1. Acceptance

Welcome to Staybula website https://Staybula.com. Staybula (hereafter referred to as “we”) provides the online platform that match make a user (“guest”) and private service providers (“Organizations”) who owns or provide accommodation services (hereafter referred to as “Providers”), for users who wish to book for an holiday apartment or overnight stay accommodation using our database that can be linked with the Service Providers’ or various booking websites. Users seeking accommodation (hereafter referred to as “Guest”) shall be granted access to this search lists via www.staybula.com and a link to the website of the Provider in order to carry out the booking process. This website and services is regulated through internet hosting standards and the U.S Federal Trade Commission Regulation who are in charge of the Federal Privacy and Data Protection regulations in the United States and the GDPR Privacy Laws and California Privacy Rights CCPA.

The following terms of service (the “Terms”) apply to our provision and your use of the platform, services and materials at (“Staybula website”) through www.Staybula.com (the “Staybula services“) including you visiting and browsing the Staybula site (being a “Visitor”) and registering with Staybula as (a “service provider/or guest”).

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BECAUSE THEY FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE(S) AND OTHER SERVICES.

2. Eligibility and Access to the Service

The Services and Website are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the preceding, the Services and Website are not intended to be used by individuals under the age of 18. If you do not qualify, please do not use the Services or access the website.

3. Definitions

Below are meanings of keywords used all through the website terms and conditions, please read them so you have a better understanding when using the website or services found herein.

  • Website: Staybula owns and operates the staybula.com web site. This website, its agents, owners, operators, and employees are referred to collectively here in as "Website" and/or Staybula.
  • Website Content: Any information and/or data published at the website is website content. This may include, but is not limited to, its services listed, design, layout, text, images, graphics, video, web pages, hyperlinks, data posted by registered or un- registered service providers, hotel or accommodation offers, advertisements, etc. It may be website’s content or content posted by third parties.
  • Third party content: All the content provided or submitted by service providers and/or contributed by anonymous providers at our website is termed as Third Party Content. This includes, but is not limited to, Company name, address, contact details, company profile information, and inquiries.
  • Visitors: Persons who visit or view this website, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as "Visitors".
  • Service providers: service providers are content providers, or service providers who subscribe on the website to list and offer of a hotel or accommodation service for rent.
  • Registered Members: Registration means that the Visitor takes active, positive steps to create an account on this website. Visitors or service providers who voluntarily create their profile at this website having their unique LOGIN are termed as Registered Members.
  • Guest: visitors who create an account on the website are referred to as guests.
  • Service provider: visitors who register as a service provider who provide and list hotel or accommodation for rent.
  • Services: Any service offered or provided by this website, right to view or visit provided by this website are collectively termed as Services.
  • Users: Registered Members, and Visitors are collectively referred to as “User” and/or “Users”. It also includes the business entities that can enter into a contract.

4. Scope.

These agreements collectively, this “Agreement”), sets out the terms and conditions by which Staybula, a Californian corporation, and its affiliates (“we,” “us,” or “our”) offer the services available through Staybula.com (our “Services”) to guests (“User”) and service providers (“Providers”). These Terms govern your use of the website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products, which are governed by their own terms of service.

5. Disclaimer Exclusions and License Disclosure

Please note that you access and use the website at your own risk. Staybula is not responsible for any type of loss or damage which you may sustain as a result of accessing and using the website. Staybula assumes no responsibility for the contents of any other provider to which the website may have links, and if you access any such linked sites, you do so at your own risk. Staybula’ inclusion of links to such websites does not imply any endorsement by Staybula of the materials on such sites. Staybula does not permit any third party to operate a link to the website, nor does it permit any third party to frame the website without obtaining Staybula’ prior written consent.

Your use of the Staybula.com website is at your own risk and subject to all applicable national and international laws and regulations. Staybula has no responsibility for any information or services obtained by you on the website. Staybula Reserves the right to modify, supplement, move or delete portions of or add to the site at any time with or without notice.

