Terms and Conditions1. Your Acceptance
Please read these terms and conditions of use carefully before using this website.
Toronto Five Star Homestay Programs Inc. (hereafter referred to as "Five Star", “we”, “us’, or “our”) establishes a homestay family network that screens homestay families, and connects them with international students on visa, who are seeking accommodations in Canada. This Site provides an online platform to facilitate our homestay placement and management business. By accessing and using fivestarhomestay.com (the "Site" or “Platform”), you agree to comply with and be legally bound by the following terms and conditions (“Terms”), whether or not you become a registered user of the Site. If you do not agree with these Terms, please exit and do not use the Site.
Note that all of the Terms below are subject to the laws of the place where you live, and some of them might not be binding on you under those laws.2. Modification
Five Star reserves the right, at its sole discretion, to modify the Site or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site. Your continued use of the Site following any such posting will be deemed as consent to the new Terms.3. Third Party Information
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Five Star Site:
A. The Site, its design, all text, graphics, content, video, audio and the selection and arrangement of the Site are the property of Five Star and/or it is affiliates or third party providers or licensors and are protected under the copyright laws of Canada and other countries. The content on the Site, except all User Submissions (as defined below), including without limitation, text, software, scripts, graphics, photos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Five Star, and is subject to trademark, copyright and other intellectual property rights under the law.
B. You may not use this Site if you live in a jurisdiction where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of this Site is lawful, and you must comply with all applicable laws.
C. Neither the Site nor the Content or Marks may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Five Star, except that you may download, display and print the Content presented on the Site for your personal, non-commercial use only. Unauthorized use of the Site and/or the content contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on the Site. The use of that content on any other website or in any environment of networked computers is prohibited. You are not permitted to engage in any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information from the Site for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools on the Site.
D. You are prohibited from contributing, posting or transmitting to the Site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Five Star reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
E. In its sole discretion, in addition to any other rights or remedies available to Five Star and without any liability whatsoever, Five Star at any time and without notice may terminate or restrict your access to any component of the Site.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
G. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources, and you further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Five Star with respect thereto, and agree to indemnify and hold Five Star, its member, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.5. User Submissions and Conduct
A. As a Five Star account holder you may submit photo content and textual content identified as “public”, and collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Five Star does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Five Star to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Five Star, you hereby grant Five Star a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Five Star's operations, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Five Star Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms. The above licenses granted by you are perpetual and irrevocable.
D. You agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations.
E. Five Star does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Five Star expressly disclaims any and all liability in connection with User Submissions. Five Star does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Five Star will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.
F. Five Star reserves the right to remove Content and User Submissions for any reason without prior notice.6. User Account
A. Your Five Star website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of Five Star. Five Star recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
B. All login names and passwords remain the property of Five Star, and may be cancelled or suspended at any time by Five Star without any notice or liability to you or any other person. Five Star is not under any obligation to verify the actual identity or authority of the user of any login name or password.
C. You must immediately notify Five Star of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.7. Privacy
You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, Five Star, its members, officers, directors, employees, and agents expressly disclaim all warranties, express or implied, in connection with the Site and your use thereof, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Five Star makes no warranties or representations about the accuracy or completeness of the Content or the content of any sites linked to this Site.9. Refund Policy
You agree that with respect to any amounts you pay to Five Star, your right to receive a full, partial, or any refund of or credit for any amounts you pay to Five Star is subject to Five Star’s refund policy the terms of which appear on the Site here https://fivestarhomestay.com/refund-policy and are incorporated into these Terms, and you agree that the terms of that policy are reasonable.10. Limitation of Liability
In no event shall Five Star, its members, officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site or participating in any of our homestay programs, whether as a homestay family, student or agent, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Site by any third party, and/or (v) any other interaction you have with other members, students or homestay families, whether in person or online, whether based on warranty, contract, tort, or any other legal theory, and whether or not you are advised of the possibility of such damages.
You specifically acknowledge that Five Star shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Site is controlled and offered by Five Star from its facilities in Canada. Those who access or use the Five Star Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If Five Star or any of its members, officers, directors, employees, or agents should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Site or its Content the liability of Five Star and its members, officers, directors, employees, or agents will in no event exceed in the aggregate of $100. In no event will Five Star or any of its members, officers, directors, employees, or agents be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Site or its Content, the operation of this Site or any failure or delay in the operation of this Site, even if advised of the possibility of damages.
The limitations of liability set forth in this section will survive the termination of your access to the Site.11. Indemnity
You agree to defend, indemnify and hold harmless Five Star and its members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This indemnification obligation will survive the termination of your access to the Site.12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.13. Accuracy of Information
We rely on the information you provide through this Site, including email address, registration information (name and email address), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.14. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Five Star without restriction.15. General
You agree that:
- the Site shall be deemed solely based in Ontario, Canada; and
- these Terms shall be governed by the laws of the Province of Ontario and the federal laws applicable in that Province, without respect to its conflict of laws principles. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of Site and these Terms.
- if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
- no waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Five Star's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- the headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
- additional terms and conditions apply to your interactions with Five Star and any homestay placement. Additional terms and conditions may also apply to specific website functions available on the Site.
When you visit our Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.