GENERAL TERMS AND CONDITIONS
Last Updated the 20__ day of __November________, 2022____________
Zion Haven Inc.
Operating as Travel Nurse Houses
a corporation duly constituted under the
Ontario Business Corporations Act an Online Company
(Hereinafter referred to as “Travel Nurse Houses”)
1. NOTICES 1.1 Please read this Document carefully as it creates legal obligations and constitutes a binding agreement between You and Travel Nurse Houses. 1.2 These General Terms and Conditions apply to all Users including Guests and Hosts. 1.3 You must have attained the age of majority in the Jurisdiction in order to qualify to lawfully use the Platform. 1.4 If You are using the Platform on behalf of another person including a non-natural person, You confirm that You have the authority to bind such person to these General Terms and Conditions. 1.5 By accessing, browsing, and using the Platform, You confirm that You have read and accepted this Document. 1.6 If You do not accept this Document, then do not access or use the Platform or Market Place Services or any of their content. 1.7 These General Terms and Conditions are subject to change by Travel Nurse Houses in its sole discretion at any time to the fullest extent permitted by applicable law. Upon making any changes, Travel Nurse Houses will make a new copy of the General Terms and Conditions available on the Platform and update the "last updated" date at the top of the General Terms and Conditions. Travel Nurse Houses may also send an e-mail to You at the last e-mail address You provided. Any changes to the General Terms and Conditions will be effective immediately after posting notice of such changes on the Platform. Travel Nurse Houses may require You to provide consent to the updated General Terms and Conditions in a specified manner before further use of the Platform or Market Place Services. If You do not agree to any change(s) after receiving a notice of such change(s), You shall stop using the Platform or the Market Place Services. Your continued use of the Platform or the Market Place Services constitutes your acceptance of such change(s). 1.8 You acknowledge that other Users may have additional terms and conditions including but not limited to those dealing with privacy and treatment of Personal Data and it is your responsibility to obtain and review such terms between You and such other Users. 1.9 The Platform may use or rely on services and content from third party utilities, software or service providers including but not limited to Google, Amazon, Microsoft, and Apple and You agree that it is your responsibility to obtain and review the terms of service of such third parties. 2. WHEREAS
Recitals 2.1 Travel Nurse Houses maintains and, upon request, provides access to an online marketplace or forum and mobile applications which enable owners of residential premises or their authorized agents, on the one hand, and travel nurses and other professionals seeking mid-term accommodation on the other hand, to connect for the purpose of facilitating the grant by such owners to such travel nurses or other professionals, of rights to occupy such premises on a short term basis for the purpose of such persons’ work-related travels;
2.2 You have requested a license to use the Platform for your purpose; and,
2.3 Travel Nurse Houses has accepted to provide You a license to use the Platform in accordance with the following terms and conditions;
NOW THEREFORE in consideration of your having access to and using the Platform and Market Place Services, You covenant and agree with Travel Nurse Houses as set out in this Document.
3. DEFINITIONS & INTERPRETATIONS
3.1 When used in this Document, the following capitalized expressions shall have the meanings set beside them in this article:
a) “Accommodation Unit” means residential premises offered by a Host, on the Platform, for short term use by Guests.
b) “Document” or “General Terms and Conditions” means these general terms and conditions together with all schedules and addenda referred to herein.
c) “Download Providers” means third parties providing download services that facilitate the use of the Platform and Market Place Services, including but not limited to Apple Inc. (“Apple”), Amazon Inc. (“Amazon”), Google, Inc. (“Google”), Microsoft Inc. (“Microsoft), or their affiliates and collaborators.
d) “Force Majeure Event” means an occurrence beyond the control of the affected party including, but not limited to, governmental orders and restrictions, acts of God, strikes, work stoppage or other labour disturbances, war or sabotage, but excluding financial limitations of a User.
e) “GST” means an amount equal to any and all listings and services taxes, sales tax, harmonized sales taxes, value added taxes, business taxes, or any other taxes imposed with respect to any transactions among Users or between Travel Nurse Houses and a User.
f) “Guests” means travel nurses or other travelling professionals who request and are granted accommodation of residential premises for periods of 30 days or more and ancillary services offered by Hosts using the Platform.
g) “Host” means persons offering accommodation in residential premises to Guests through the Platform.
h) “Jurisdiction” means the Province or Territory in which the Accommodation Unit is situated.
i) “Location” means the location of the Accommodation Unit.
j) “Market Place Services” means the services provided by Travel Nurse Houses in managing the Platform to enable the Users access the Licensed Use.
k) “Order” means the right to use an Accommodation Unit purchased by a Guest from a Host through the Platform.
l) “Personal Data” means any information obtained in connection with this Document:
i) relating to an identified or identifiable natural person;
ii) that can reasonably be used to identify or authenticate an individual, including but not limited to name, contact information, precise location information, persistent identifiers; or,
iii) any information that may otherwise be considered personal data under the applicable law.
m) “Platform” means the online marketplace, mobile application or similar forum maintained by Travel Nurse Houses, to enable Hosts and Guests to connect to facilitate the purchase and performance, of Orders.
n) “User” means any person, including individuals and other legal entities, accessing or otherwise using the Platform or the Market Place Services and includes Hosts and Guests.
o) “User Content” means any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Platform by a User including User Submissions.
p) “User-Related Content” means data, information, records, files, material or other content collected by Travel Nurse Houses from a User’s computer, mobile devices, or from third-parties with the User’s permission, including all results from processing such data, including compilations, and derivative works.
q) “User Submissions” means comments, ratings, reviews, suggestions or feedback submitted by a User using the Platform.
3.2 In interpreting this Document, the following rules shall apply:
Pronouns in context a) Words may be read and construed in the plural instead of singular, feminine and neutral genders instead of the masculine, and vice versa and words importing persons shall include bodies corporate, corporations, companies, partnerships, syndicates, trusts and any number of aggregate persons, all as the context requires.