6. Our Services

Subject to the terms and conditions set forth herein. Staybula provides an online platform where guest can find great accommodation provided by a service provider. We also provide Service providers with access to the Website and listing feature through which the Service providers may post and list certain products or services for booking by other users.

Service providers will need to sign up for a Service provider account to be able to list services on our website. Our purpose is to help people find great local hotel or accommodation in your area, depending on your search location.

7. Making Bookings via Staybula.com

If you make a booking through Our Website for a service or Products, that booking is made with the Service Provider named on the booking page, and Our Website only acts as a user interface. Accordingly, Staybula.com has no responsibility for the booking or the Product because Staybula.com has no involvement in creating the description of the Product, in defining the price and any fees, or in providing the Products that you book. Any Third Party Products which you find or book via the Staybula.com Services and Website are provided by independent service providers, or other third parties ("Service Providers"). If you have any issues or disputes with your booking and the Product, you agree to address and resolve these with the service Provider and not with Staybula.com. Staybula.com facilitates your bookings with the service Providers but is not responsible and has no liability to you in respect of such bookings. The identity of the relevant Service providers and the terms and conditions applicable to your booking with them ("Service providers Terms") will be notified to you at the time of booking, and you should ensure that you read and fully understand them before completing your booking.

The Service providers Terms will set out what rights you have against the Service providers and will explain their liability to you in the event of anything going wrong. You agree to comply in full with all applicable Service providers Terms. You acknowledge that breaching Service providers Terms could result in the cancellation of booking or reservations, and other benefits, and additional charges.

8. Account Registration.

To access Staybula website is free, but users will need to sign up and register for an account by providing personal information to us we may require for accessing or using the service. We offer 2 types of account registration;

  • Guest Account and
  • Service Provider Account.

When you create an account with Staybula, you consent to receive updates, news or newsletter from us. You may unsubscribe from our mailing service at any time by clicking on the unsubscribe link included in the e-mails you receive from us. You agree to provide accurate, current, and complete information. Maintaining the security and confidentiality of your account is your responsibility, and we are not responsible for any unlawful or unauthorized access to your account or any loss or damage in connection to that. You must notify us promptly if you think your login information has been compromised or no longer confidential. You shall not impersonate any user or unlawfully access anyone’s account.

9. Service provider Listing Information

To access the Platform and Service, Staybula shall provide certain additional information including service provider listing, hypertext links to the Service providers Website, geographical regions serviced by each Service providers and other information relating to the services or products (Listing Information) so as to enable Staybula to service provider such information on its platform and to enable users to connect with the Service providers regarding purchase contracts. Service providers agrees to submit such Listing Information.

10. Staybula Services for Users

Staybula provides a targeted search function that enables Users to identify the most suitable Provider’s offer in the database and then match the User to that Provider’s site or puts the User directly in contact with the Provider. Staybula is therefore not the service provider for any of these websites.

Where a search returns a large number of results, the results displayed shall be limited to a specific amount to guarantee search functionality. Users may use the Staybula database free of charge. But to make a booking they will be required to register for a Guest account.

11. The Service Provider

The Staybula.com Platform provides the Service provider a possibility to present their accommodation like listing description, location and calendar availability and are able to apply their own accommodation rules, minimum stays and pricing. The service provider is responsible to keep their listing information up to date. The creation of a service provider account which includes listing creation is free. A commission may be charged only when it comes to booking an accommodation.

12. The Guest or User

The guest can also be referred to as (user or guest) who is able to book through Staybula.com an accommodation for a desired days with a service provider. The service provider will inform the guest if the accommodation is available. The booking system will pass a payment request to the guest. The payment will be fully processed through the service provider Payment Processor.

13. Staybula Commission or Matchmaking Fee

If you use this website as a user or service provider you agree and acknowledge that for each offers posted by Providers on Staybula.com may be subject to a commission or matchmaking fee in the event of a successful booking contract. The manner in which this contract between the User and the Provider is formed and any content within such contract must be consistent with the law and with any agreement between the two parties concerned.

