Last Updated: August 21, 2024
Welcome to Land Out!
We are excited to provide you with access to our innovative online platform, where we connect users with unique rural spaces across Canada for events, retreats, and creative projects. This Services Agreement outlines the terms and conditions governing your use of our platform, whether you are listing or booking spaces, accessing vendor services, or interacting with other users. Please read this Agreement carefully.
Important Notice:
Beta Disclaimer:
The Land Out platform is currently in its beta phase and is provided for testing and feedback purposes only. It is not intended for commercial use at this time. We reserve the right to modify or discontinue the platform at any point during the beta phase without prior notice. Users acknowledge that the platform may contain bugs or other issues and agree to use it at their own risk.
This Agreement includes provisions related to binding arbitration, waiver of class actions, and jury trials (see Section 4.2). If you do not agree with these terms, you may not use our platform or services.
References:
- “Land Out,” “we,” “us,” or “our” refers to Land Out Inc., a Canadian corporation registered at [Insert Address].
- “Users” refer to all individuals who use our platform, including Hosts, Guests, and Vendors.
1. General Terms
1.1 Services Provided
(a) Platform Services:
Land Out provides a marketplace that facilitates connections between three key types of users:
- Guests seeking rural spaces for events, retreats, or creative projects.
- Hosts offering their properties for rent as event spaces.
- Vendors providing complementary services such as catering, photography, or equipment rental.
We enable users to connect, communicate, and complete transactions via our platform. However, Land Out does not assume responsibility for the quality, safety, or legality of properties or services listed. The interactions, agreements, and transactions between users are made at their own risk.
(b) Host Services:
Hosts list their properties on the platform, providing descriptions, pricing, availability, and any additional services. Hosts are solely responsible for ensuring their listings comply with all applicable local, provincial, and federal regulations, including zoning laws, safety codes, and environmental requirements.
(c) Vendor Services:
Vendors are independent contractors offering supplementary services through the platform, such as catering, event planning, or rental services. Vendors are responsible for the quality and legality of their services and must ensure compliance with applicable laws and regulations.
(d) Concierge Services:
Land Out may offer assistance to Guests with booking spaces, identifying vendors, and coordinating services. These services are optional and depend on specific guest needs. We offer recommendations but do not assume liability for third-party services.
1.2 Eligibility to Use the Platform
(a) Age and Legal Capacity:
Users must be the age of majority in their province or territory and able to enter into legally binding contracts. By using the platform, you confirm you meet these requirements and comply with all applicable Canadian laws, including health, safety, and environmental standards.
(b) Compliance with Laws:
Users are responsible for ensuring that their activities on the platform comply with all relevant laws. This includes local regulations related to event hosting, taxation, health, safety, and property use.
(c) Account Registration:
To use the platform, users must register an account by providing accurate information. If you are creating an account on behalf of an organization, you must have the authority to bind that entity to this Agreement. Users are responsible for the security of their accounts and agree to update their information as necessary.
(d) Bookings:
Once a booking is confirmed, a direct contract is created between the Guest and Host. Land Out is not a party to these contracts and is not responsible for their enforcement. Payment processing and booking fees are facilitated through third-party services.
1.3 Fees and Payments
(a) Platform Fees:
Land Out charges service fees for both Guests and Hosts. These fees are displayed clearly before the completion of a booking. By using the platform, you agree to pay the applicable fees, including any Canadian taxes (e.g., GST/HST).
(b) Host Charges:
Hosts set their own prices and are responsible for collecting and remitting any applicable taxes. Any refunds issued to Guests that affect Host payouts will be handled in accordance with Land Out’s refund policy.
(c) Vendor Charges:
Vendors are responsible for setting their service prices and complying with applicable tax obligations. Any disputes regarding payments or services must be resolved directly between the Vendor and Guest.
(d) Payment Processing:
Payments are processed by a third-party provider, such as Stripe. By using the platform, you agree to the terms of the third-party payment processor.
2. Platform and Service Usage
2.1 User Responsibilities
(a) Access to the Platform:
Users are responsible for ensuring they have the necessary technology and internet access to use the platform.