Headings and marginal notes b) Headings and marginal notes are for convenience only and do not affect the interpretation of this Document.
Severability c) If any term, covenant or condition of this Document shall, to any extent, be invalid or unenforceable, the remainder of this Document shall not be affected thereby, and each term, covenant, and condition of this Document shall be enforced to the fullest extent permitted by law.
Governing law d) These General Terms and Conditions shall be governed by and construed in accordance with the laws of the Jurisdiction.
Host agreements prevail e) In the event of any conflict between this Documents and the separate specific agreement entered into between Travel Nurse Houses and a Host, the terms of the separate agreement will govern.
Grant of license 4.1 Subject to the provisions of this Document, Travel Nurse Houses hereby grants You a non-exclusive license, to use the Platform, for the sole purpose(s) of:
a) Where You are a Guest:
i) creating and maintaining a User Account;
ii) reviewing Accommodation Units offered by Hosts;
iii) Sending booking requests to Hosts for listed Accommodation Units; and,
iv) posting Submissions on Orders.
b) Where You are a Host:
i) creating and maintaining a User Account;
ii) listing Accommodation Units, receiving, reviewing, accepting or declining booking requests therefor; and
iii) such other uses set out in the separate specific agreement between Travel Nurse Houses and You as a Host;
(each category of use being referred to in this Document, with respect to each category of Users, as “the Licensed Use”).
Reservations 4.2 Travel Nurse Houses and its affiliates and their contracting third parties reserve all rights not expressly granted in this Document. The Platform and all related data, including all intellectual property rights associated thereto, are and remain the property of Travel Nurse Houses, its affiliates, and licensors.
No transfer 4.3 You shall not transfer, assign, or sublicense the license granted under this Document without the prior written consent of Travel Nurse Houses.
Control of use 4.4 Travel Nurse Houses retains the right, at its sole discretion, to deny You access to the Platform or the Market Place Services, at any time and for any reason, including, but not limited to your being in violation of the terms set out in this Document or use of the Platform for use other than the Licensed Use. You will cease and desist from access or use of the Platform or Market Place Services immediately upon request by Travel Nurse Houses.
Control of content 4.5 Travel Nurse Houses reserves the right to change or allow a User or third party to change any information, material or content (including, but not limited to, rates, features, availability of listings, or Submissions) contained on or provided through the Platform at any time, and from time to time, without notice.
5. USER ACCOUNTS
Create account 5.1 Prior to using the licensed features of the Platform and the Market Place Services, You shall register by creating a user account (“User Account”) using the provided interfaces at the Platform. You may access the unlicensed features of the Platform without creating a User Account.
Keep account secure 5.2 Your User Account must be kept secure and You agree that You will not share or disclose your User Account credentials with anyone and that Travel Nurse Houses will not be liable for any loss or damage arising from your failure to safeguard your User Account including but not limited to failure to use strong passwords or limit its use to your User Account.
Refusal to create account 5.3 Travel Nurse Houses reserves the right to deny your request for a User Account (including usernames) and to disable or terminate access to any User Account (including usernames) issued to You at any time in Travel Nurse Houses’ sole discretion. If Travel Nurse Houses disables access to a User Account issued to You, You will be prevented from accessing the Platform or the Market Place Services, your User Account details, Orders or other information associated with your User Account.
Termination by Travel Nurse Houses 5.4 Travel Nurse Houses may suspend or terminate your ability to access the Platform, or cease providing You with all or part of the Market Place Services at any time for any or no reason, including but not limited to:
a) if Travel Nurse Houses has a reasonable basis to believe that You are in breach of the terms of this Document;
b) If Travel Nurse Houses has a reasonable basis to conclude that You are likely to create a risk of legal liability to it;
c) prolonged inactivity; or
d) providing the Market Place Services to You is no longer commercially viable.
Removal of content and notification 5.5 Upon suspending or terminating your User Account, Travel Nurse Houses may also remove some or all of your User Content. Travel Nurse Houses may make reasonable efforts to notify You by the email address associated with your account, through the Platform or the next time You attempt to access your User Account, depending on the circumstances.
5.6 You acknowledge and agree that all suspensions or terminations may be made by Travel Nurse Houses in its sole discretion and that it will not be liable to You or any third-party for any suspension or termination of your access or for the removal of your User Content. Any suspension or termination of this Agreement by Travel Nurse Houses will be in addition to any and all other rights and remedies that Travel Nurse Houses may have.
User may request deletion of User Account 5.7 You may request by email or through any then-available interfaces that your User Account be deleted and that your license be terminated by uninstalling and removing all local software components thereof, if any. If You request deletion of your User Account, Travel Nurse Houses may disable your User Account but keep the disabled User Account for fraud prevention or other lawful purposes. If Travel Nurse Houses has received all outstanding payment from You, You may request termination of this Document at any time by email (or any then-available interface on the Platform) that your User Account be deleted. Travel Nurse Houses may terminate this Document at any time by giving notice to You, at its discretion, by email at your current email address on file with it or through the Platform.
Prohibitions 5.8 You shall not, without Travel Nurse Houses’ prior written permission, use the Platform, the Market Place Services or any Content (including other Users’ User Contents) for purposes other than the applicable Licensed Use.
Without limiting the generality of the foregoing, You will not, and will not permit anyone else to, or attempt to use the Platform or the Content to:
a) frame, mirror or otherwise incorporate the Platform, the Market Place Services or any part thereof on any commercial or non-commercial website;
b) access, monitor or copy any part of the Platform, the Market Place Services or any part thereof using any robot, spider, scraper or other automated means or any manual process for any purpose;
c) violate the restrictions in any robot exclusion headers on the Platform or bypass or circumvent other measures employed to prevent or limit access to the Market Place Services or the Platform;
d) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Platform or its content;
e) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform, or any Host’s profile or listings, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform;
f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Platform or impersonate another person or organization or misrepresent their affiliation with a person or entity;
g) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform or the Market Place Services;
h) copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Platform;
i) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform;
j) create derivative works based on the Platform, the Market Place Services or any part thereof, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the Platform, the Market Place Services or any part thereof;
k) use or access the Platform in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party; or
l) upload to or transmit through the Platform any information, images, text, data, media or other content that is offensive, harmful, tortious, hateful, obscene, defamatory, or violates any laws or is otherwise objectionable, in each case as determined by Travel Nurse Houses in its sole discretion.