14. Payment Terms of Use

We may direct you to a third-party payment processor to complete your booking by making a payment. Please note that, you will be providing billing information to the third-party payment processor and not Staybula. If you make a payment using an account or a card that is in the name of a third party, you shall remain bound by these Terms of Use, and the third party account- or cardholder shall not obtain any rights hereunder. If you are directed to a third party payment processor or payment provider, you may be subject to terms and conditions governing use of that third party's service, including applicable fees, as well as that third party's personal information collection practices. Please review such terms and conditions and Privacy Policy before using the services.

15. Advertising

We, and our licensees, may publicly display advertisements and other information adjacent to or displayed on the Staybula website. We allow service providers and advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are a service provider or advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements or services, and we have no other relationship with advertisers or service providers.

16. Guest Refunds Policy

The guest have the right to cancel any Service Agreement for any reason, including the ending of services that are already underway. There will be an administrative fee (cancellation fee) deducted from your original order purchase, where a Service is deemed to have started and is, for all intents and purposes, underway. Please see our cancellation policy section.

17. Donation Guest Stay

We offer donation based stays where an accommodation can only be book by donation. However, please note that, Staybula.com will collect a matchmaker or (service provider/guest) calendar fee for every donated guest stay. To get around a city restrictions on short term stay, you can use our donation guest stay option. Terms and conditions apply

18. Representations and Warranty.

You represent and warrant that, for all such Content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such Content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any rights of any third party. Staybula takes no responsibility and assumes no liability for any content provided by you or any third party.

19. Acceptable User Conduct.

Staybula has the right, but not the obligation, to investigate any illegal or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, and injunctive relief. While utilizing the Services, you may not:

  • No Interference. You may not interfere with any other user’s ability to use or enjoy our Services.
  • No Bullying. You may not use our Services to threaten, abuse, harass, or invade the privacy of any third party.
  • Content Posted by You Must be Yours. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including, without limitation, patent, trademark, copyright, right of publicity or other proprietary rights.
  • Your Materials Must Be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including, without limitation, any images or other material of a sexual nature.
  • Don’t Damage Our Services or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of our Services, or to obtain unauthorized access to our Services or Content or any data or other information of any third party.
  • No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to our Services or use our Services, Content or any information contained therein for any unlawful purpose. Staybula, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of our Services violates this provision.
  • No Collection of Personal Information from Other Users. You may not collect information about other users of our Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation.
  • Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your professional or other affiliation with any other person or entity.
  • No Criminal or Unlawful Conduct. You may not use our Services, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any of our Services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
  • Follow These Terms of Use and Conduct Rules. You may not take any action on or through our Services that violates any applicable law or these Terms of Use.

We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to our Services or seeking other legal or equitable remedies, once we become aware of any violation of these provisions.

20. Trademark and Marks.

Staybula shall have the non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your account (s) to promote the Services.

21. Restrictions

All rights not expressly granted by Staybula to you in these Terms are hereby reserved by Staybula.com there are no implied rights. You may not use, imitate, or copy, in whole or in part, any Staybula trademark, service mark, trade dress, logo, or another branding (collectively, “Marks”) without, in each instance, Staybula’s prior written consent, in Staybula’s discretion. All permitted use of Staybula’s Marks will inure to the benefit of Staybula.com.

22. Charge backs

We recognize that chargebacks can happen for a variety of valid reasons. However, if you make a payment-card payment through the Staybula.com website in respect of a Booking, and you later dispute this legitimate charge by raising a chargeback without merit, whether fraudulently or otherwise, then we may take steps to recover any charges resulting from such an unmerited chargeback from you directly. Or we terminate your access to the service.

We take a zero tolerance approach to chargeback fraud. Further, in the event of any unmerited chargeback request, we reserve the right to recover monies by any legitimate means available to us, including using a third-party debt collection agency or any other lawful means to recover funds successfully charged back to you in such circumstances.

