal obligations.
12.2. Reporting a violation. If a User believes that another User, a Listing or Content constitutes an imminent risk of harm to a person or damage to an Accommodation, they must immediately contact the local authorities. This must be done before contacting Sinistar. If Users have reported a problem to local authorities, Sinistar may request a copy of that report. Except as required by law, Users agree that Sinistar are not required to take any action in response to a report.
12.3. Copyright notifications. If a User believes that any Content on the Platform infringes copyright, they should notify Sinistar.
13.1. Term. This agreement between the User, and Sinistar is effective when the User accesses the Platform (for example to create an account) and remains in effect until either the User or Sinistar terminates the agreement in accordance with these Terms.
13.2. Termination. The User may terminate this agreement at any time by requesting so via email or by deleting their account. Sinistar may terminate this agreement and the User’s account for any reason by providing notice via email or using any other contact information the User has provided for their account. Sinistar may also terminate this agreement immediately and without notice and stop providing access to the Platform if the User breaches these Terms or any other policy or standard set by Sinistar, violates applicable laws, or Sinistar reasonably believes termination is necessary to protect Sinistar, its Users, or third parties. If the User’s account has been inactive for more than two years, Sinistar may terminate the User’s account without prior notice. Sinistar reserves the right to change the Services, including to add or remove features and functionalities or change the types of Listings it accepts or allows on the Platform, including but not limited to: improve or update our services, prevent abuse, or respond to legal requirements.
13.3. User violations. If a User: (i) breaches these Terms, policy or any other standard set by Sinistar, (ii) violates applicable laws, regulations, or third-party rights, or (iii) Sinistar believes it is reasonably necessary to protect Sinistar, its Users or third parties; Sinistar (or its affiliates) may, with or without prior notice:
suspend or limit access to or use of Platform and/or account;
suspend, remove, disable access to, or restrict visibility of Listings or other Content;
cancel pending or confirmed stays ; or
For minor violations or where otherwise appropriate as Sinistar (or its affiliates) determines in its sole discretion, Users will be given notice of any intended measure by Sinistar and an opportunity to resolve the issue. Users may appeal actions taken by Sinistar under this Section by contacting customer service. If a stay is cancelled under this Section, the amount paid to the Host will be reduced by the amount Sinistar refunds or otherwise provides to the Policyholder or Insurer, and by any other costs Sinistar incurs as a result of the cancellation.
13.4. Legal Mandates. Sinistar may take any action it deems reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement agency, or other administrative agency or government body, including the actions described above in Section 13.2.
13.5. Effect of Termination. Upon termination of this agreement, Users are not entitled to restoration of their account or Content. If the User’s access or use of the Platform has been limited, if their Sinistar account has been suspended, or if this agreement has been terminated by Sinistar, the User may not register a new account or access the Platform nor register a new account through another User.
13.6. Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 1 to 25.
Sinistar makes every effort to ensure that Users have an excellent experience using the Platform. However, Sinistar does not and cannot control the conduct of Users. You acknowledge that Sinistar (or its affiliates) has the right, but does not have any obligation, to monitor the use of the Platform and verify the information provided by Users. For example, Sinistar may review, monitor, remove, or edit Content to: (i) operate, secure, and improve the Platform (including for fraud prevention, risk assessment, investigation, and customer support purposes); (ii) ensure Users’ 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 Content that Sinistar determines 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.
Users agree to cooperate with and assist Sinistar (or its affiliates) in good faith, and to provide Sinistar with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the Platform.
Creating an account may be necessary to access certain features of the Platform. Registration is only permitted for legal entities and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Platform. You must provide accurate, current, and complete information during registration and keep your account information up to date (“Account Data”). You may not 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 are responsible and liable for activities conducted through your account and must immediately notify Sinistar if you suspect that your credentials have been lost or stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to, ask you to provide identification or other information.
Sinistar may update these Terms at any time. If these Terms are changed, Sinistar will post the revised Terms on the Sinistar Platform and change the “Last Updated” date indicated at the beginning of these Terms. In the event of material changes, you agree that email notification of the change or posting of the revised Terms on the Sinistar Platform is sufficient to notify you of such changes. All such changes shall be effective as of the last update date indicated
If you do not agree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you continue to access the Sinistar Platform, it means that you accept the revised Terms. It is your responsibility to regularly review the Platform Terms to determine if there have been any changes and to review such changes.
To support the safety, integrity, and trustworthiness of the platform and its Users, Sinistar reserves the right, at its discretion, to conduct identity verification and background screening checks. By using the Platform, you acknowledge and agree that Sinistar may, if it elects to do so, verify your identity and obtain reports from service providers, third-party databases, or other sources, which may include public records of criminal convictions, sex offender registrations, or their local equivalents, to the extent permitted by applicable law.
The Sinistar Platform and the Content may, in whole or in part, be protected by copyright, trademark and/or other laws of Canada, the United States and/or Europe. You acknowledge and agree that the Platform and the Content (including all associated intellectual property rights) are the exclusive property of Sinistar.