Suspension of Platform 5.9 Travel Nurse Houses may alter, suspend, or discontinue the Platform or Service at any time and for any reason or no reason, without notice.
Downtime 5.10 The Platform or Market Place Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.
Upgrades 5.11 Travel Nurse Houses may upgrade or alter the Platform at any time and remotely access the Platform (including for greater certainty any Travel Nurse Houses Platform applications) at any time for any lawful reason, in particular to update the software or to perform software maintenance.
Promotions 5.12 Travel Nurse Houses may but is not obligated to offer, from time to time, promotional, advertising, or marketing schemes and the provisions of Schedule B of this Document shall apply to all such offers.
6. HOST-SPECIFIC PROVISIONS CONCERNING ORDERS
Use 6.1 As a Host, You may use your User Account to:
a) Publish and edit from time to time, listings of Accommodation Units offered by you, setting out rates and other terms;
b) Accept or decline booking requests from potential Guests; and,
c) Manage your User profile.
6.2 Travel Nurse Houses will send you orders from potential Guests.
To perform 6.3 Upon accepting an Order from a potential Guest, you shall deliver the Accommodation Unit at the rate and in accordance with the other terms specified in your listing.
6.4 You acknowledge, warrant and agree that:
a) You are an independent operator carrying on business on your own account and not in partnership with Travel Nurse Houses or any other User;
b) You assume any risk associated with hosting Guests accepted by you; Travel Nurse Houses does not provide liability, property or other insurance protection for Property Owners, and Property Owners are solely responsible for obtaining insurance coverage sufficient to protect the Properties and the Guests. Property Owner agrees that it has or will obtain the appropriate insurance coverage sufficient to cover the rental of the Properties and will maintain adequate insurance coverage through the departure date of any Guest they have obtained via the Travel Nurse Houses Platform. Further, Property Owners agree to provide Travel Nurse Houses with copies of relevant proof of coverage upon request
c) It is your responsibility to ensure that all the information provided by you on the Platform, including but not limited to description of Accommodation Units, rates, and other details, are true and correct;
d) You will provide all information related to rates and other fees you will charge Guests for the Accommodation Unit and any associated charges;
e) Payments for Orders are to be arranged directly between You and Guests as Travel Nurse Houses will not participate in determining rates, receiving payments, or processing payments;
f) You will ascertain and comply with all laws, bylaws, and regulations set by any governmental authority (including municipal authorities) as they may relate to housing regulation, zoning, permit requirements, rent/rate control, human rights, health and safety of Guests and other occupants, GST, or any other matter;
g) You will ascertain and comply with bylaws, rules, and regulations set by any condominium or strata associations, homeowners’ associations, or similar organizations;
h) You will comply with all applicable restrictions and covenants that apply to the Accommodation Units listed by you; and
i) You have the authority to grant any rights in connection with any Accommodation listed by you to Guests.
Refund Policy 6.5 Once your listing is approved for the annual term, there are no refunds. A refund will only be provided if Your listing was never created.
7. GUEST-SPECIFIC PROVISIONS CONCERNING ORDERS
Access 7.1 As a Guest, You may use your User Account to:
a) review and select listings by Hosts, choose your desired Accommodation Units, duration, and other terms, and add them to your cart; and,
b) review, edit, confirm the items in your cart, send a booking request to a Host, and place an Order.
7.2 Travel Nurse Houses will send your offer to the Host.
Order details 7.3 It is your responsibility to ensure that all your Order details, including identity and other information is current, complete and accurate.
You acknowledge, warrant, and agree that Hosts may require valid government-issued photo identification(s) matching the name on the Order.
Order fulfilled by Host 7.4 For the avoidance of doubt, Travel Nurse Houses does not fulfil any Orders and will not be liable for any dealings between Hosts and Guests. Accommodation Units and other Host-related information on the Platform are content provided by the Host not Travel Nurse Houses.
7.5 All Users agree that Travel Nurse Houses has no control over the quality of the Accommodation Units and ancillary services listed by Hosts and will not be liable to any User for any defects or defaults in respect of an Order, including, without limitation, any problems regarding the availability, quality or suitability of Accommodation Units.
Host may decline 7.6 Hosts have the discretion whether or not to confirm Orders. Travel Nurse Houses requires Hosts to promptly communicate whether they accept or decline an offer for an Order. Travel Nurse Houses will notify the Guest as soon as reasonably practicable if the Host does not confirm an Order. Neither Travel Nurse Houses nor the Host will be liable to You for Orders that are not confirmed, are cancelled by you or by agreement between You and a Host, or that the Host has been unable or unwilling to fulfill.
Payments 7.7 Payments for Orders are to be arranged directly between You and the Host. Travel Nurse Houses will not participate in determining rates, receiving payments, or processing payments.
No cancellation 7.8 You will not be entitled to change or cancel your Order or to a refund except:
a) You request for a cancellation is because of an unforeseen contingency arising after the Order has been confirmed by the Host; or
b) where required by applicable law
Notwithstanding that You are not entitled to change or cancel your Order or to a refund except where required by applicable law, if You wish to amend or cancel your Order for a total or partial refund, You must contact your Host directly to arrange the refund.
Guest care 7.9 Travel Nurse Houses may but is not obligated to offer customer care support to attempt to resolve issues or misunderstandings among Users.