23. Cancellation Policy.

Guest have a right to cancel an already placed booking services. If you wish to cancel a confirmed Booking made via the Site, the Service Provider”s cancellation policy contained in the applicable Property Listing will apply to and govern the terms of your cancellation and any refunds. We reserve the right to a Levy [admin fee] charge to cover any subsequent administrative expenses.

24. Your Content

Despite our rights outlined herein, you shall remain solely responsible for all Material you post. Staybula has no obligation to evaluate, pre-screen or monitor the Material you post. However Staybula reserves the right to edit or remove any Content or Material on the Services, in whole or in part, and to disclose any information or take any action necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect the rights, property or safety of Staybula, its users, and the public. You understand and agree that you may be exposed to such matters and that you further waive your right to any damages (from any party) related to such exposure.

Staybula has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

  • Restrict, suspend, or terminate your access to all or any part of our Services;
  • Change, suspend, or discontinue all or any part of our Services;
  • Refuse, move, edit or remove any Material for any reason;
  • Refuse, move, edit or remove any Content that is available on the Services;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their legal rights, including, but not limited to, their intellectual property rights or their rights of privacy or publicity;
  • Disclose your identity or other information about you to law enforcement officials upon request if Staybula determines in its sole discretion that such disclosure is in the interest of protecting its users or the public;
  • Establish general practices and limits concerning use of our sites and Services.

You agree that Staybula will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements, and administrative messages from our partners or us and that these are considered part of the Services.

25. No Warranty

We provide our Services using a commercially reasonable level of skill and care, and we hope you will find them helpful. However, there are specific promises we do not make about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, STAYBULA DOES NOT MAKE ANY SPECIFIC PROMISES OR COMMITMENTS ABOUT OUR SERVICES, THE CONTENT WITHIN OUR SERVICES, THE SPECIFIC FUNCTIONS OF OUR SERVICES OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR COMPANY’S NEEDS. WE PROVIDE OUR SERVICES “AS IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

26. Experience Guest Release and Waiver

Staybula is solely the technical services provider, only enabling a search for suitable offers. Staybula will not publish their own offers on the aforementioned websites, nor does Staybula assume any liability for any offers made. The Provider carries sole responsibility for all and any offers posted on the aforementioned websites and any other websites linked to by Staybula, along with any related declarations of intent. Staybula does not assume any liability for the accuracy or price of the information posted by the Provider.

Any contracts or bookings of overnight stays and/or use of holiday apartments exist solely between the Provider and the Guest. Staybula is exempt from any contractual regulation, agreement or claim existing between the User and any external booking agent. Bookings shall be governed exclusively by the General Terms and Conditions of the service provider or Organization, particularly with regard to cancellation and withdrawal. The booking service provider or Organization remains the sole point of contact for booking and payment processes, as well as any questions relating to that contract. Staybula is not able to provide any information on these matters.

27. Offer Feeds

Offers will be updated at least once daily via a technical interface.

28. Copyright Policy

The Staybula logos, the slogan, and any other Staybula' product or service name or slogan contained on the Services are trademarks of Staybula. They may not be copied, imitated, or used, in whole or in part, without the prior written permission of Staybula or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Staybula" or any other name, trademark or product or service name of Staybula without our prior written permission. Also, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark or trade dress of Staybula and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and Staybula or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

29. Anti-discrimination Policy

Staybula does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.

30. Indemnification.

You agree to indemnify, defend and hold Staybula and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Staybula Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any Staybula Party in connection with:

  • Your use of, or connection to, our Services;
  • Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
  • The Content, the quality, or the performance of Material that you submit;
  • Your violation of the Agreement or the Staybula Privacy Policy;
  • Your violation of the rights of any other person or entity; or
  • Your violation of any applicable laws, rules, or regulations.