You may not remove, alter or obscure any copyright, trademark or other proprietary rights notices, whether they are embedded in the Platform or the Content, or if they accompany them. All trademarks, logos, trade names and other distinctive signs of Sinistar are trademarks or registered trademarks of Sinistar in Canada, the United States and/or Europe. This is true whether they are used on or in connection with the Platform. Third-party trademarks, logos, trade names and other designations used on or in connection with the Platform and the Content are for identification purposes only. You may not use, reproduce, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Platform or the Content. However, you may do so if you are the full owner of certain Content or if these Terms expressly authorize you to do so. No license or right is granted to you implicitly or otherwise under any intellectual property right owned or controlled by Sinistar. This however excludes the licenses and rights expressly granted in these Terms.
The Platform and its Content are provided “as is”, without warranty of any kind, and Sinistar (or its affiliates) disclaim all warranties, whether express or implied. For example, Sinistar: (i) does not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Host, Service, Listing, or third party; (ii) does not warrant the performance or non-interruption of the Platform; and (iii) does not warrant that verification, identity, or background checks conducted on Listings or Users (if any) will identify past misconduct or prevent future misconduct. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Sinistar (or its affiliates) cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.
Neither Sinistar (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Platform or any Content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Platform, or (iv) publishing or booking of a Listing, including the provision or use of Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Sinistar has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Hosts under these Terms, in no event will Sinistar’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any User, or your use of or inability to use the Platform, any Content, or any Service, exceed: (A) for Policyholders, the amount paid as a Policyholder during the 12-month period prior to the event giving rise to the liability; (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability; or (C) to anyone else, one hundred Canadian dollars ($ 100 CAD).
These limitations of liability and damages are fundamental elements of the agreement between you and Sinistar. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Sinistar’s option), indemnify, and hold Sinistar (including affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms; (ii) your improper use of the Platform, (iii) your interaction with any User, stay at an Accommodation, participation in a Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third-party rights such as intellectual property or privacy rights. You agree to indemnify and hold Sinistar harmless from and against any of the aforementioned claims, liabilities, damages, losses, and expenses, regardless of Sinistar’s responsibility for negligence and howsoever the same may be caused.
22.1. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to choice of law principles. Jurisdiction and venue for any legal proceeding involving or arising out of this agreement shall be exclusively in the provincial and federal courts located in the City of Montreal, Province of Quebec.
22.2. Arbitration. Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services (a “Dispute”) shall be resolved exclusively and finally by binding arbitration. The arbitration shall be conducted by a single arbitrator in Montréal, Québec, in the English language, in accordance with the rules of the Canadian Arbitration Association in force at the time of the Dispute. Arbitration hearings may be conducted in person or remotely by videoconference, at the discretion of the arbitrator. Judgment on the arbitral award may be entered in any court of competent jurisdiction. Before initiating arbitration, a party must provide written notice of the Dispute to the other party and allow at least thirty (30) days to attempt to resolve the matter in good faith. Either party may bring a claim before a court of competent jurisdiction solely for: (a) injunctive or urgent relief; (b) intellectual property infringement or misuse; (c) collection of unpaid amounts. All arbitration proceedings, including filings, hearings, documents, and any resulting awards, shall be kept strictly confidential by the parties, their representatives, and the arbitrator, except as required by law or to enforce an arbitration award.
22.3. Waiver of Jury Trial. To the fullest extent permitted by law, the parties waive any right to a trial by jury for any Dispute
22.4. Waiver of Class Actions and Representative Proceedings. To the fullest extent permitted by law, you agree that any Dispute shall be brought solely in your individual capacity and not as part of any class action, collective action, representative proceeding, or mass claim. The arbitrator shall have no authority to consolidate claims or preside over any form of representative or class proceeding.
22.5. Survival. This section survives termination of these Terms and your use of the Platform.
23.1. Interpretation. These Terms constitute the entire agreement between Sinistar and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Sinistar. If any provisions of these Terms is held to be invalid, void or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
23.2. No Waiver. Sinistar's failure to exercise or enforce any right or provision of this Agreement shall not be construed as a waiver of Sinistar's right to subsequently exercise or enforce such right or provision, or any other provision of this Agreement, unless acknowledged and agreed to by Sinistar in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
23.3. Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without the prior written consent of Sinistar. Sinistar may without restriction assign, transfer, or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
23.4. Notice. Unless specified otherwise, any notices or other communications to Users permitted or required under this agreement, will be provided electronically and given by Sinistar via email, Platform notification, or any other contact method Sinistar enables you to provide.
23.5. Force majeure. Sinistar shall not be liable for any delay or failure to perform resulting from abnormal and unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any questions about these Terms, please write to us at support-legal@sinistar.ca.
Your use of the Sinistar Platform is subject to Sinistar’s Privacy Policy. It is an integral part of this agreement. Please read the Privacy Policy available on the Sinistar website.