Travel Nurse Houses agent 7.10 Although the contract for the purchase of Orders is in all cases between the Guest and the Host, by placing an Order through the Platform, You irrevocably appoint and authorize us to act as your sole and exclusive agent for the purpose of concluding each contract between You and other Users. You consent to Travel Nurse Houses acting as agent for all Users.
Currency 7.11 Rates listed by Hosts on the Platform are in Canadian dollars and may not include applicable GST. GST and other service charges may be added by the Host.
Cash Orders 7.12 A Guest may pay for Orders, at the Host’s discretion, by cash directly to the Host.
7.13 Prices for listings and any other fees are subject to change at any time at the Host’s discretion.
8. CHANGES TO ORDERS
Users to agree changes 8.1 Except as set out in this Document, Users shall directly negotiate and agree the terms of any changes, modifications, or cancellations of Orders.
Cancellation fee 8.2 A Host may charge a cancellation fee as determined by the Host from time to time.
9. INTELLECTUAL PROPERTY
Reservation of IP rights 9.1 Except as expressly set forth in this Document, Travel Nurse Houses has not granted the User any license or rights to use any of its intellectual property, other proprietary rights, and any update, adaptation, translation, customization or derivative work relating to them. All rights not granted are expressly reserved.
Use restrictions 9.2 You may use Travel Nurse Houses content and other Users’ Contents for the Licensed Use only. If You print extracts from the Platform for your own personal, non- commercial use, You must not modify the digital or paper versions of such materials or use any graphics, pictures, photographs or videos separately from any accompanying text.
No copy etc 9.3 You shall not copy, modify, reverse-engineer, extract the source code of, distribute, sell or lease any part of the Platform software or related data.
Prohibitions 9.4 Travel Nurse Houses reserves the right to monitor User Content from time to time but You are solely responsible for all User Content posted, sent, published, or distributed by You on or in connection with the Platform. Without limiting the generality of the foregoing, your User Content shall not:
a) breach any applicable local, national or international law;
b) be unlawful or promote unlawful activity;
c) amount to unauthorized advertising;
d) contain any defamatory, obscene or offensive material;
e) promote violence or discrimination;
f) infringe the intellectual property or privacy rights of another person;
g) breach any legal duty owed to a third party;
h) suggest in any manner that it originates from Travel Nurse Houses; or
i) be fraudulent, used to impersonate another person or to misrepresent your affiliation with another person.
User Content 9.6 You grant Travel Nurse Houses a worldwide, non-exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform, display and otherwise use your User Content, in whole or in part and You represent and warrant that You have the power to grant the rights granted herein to any User Content that You submit.
Submissions 9.7 Travel Nurse Houses reserves the right to remove or edit at any time any Submissions or other User Content posted, uploaded or transmitted to the Platform that we determine breaches the restrictions in this Document or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any reason.
9.8 Any Submission on the Platform is for information purposes only and does not constitute advice from us or the opinions of Travel Nurse Houses. User Content may reflect the opinions of Guests who have ordered or Hosts who have listed through the Platform and any statements, advice or opinions provided by such persons are theirs only.
To the fullest extent permitted by applicable law, Travel Nurse Houses does not assume any responsibility or liability to any person for any User Content, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that You may encounter in any such materials.
Attributions 9.9 You acknowledge that Travel Nurse Houses may choose to provide attribution of your Submissions (for example, listing a date, User’s name and location on your Submissions) at Travel Nurse Houses’ discretion, and that such User Content may be visible to other Users and visitors to the Platform.
By providing a Submission You acknowledge and consent to Travel Nurse Houses using your given name in association with such Submission. Any Submission received may but is not required to be moderated before publishing to review its compliance with Travel Nurse Houses’ content guidelines.
Advertisers 9.10 If You elect to have any business dealings with anyone whose products or services may be advertised on the Platform, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Travel Nurse Houses will have no responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
Links to third parties 9.11 The Platform may provide links to third party websites and such links are provided solely for your convenience. If You use these links, You leave the Platform. Travel Nurse Houses has not reviewed and does not control any of these third-party websites and is not responsible for these websites or their content or availability. Travel Nurse Houses does not endorse or make any representation about these websites, their content, or the results from using such websites or content. If You decide to access any of the third-party websites linked to the Platform, You do so entirely at your own risk
9.12 Travel Nurse Houses reserves the right to prohibit or remove (or require You to remove) any link to the Platform.
11. REPRESENTATIONS, WARRANTIES & ACKNOWLEDGMENTS
11.1 You represent and warrant that:
Accurate information a) all information supplied by You on the Platform including information provided by You to create your User Account or in connection with your use of the Market Place Services is true, accurate, current and complete and that You will update such information from time to time.
b) you have full power and authority to enter into the agreements contained in this Document and perform your obligations herein; and,
c) you will comply with all applicable laws and regulations in your performance of the obligations set out in this Document.
11.2 You acknowledge and agree that:
Future changes to Agreement a) Travel Nurse Houses may, at any time, modify or supplement materials and documents referred to or incorporated into this Document or any information referenced via hyperlink (or the addresses where such information may be found). Such modifications shall become effective upon posting. Such modifications or supplements may be provided to You by electronic means and the continued use of the Platform after any such changes shall constitute Your consent to such changes.
Scope of services b) Travel Nurse Houses is a technology business and does not operate Accommodation Units or sell other listings or services other than the provision of the Platform.
Limited jurisdictions c) Travel Nurse Houses operates only in certain jurisdictions from time to time.
Download Providers may enforce d) Download Providers are not parties to this Document and will have no obligations with respect to the Platform but that notwithstanding, the Download Providers are beneficiaries of this Document and may enforce its provisions against You.