Staybula reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Staybula’ defense of such claim

31. Copyrights Complaints

Following the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Staybula has adopted a policy of terminating, in appropriate circumstances, and in Staybula’ sole discretion, users who are repeat infringers. Staybula may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

32. DMCA Notice

If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

For the requirements of a proper notification

Name of Designated Agent:
Address:
Telephone Number:
Fax Number:
E-Mail Address:

You must not knowingly misrepresent your information that the Material is infringing when it is not. You will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the Material or activity claimed to be infringing.

33. Electronic Communications

For contractual purposes, you (1) consent to receive communications from Staybula in an electronic form such as e-mail, to provide exclusive deals, and promotion. (2) Agree that all terms and conditions, agreements, notices, disclosures, and other communications that Staybula provides to you electronically via e-mail satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

34. Our Policy towards Children

Staybula respects the privacy of children, and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices concerning the collection of personal information from children under the age of 18. This site does not knowingly collect, use, or disclose personal information from children under the age of 18 without prior parental consent, or do we provide Staybula services to children under 18 years of age except as permitted by COPPA. However, we may provide our service to children under 18 years of age but in the supervision of a parental guardian.

35. Data and Privacy

By using Staybula, you agree to the collection, transfer, storage, and use of your personal information by Staybula on servers located in California. As further described in our Privacy Notice. You and Staybula shall process personal data received under and in connection with this User Agreement, each as a separate and independent controller. In no event will Staybula and you process personal data under or in connection with this User Agreement as joint controllers or a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

36. Termination of Service

Staybula reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Services, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your access to the Services at any time by immediately ceasing use of the Services. If you would like to delete a particular account on the Services, please review our Privacy Policy and use the contact instructions for the particular data where you with to delete your account.

37. Gifts Cards

Redeem your Gift Cards into your Account Balance, and use it to place a booking on the Staybula.com website. Give a gift card to the people who mean everything to you, discover how to use the gifts card when you contact our customer service team to take you along the way.

You can use gift Cards to make a booking or payment of a services on the Staybula.com website. Should we receive a request for payment using Gift Cards outside of the former, please contact our customer support team to help you step by step, convert your gifts card to cash.

38. Links to Thirds Party Websites

We may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise. In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.

39. Feedback

You agree that any submission of any ideas, suggestions, and/or proposals to the Staybula through its suggestion, feedback page (“Feedback”) is at your own risk and that the Staybula has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback.

You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Staybula a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.

40. Limitations of Liability.

WHEN PERMITTED BY LAW, STAYBULA WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES RELATED TO THE USE OF OUR SERVICES.

TO THE EXTENT PERMITTED BY LAW, STAYBULA’S TOTAL LIABILITY FOR ANY CLAIMS UNDER THIS AGREEMENT OR RELATING TO THIS AGREEMENT AND OUR SERVICES, INCLUDING FOR BREACH OF THIS AGREEMENT OR ANY WARRANTY CLAIMS, IS LIMITED TO THE AMOUNT YOUR COMPANY PAID US TO USE OUR SERVICES. IN ALL CASES, STAYBULA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

41. Disclaimers.

YOUR USE OF THE WEBSITE, AND SERVICES WILL BE AT YOUR OWN RISK AND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. STAYBULA AND ITS SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

STAYBULA MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT (i) THE ABILITY OF THE WEBSITE, SERVICES, OR PLATFORM TO PERFORM WITHOUT LIMITATION OR RESTRICTION IN ANY GIVEN ENVIRONMENT, (ii) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITE, SERVICES, OR SOFTWARE, (iii) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY LINKED SITES (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE), AND/OR (iv) THIRD-PARTY PRODUCTS, AND STAYBULA ASSUMES NO LIABILITY OR RESPONSIBILITY THEREWITH

42. No Guarantee

Unless otherwise expressed, Staybula expressly disclaims all warranties and conditions of any kind. Whether expressed or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

43. CAN-SPAM Act

In accordance with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), Staybula follows all applicable digital communication laws. As part of our services, a valid e-mail address is required to leave a comment, purchase a service, and receive our newsletter. You may unsubscribe from e-mail correspondence at any time, however, by doing so, you will lose access to prior purchases, and account information.