(b) Personal Conduct:
Users must use the platform respectfully and lawfully. Any form of harassment, fraud, or illegal activity is prohibited. Misuse of the platform may result in suspension or termination of the user’s account.
2.2 Intellectual Property
(a) Land Out’s Intellectual Property:
Land Out retains ownership of all intellectual property related to the platform, including trademarks, copyrights, and patents. Users are granted a limited, non-transferable, non-exclusive license to use the platform for its intended purpose. Any attempt to reverse-engineer, copy, or modify the platform is strictly prohibited.
(b) User-Provided Content:
By posting content (e.g., property descriptions, photos), you grant Land Out a non-exclusive license to use, distribute, and display this content for promotional and marketing purposes. Users must ensure that their content does not infringe on third-party rights or contain any illegal material.
2.3 Prohibited Activities
Users agree to use the platform only for lawful purposes and in compliance with all applicable laws. Prohibited activities include, but are not limited to:
- Fraudulent or deceptive practices
- Harassment or abuse of other users
- Impersonation or misrepresentation
- Violation of Canadian laws, including intellectual property or privacy laws.
3. Land Out Services
3.1 Terms for Hosts
(a) Host Listings:
Hosts must provide accurate and detailed information about their properties, including pricing, availability, amenities, and any applicable rules. Hosts are responsible for ensuring their properties comply with all local, provincial, and federal regulations. Failure to provide accurate information may result in removal from the platform.
(b) Insurance:
Hosts must maintain adequate insurance coverage for events and related activities hosted on their properties. This includes general liability coverage for damages or injuries that may occur.
3.2 Terms for Guests
(a) Bookings:
Guests are responsible for evaluating the suitability of a property before booking. By confirming a booking, Guests agree to adhere to the Host’s rules and terms. Guests must also comply with all applicable laws during their event, including noise ordinances, health and safety regulations, and environmental protections.
(b) Conduct and Damages:
Guests are responsible for the conduct of themselves and their attendees. Any damage to the property or violation of booking terms may result in additional fees or penalties. Guests must leave the property in the same condition in which it was provided.
3.3 Terms for Vendors
(a) Service Listings:
Vendors must provide accurate information about the services they offer, including pricing, availability, and any specific terms or conditions. Vendors are responsible for complying with all applicable laws and maintaining necessary certifications, licenses, and insurance.
4. Dispute Resolution and Arbitration
4.1 Disputes Between Users
We encourage users to resolve disputes directly through open communication. If an issue cannot be resolved, users may request mediation assistance from Land Out. However, Land Out is not liable for the outcome of any disputes between users.
4.2 Binding Arbitration
In the event of unresolved disputes between users and Land Out, you agree to resolve the matter through binding arbitration. Arbitration will be conducted according to Canadian laws and relevant provincial arbitration rules.
4.3 Class Action Waiver
Users agree to resolve disputes on an individual basis and waive the right to participate in any class action lawsuits or consolidated legal proceedings.
5. Additional Legal Terms
5.1 Disclaimers and Limitations of Liability
Land Out provides the platform “as is” and “as available,” without any warranties. We are not responsible for the quality, safety, or legality of spaces or services listed on the platform. Liability for any claim related to the platform or services is limited to the amount paid to Land Out by the user for the use of the platform.
5.2 Indemnification
Users agree to indemnify and hold Land Out harmless from any claims, damages, liabilities, and expenses arising from their use of the platform or violation of this Agreement.
5.3 Amendments
Land Out reserves the right to modify this Agreement at any time. We will notify users of significant changes, and continued use of the platform constitutes acceptance of the revised terms.
5.4 Governing Law
This Agreement is governed by the laws of Canada and the province or territory where the booking or service occurs. All legal disputes will be resolved in the jurisdiction where the booking took place.
5.5 Force Majeure
Land Out is not liable for non-performance due to events beyond its control, such as natural disasters, government actions, or other unforeseen circumstances.
5.6 Entire Agreement
This Agreement, along with any referenced policies, constitutes the entire agreement between you and Land Out regarding your use of the platform.
5.7 Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue to be valid and enforceable.
Contact Us
For any questions or concerns regarding this Agreement, please contact us at [email protected].