Download Providers not liable e) Download Providers are not responsible for addressing any end-user or third-party claims related to the Platform, including, but not limited to:
i) product liability claims;
ii) any claim that the Platform App fails to conform to any applicable legal or regulatory requirement; or,
iii) claims arising under consumer protection or similar law.
f) In the event of a third-party claim that the Platform or your possession or use of the Platform infringes on that third party’s intellectual property rights, as between Travel Nurse Houses and the Download Providers, Travel Nurse Houses will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
To indemnify and hold harmless 12.1 You shall indemnify, defend and hold harmless Travel Nurse Houses, its affiliates and their respective directors, officers, employees and agents (herein “the Indemnitees”) from and against any and all claims, damages, losses and expenses including legal fees and disbursements (herein collectively, “Losses”) on a full indemnity basis with respect to any third-party claim arising out of or related to:
a) your breach of this Document or any documents referenced herein;
b) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); or
c) your breach of or failure to perform in respect of any Orders made by or accepted by You or by any third party acting on your behalf or with your permission.
Incomplete or inaccurate content 13.1 While we attempt to ensure that information on the Platform is complete and accurate, we do not guarantee its accuracy or completeness. Travel Nurse Houses may make changes to the material on the Platform including listings and rates described on it, at any time without notice. The material on the Platform may be out of date, and Travel Nurse Houses makes no commitment to update content on the Platform.
13.2 Travel Nurse Houses will attempt to copy accurately and completely, item names, descriptions, rates, special offer information, and other information from the listings that are provided by Hosts. Hosts are responsible for providing such information and ensuring that it is accurate and up-to-date and Travel Nurse Houses does not undertake any such responsibility. If You are in doubt about any information relating to a listing on the Platform, You may, at your discretion, confirm with the Host directly before placing an Order.
Risk of malware etc 13.3 You view and download the Platform or its content at your own risk. Travel Nurse Houses does not guarantee or warrant that the Platform or its content are compatible with your device systems or that the Platform or its contents, or any links from the Platform or its content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifest contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your devices, and You are responsible for the entire cost of any service, repairs or connections of and to your devices that may be necessary as a result of your use of the Platform.
No guarantee of confidentiality 13.4 Travel Nurse Houses does not guarantee the confidentiality of any communications made by You through the Platform. Although Travel Nurse Houses generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Platform, You understand, agree and acknowledge that Travel Nurse Houses does not guarantee the security of data transmitted over the internet or public networks in connection with your use of the Platform.
As is 13.5 The Market Place Services, Platform and its content are provided “as is” and without warranty or condition of any kind. To the fullest extent permitted by law, Travel Nurse Houses disclaims all warranties, representations and conditions of any kind with respect to the Market Place Services, Platform and its content whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the Market Place Services, the Platform or its content are or will be error-free or will operate without interruption.
13.6 In no event will Travel Nurse Houses be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of revenue, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not Travel Nurse Houses is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the Market Place Services, the Platform or its content.
Not liable for defaults of other Users 13.7 Hosts offering Accommodation Units through the Platform are independent persons or organizations and not representatives, agents or employees of Travel Nurse Houses and Travel Nurse Houses shall not be liable for the acts, errors, omissions, representations, warranties, contractual breaches or negligence of any Hosts or for any personal injury, death, property damage, or other damages or expenses resulting therefrom and takes no responsibility whatsoever for the products or services offered by Hosts.
Limits of unavoidable liability 13.8 To the extent that the foregoing limitations do not apply, in no event will the total aggregate liability of the Travel Nurse Houses in connection with its provision of services including the Market Place Services or under this Document, including in connection with your use of, or inability to make use of, the Market Place Services, the Platform or its content exceed the lesser of:
a) the fees you paid to Travel Nurses in the preceding 3 months;
b) $100.00 (One Hundred Dollars).
Fair allocations 13.9 You acknowledge that the exclusions and limitations of liability set out in this Document reflect a fair allocation of risks, in the absence of which limitations, Travel Nurse Houses will not make the Platform or Market Place Services available to Users and will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
13.10 The foregoing disclaimers do not affect a Guest’s statutory rights against any Host.
14. DISPUTE RESOLUTION
14.1 Except to the extent restricted by applicable law, if there is any dispute or controversy between You and Travel Nurse Houses, including any dispute or controversy arising out of or relating to this Document, the Platform or Market Place Services, any interactions or transactions between You and Travel Nurse Houses, or in respect of any legal relationship associated with or derived from this Document, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of You or us, (each, a “Dispute”), a party will serve notice on the other party and all parties must use good faith efforts to resolve the Dispute informally.
14.2 Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, You agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be in Ottawa, Ontario or other location mutually agreed by the disputing parties, acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by the parties.
14.3 Except to the extent restricted by applicable law, You agree that disputing parties will resolve any Dispute on an individual basis. Any claim You may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and You will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against Travel Nurse Houses.
14.4 Nothing in this article will prohibit Travel Nurse Houses from seeking interim measures from a court, including preliminary or injunctive relief of breach of any intellectual property rights.
Termination for breach 15.1 Either party may terminate this Document in the event of a breach by any other party.
Electronic communication 16.1 You consent to being contacted by, and to receive and accept communications from Travel Nurse Houses and authorized partners, representatives, or affiliates (which may other Users) through various communication modes, including but not limited to email(s), SMS/text message(s), push notification(s), or call(s) to contacts, including telephone number(s) and social media profiles, provided to Travel Nurse Houses from time to time.
16.2 You agree to receive communications – including artificial or pre-recorded messages or automated systems, such as automatic telephone dialing systems – sent by or on behalf of Travel Nurse Houses on various subjects, including but not limited to:
a) operational or transactional communications, such as those concerning User Accounts;
b) promotions, advertising, and marketing;
c) news concerning the Platform and industry developments that affect the parties’ relationship; and
d) account verification communications.
and You acknowledge that you may incur costs for message and data rates which will be charged to You.
16.3 You are not required to consent to receiving marketing emails or texts messages as a condition of using the Platform and may unsubscribe from Travel Nurse Houses’ marketing email list or marketing texts.