44. International Users and the GDPR

The Staybula Platform advises both its Service providers and Guests to be aware of, respect and comply with the local laws of any international based Client. Staybula is cognizant and respects the formal promulgation of the existing European Union Data Privacy Regulations. The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union and the European Economic Area. It also addresses the export of personal data outside the EU and EEA and is commonly referred to as “GDPR.” Staybula has always respected our user Privacy (see our Privacy Policy).

The basic tenants of the promulgated GDPR regulations include, but are not limited to the following:

  • Disclosure when you transfer or third party marketing of User’s data: As outlined in this Terms of Use, Staybula does not sell or transfer user data and any marketing efforts are focused solely on internal information updates to our registered Clients.
  • Access to collected data: At Staybula, you already have the ability to access your shared data (Your personal information, your emergency contact information and all your interactions with your Providers) and use it as you wish.
  • Clear Consent: At Staybula our Terms of Use are clear on what consent we seek with regards to your data and prior to your engagement with your Provider, you review and agree to a further “informed consent” process.
  • Security: At Staybula we have encrypted our data from day one and has always been stored with full the latest digital security and in an anonymized form as required by the GDPR.
  • Notice/Audit: At Staybula, we will provide our users notice of any data breach and we employ a full time security Officer, as well as engaging a third party security firm to periodically audit both or code and technology security as well as our GDPR and CCPA policies and procedures around data security.

Finally, dependent of your EU country or origin, the GDPR takes into account what was previously termed the right “to forget” or request deletion of your data once you cease using a particular services or site. This particular tenant of the GDPR may conflict with applicable records retention laws. In the United States, this requires at least seven years of retention, which is common around the world and is sometime up to ten years or more in certain countries. So, unlike some data platforms, Staybula cannot erase private health data directly upon a user request, as it may be considered essential for other file retention purposes. Applicable individual country data retention laws are generally considered an acceptable exception to the GDPR regulations regarding the right to deletion of certain data.

45. California Consumer Privacy Act CCPA

For the purposes of the California Consumer Privacy Act (“CCPA”), Staybula.com shall be considered a Business and/or Third Party, as applicable. Where Staybula.com acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to Staybula.com is done so in compliance with applicable law, and that it has provided all necessary and appropriate notices and opt-outs, and otherwise has all necessary and appropriate rights, to enable Staybula.com to (i) share any and all Personal Information you provided with any Staybula.com company. For more information please contact our customer service team

46. Binding Arbitration of All Disputes; No Class Relief.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Staybula and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

47. Arbitration Agreement and Option

For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:

  • The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
  • The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
  • Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

48. Injunctive Relief

You acknowledge and agree that any violation or breach of the Terms may cause Staybula immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and Staybula reserves the right to, in its discretion, immediately seek and obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to Staybula in law or in equity, Staybula may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.

49. Waiver of Jury Trial

YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.

50. Jurisdiction

Except for disputes governed by the our Dispute Resolution and arbitration Policy, this agreement shall in all respects be governed by, interpreted and construed with, according to, and by the laws of the California Supreme Court and the required European Union GDPR Regulation. You agree that any claim or dispute you may have against must and be resolved by arbitration.

You and Staybula Both agree to submit to the non-exclusive jurisdiction of the laws of the California Supreme Court; for claims falling within the jurisdiction European Union Region, you and Staybula.com both agree to submit to the jurisdiction of the laws of the California Supreme Court.

51. Copyright or Trademark License

Copyright (c) 2020(s) Staybula website. Subject to the express provisions of these terms and conditions:

All trademarks, logos and service marks (“Marks”) displayed on the service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

52. Complaints

If you have any questions about these Terms & conditions, please contact us. Oceanangelolson@gmail.com

Hacked by CrankySt@lker