Notice 16.4 Any notice, direction or other instrument required or permitted to be given under this Document shall be in writing and shall be sufficiently given if served personally by delivering same to the party to be served or its officer or may be given by registered mail with postage prepaid or by email or other electronic means, addressed to the party in writing at the most recent address(es) designated by that party from time to time.
16.5 A notice mailed as aforesaid, shall be deemed to have been received and to be effective on the fourth business day after the day it was mailed, provided however, that in the event of any interruption of normal mail service by strike or lockout or similar event, the notice shall be deemed to have been received by the seventh business day following restoration of normal mail service, and if emailed or sent by other electronic means, same shall be deemed to have been received and to be effective one business day following the day it was emailed or sent by any other electronic means.
17. FORCE MAJEURE
17.1 Any delay in or failure by Travel Nurse Houses in the performance of this Document shall be excused if and to the extent such delay or failure is caused by a Force Majeure Event.
18. GENERAL PROVISIONS
No other agreement with Guest 18.1 If You are a Guest, this Document contains the full and complete understanding and agreement between You and Travel Nurse Houses relating to the subject matter hereof and supersedes all prior and contemporary understandings and agreements, whether oral or written, relating such subject matter hereof.
18.2 Nothing in this Document shall be construed to create any joint venture, joint enterprise, or agency relationship between Travel Nurse Houses and any of the Users (except as may be specifically set forth herein), and no party shall have the right to enter into contracts on behalf of, to legally bind, to incur debt on behalf of, or to otherwise incur any liability or obligation on behalf of, the other party, in the absence of a separate writing, executed by an authorized representative of the other party.
18.3 Each party shall be solely responsible for its employees and contractors used in connection with this Document.
Assignment by Travel Nurse Houses 18.4 Travel Nurse Houses may subcontract or assign its rights and obligations under this Document without your consent.
Not to assign 18.5 You shall NOT assign this Document without the prior written consent of Travel Nurse Houses.
Successors 18.6 This Document shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.
No waiver 18.7 The failure of any party to enforce, at any time or for any period of time, the provisions hereof, or the failure of any party to exercise any option herein, shall not be construed as a waiver of such provision or option and shall in no way affect that party’s right to enforce such provisions or exercise such option.
Good faith 18.8 The parties shall carry out their respective obligations hereunder in good faith.
Counterpart and electronic execution 18.9 You may signify your acceptance of the terms contained in this Document by any electronic means, by execution of hard copies, in one or more counterparts each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same original instrument.
Exclusion of contra proferentem 18.10 The parties hereto have had sufficient opportunity to review and negotiate the terms of this Document prior to executing this Document, and this Document shall not be interpreted in favour of one party or against one party due to the fact that another party may have drafted this Document or a portion of it.
Agreed by the User electronically
this _ day of ___, _
2. COLLECTION AND USE OF PERSONAL DATA
What is collected at account set-up 2.1 Travel Nurse Houses collects your name, phone number, email address, a hashed password of your selection, the date and time of creating your User Account and the IP address and device identifier of the device used for creating your User Account.
Collection through third parties 2.2 You may register for a User Account through a third-party social media network, including Facebook, Instagram, Google or similar networks (“Social Media”). If You do so, You authorize us to access certain Social Media account information consistent with your Social Media privacy settings, including your name.
Use of information 2.3 Travel Nurse Houses uses the information it collects to administer your User Account, to enable your access to the Platform, verify your identity as a licensed User concerning any accounts, and to implement, carry out and maintain security measures aimed at protecting You and our other Users from identity theft, fraud and unauthorized access to User Accounts.
2.4 Travel Nurse Houses may offer You the opportunity to engage with Travel Nurse Houses or its content on or through Social Media. When You engage with us through Social Media websites, plug-ins and applications, You may allow us to have access to and disclose certain information associated with your Social Media account (e.g., name, username, email address, profile picture) to deliver content or as part of the operation of the website, plug-in or application.
What is collected when orders are placed 2.5 Travel Nurse Houses collects information relating to any orders You place on the Platform, including the IP address and location of the device used to place the order to help protect against theft, fraud and unauthorized access to your User Account, and certain payment information using the secure services of our Payment Processors.
Payment information 2.6 Payment operations are outsourced to our Payment Processors and we do not store your credit card or other payment accounts information in our systems other than the first four and last four digits of the credit card number.
Gift cards 2.7 When You purchase a gift card for use on the Platform, your payment card information (including payment card number, security code, expiration date, cardholder name and billing address) is transmitted using the secure services of our Payment Processors for the purposes of processing your payment. Travel Nurse Houses also collects the gift card recipient’s email address and any information contained in the message to the recipient. Travel Nurse Houses uses this information to deliver and manage the gift card.
Order information 2.8 Travel Nurse Houses may collect your order history including the date, time, cost, physical address, method of purchase, and order details. Travel Nurse Houses use this information to ensure that your order has been completed and to improve our service offerings.
Reviews 2.9 Travel Nurse Houses may offer You the opportunity to submit a review of Hosts or Guests on the Platform. When your review is published, the results may be made available to Guests or Hosts in appropriate circumstances. You also consent to us using such reviews in any marketing or advertising materials.
Marketing communication 2.11 You agree that we may use your Personal Data to let You know about our other events, products and services that may be of interest to You including services that may be the subject of direct marketing. Travel Nurse Houses may contact You by telephone, SMS/MMS and email and if You use our mobile application, via push notification. It is always your choice whether to receive or to continue receiving such marketing materials and updates from Travel Nurse Houses. Travel Nurse Houses will not send You any direct marketing communications unless You have separately consented to receive such communications, or such consent has been deemed to have been given under applicable law. If You no longer wish to receive direct marketing communications, You can opt-out using the unsubscribe mechanism in the marketing communication itself (e.g. by clicking the unsubscribe link at the bottom of an email or by replying with the word “STOP” to an SMS/MMS or by following other provided instructions). To manage push notifications, go to the settings page of your phone or tablet and change the push notification permission for the Travel Nurse Houses app. If You switch off in-app push notifications, You will no longer receive updates on your orders via push.
Referrals 2.12 The referral, “share” and other similar features on the Platform permit You to send an email to other individuals that may be interested in Travel Nurse Houses. This feature may require You to submit your name and email address, as well as the name and email address of the recipient. Travel Nurse Houses does not use the names or email addresses submitted in these circumstances for any other purpose without the consent of You or the email recipient to do so. It is your responsibility to ensure that You only submit email addresses of individuals with whom You have a personal or family relationship and who would want to receive the message.
Job inquiries 2.13 In connection with a job application or related inquiry, You may provide us with Personal Data including a resume, cover letter, or similar employment-related materials. This information will be used for the purposes of processing and responding to your application for current and future career opportunities, and to manage any ongoing working relationship.
Host inquiries 2.14 You may apply to become a Host on the Platform by providing us with your name, phone number, email address, physical address as well as other information and materials we may request as part of your application. In most instances, this information would be considered business contact information rather than Personal Data. Travel Nurse Houses uses this information for the purpose of processing and responding to your application, and to manage any ongoing relationship with Guests and other parties.
Surveys 2.15 From time to time, Travel Nurse Houses may offer You the opportunity to participate in one of our surveys or other research, or to provide feedback regarding your order or experience with Travel Nurse Houses. The information obtained through our surveys and research is used in an aggregated, non-personally identifiable form to help us understand users of the Platform and to enhance our product and service offerings.
Promotions 2.16 When You enter a contest or participate in a promotion, Travel Nurse Houses may collect your name, address, phone number, email address, and other information You provide. This information is used to administer your participation in the contest or promotion.
General contacts 2.17 When You contact us with a comment or question, we collect the information You provide such as your name and email address, along with additional information that we may need to help us promptly respond to your inquiry. Travel Nurse Houses retains this information to assist You in the future and to improve our customer service and service offerings. Travel Nurse Houses also uses Personal Data to establish and manage our relationship with You and provide quality service. Travel Nurse Houses may record voice calls for training and quality purposes.
What a cookie is 3.1 A cookie is a tiny element of data that the Platform can send to your browser, which may then be stored on your web browser or mobile device so we can recognize You when You return. The information that cookies collect includes the date and time of your visit, your registration information, session identification number, and your navigational history and preferences.
To learn more about Interest-Based Advertising, or to opt out of online interest-based advertising from a list of companies participating in the Digital Advertising Alliance of Canada at any time, visit http://youradchoices.ca/choices.
To learn more about Interest-Based Advertising in mobile apps and to opt out of this type of advertising by third-party advertising companies that participate in the DAAC’s AppChoices tool, please download the version of AppChoices for your device at https://youradchoices.ca/appchoices/.
Opting out of Interest-based advertising 3.6 On your mobile device, You may also have a “Limit Ad Tracking” setting (in iOS devices) or a setting to “Opt-out of Interest-Based Ads” (on Android), which allows You to limit the use of information about your use of apps for purposes of serving ads targeted to your interests.
Note that, even if You opt out of interest-based advertising, You may continue to receive ads from us, but they will not be served using interest-based information about You. Also, to successfully opt out, You must have cookies enabled in your web browser. If your browser is configured to reject cookies when You visit these opt-out webpages, or You subsequently erase your cookies, use a different device or web browser, your opt-out instruction may not, or may no longer, be effective. Your opt-out selections only apply to the web browser You use so You must opt out of each web browser on each device that You use. Once You opt out, if You delete your browser’s saved cookies, You may need to opt out again.
Custom audience ads 3.7 Travel Nurse Houses may also use services provided by third-party platforms (such as social media and other websites) to serve targeted advertisements on such platforms to You or others, and we may provide a hashed version of your email address or other information to the platform provider for such purposes.
To opt out of the use of your information for such purposes, please contact us at ______.
Note that, even if You opt out of custom audience ads, You may continue to receive ads from us, but they will not be served using Custom Audience Ads.
Travel Nurse Houses may use Social Media, or other third parties, to serve Custom Audience Ads on their platforms. You may be able to set your preferences for advertisements through your account settings on the platforms.
Location of servers 3.8 The Personal Data You provide to us will be held on our servers which may be in Canada, the United States, or Ireland. In addition, your Personal Data may be accessed by or given to our staff working outside Canada or to third parties including our subsidiaries, holding companies, and affiliates, who act for us for the purposes set out in this policy or for other purposes notified to You.
Compelled disclosures 3.13 Travel Nurse Houses may use the Personal Data that You provide to us if we are under a duty to disclose or share your Personal Data in order to comply with (or where we believe we are under a duty to comply with) any applicable legal obligation; or in order to enforce the General Terms and Conditions and any other agreement we have with You. This includes exchanging Personal Data with other persons and organizations for the purposes of fraud protection and prevention. Travel Nurse Houses and our service providers may use or disclose your Personal Data in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise required or permitted by applicable law or legal process. Your Personal Data may also be used or disclosed where necessary or desirable for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.
4. DATA PROTECTION
Data protection measures 4.1 Travel Nurse Houses implements administrative, technical and physical measures to protect your Personal Data from unauthorized access and against unlawful processing, accidental loss, destruction and damage. Travel Nurse Houses restrict access to your Personal Data to Travel Nurse Houses personnel and authorized service providers who require access to fulfill their job requirements.
No guarantees of security on internet 4.3 The transmission of information via the internet is not completely secure. Although we will take steps to protect your Personal Data, we cannot guarantee the security of your Personal Data or other data transmitted to the Platform. Any transmission is at your own risk. Once we have received your Personal Data, we will use organizational and technical safeguards to try to prevent unauthorized access.
5. YOUR RIGHTS AND ENTITLEMENTS
Corrections and updates 5.1 You have the right to access, update and correct inaccuracies in your Personal Data in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies in other Personal Data we have in our custody or control by emailing or writing to us at the contact information set out below. Travel Nurse Houses may request certain Personal Data for the purposes of verifying the identity of the individual seeking access to their Personal Data records and may restrict access to Personal Data as required or permitted by applicable law or legal process.
Modifications and withdrawals of consent 5.2 You may withdraw or modify your consent to any ongoing and future collection and use of Personal Data at any time, subject to legal and contractual restrictions, provided that reasonable notice is given to us. If You withdraw your consent to receive information regarding certain products, publications, services or events being offered by Travel Nurse Houses, You will no longer receive those types of communications.
SCHEDULE OF PROMOTIONS MARKETING ETC
Travel Nurse Houses may amend at any time 1.1 Travel Nurse Houses reserves the right, at any time and in our sole discretion, to add to or amend the General Terms and Conditions (including this schedule) in relation to the use of promotional vouchers, gift cards, or referral programs or to vary or terminate the operation of a any of them at any time without notice.
Platform only 2.1 Promotional Vouchers may only be redeemed towards Orders on the Platform and may not be applied to taxes or other specific items, fees, charges as determined from time to time by us.
Specific terms of Vouchers vary 2.2 Promotional Vouchers may have a specific dollar amount, may provide a percentage-based discount, or may have other effects (such as making a charitable donation). The particular terms of a Promotional Voucher (for example, the amount of any dollar or percentage discount, number of times the Promotional Voucher can be used, expiry date, area Promotional Voucher can be used) any other rules that may apply are described in the information accompanying or in conjunction with the Promotional Voucher (for example, the social media post or advertisement where the Promotional Voucher was posted.
Expiration 2.3 Promotional Vouchers must be used in conjunction with a User Account. Promotional Vouchers must be applied to an online Order by no later than the deadline specified on the Promotional Voucher and will expire if not applied by this time. If the Promotional Voucher provides for a discount on an Order, an amount determined by the rules of the Promotional Voucher will be credited to the Order to which the Promotional Voucher is applied.
Personal rights 2.4 The right to use a Promotional Voucher is personal to the original recipient and may not be transferred. No Promotional Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. For greater certainty, Promotional Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a “bargains” website, are not valid for use and may be refused or canceled.
Not to be combined 2.5 Promotional Vouchers may not be used in conjunction with other vouchers or any other discounts or promotions provided or advertised from time to time unless otherwise stated.
No cash value 2.6 Promotional Vouchers may not be exchanged, redeemed, or refunded for cash, and may not be transferred or assigned.
2.7 Travel Nurse Houses will not be liable to You, any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Promotional Voucher or any failure or inability of a customer or household to use a Promotional Voucher for any reason.
3. GIFT CARDS
3.1 Travel Nurse Houses may grant You credit toward eligible purchases as set out in these terms (“Eligible Purchases”) in the form of Travel Nurse Houses gift cards (“Gift Cards”) or Travel Nurse Houses credit (“Travel Nurse Houses Credit”). When You purchase a Gift Card, You are purchasing credit toward Eligible Purchases in a particular dollar amount and currency that is stored in an electronic form and linked to a unique gift card claim code (“Claim Code”). To use a Gift Card, You must have a User Account, log in to your User Account, and apply the Gift Card to your User Account by entering the Claim Code on the Platform. Travel Nurse Houses Credit is credit toward Eligible Purchases in a particular dollar amount that is associated with a unique User Account. The value of Travel Nurse Houses Credit including credit from Gift Cards applied to your User Account is referred to as your “Travel Nurse Houses Credit Balance”. When You apply a Gift Card to your User Account, your Travel Nurse Houses Credit Balance will be credited by the dollar value of the Gift Card, and the value associated with the Claim Code will be reduced to zero. From time to time, Travel Nurse Houses may also issue Travel Nurse Houses Credit to You for other purposes (for example, to refund a purchase that You have made). Your Travel Nurse Houses Credit Balance includes the total remaining balance of all Travel Nurse Houses Credit that has been applied to your User Account by way of Gift Card or otherwise, but not yet applied to a purchase. To check your Travel Nurse Houses Credit Balance, log in to your User Account. To check the balance of a Gift Card before it has been applied to a User Account, simply review the email or other document in which You received the Gift Card, where the face value will be printed.
3.2 The Eligible Purchases that You may purchase using Gift Cards and Travel Nurse Houses Credit consist of Goods, including all fees and costs on the Order for those Goods which You are permitted to purchase in accordance with this Document. Travel Nurse Houses reserves the right to restrict the use of Gift Cards and Travel Nurse Houses Credit to comply with applicable law. Gift Cards and Travel Nurse Houses Credit cannot be used to purchase anything other than Eligible Purchases and must be used in the currency in which they were paid or credited for.
3.3 When You make a purchase from your User Account using Travel Nurse Houses Credit (including Travel Nurse Houses Credit from a Gift Card), the value of the Travel Nurse Houses Credit that You use for that purchase will be deducted from your Travel Nurse Houses Credit Balance. As long as You are only purchasing Eligible Purchases, You may use Travel Nurse Houses Credit to pay for all fees and costs on your Order, including but not limited to the cost of Order, and taxes. Any unused Travel Nurse Houses Credit Balance will remain associated with your User Account. If the cost of an Order exceeds your Travel Nurse Houses Credit Balance, the remaining amount must be paid with another payment method.
3.4 Gift Cards and Travel Nurse Houses Credit do not expire. There are no fees associated with purchasing, using, or redeeming Gift Cards or Travel Nurse Houses Credit.
3.5 Gift Cards and Travel Nurse Houses Credit cannot be resold (except with the express written permission of Travel Nurse Houses), used for payment outside the Eligible Purchases, transferred for value, returned for a cash refund, or redeemed for cash, except to the extent required by applicable law. Gift Cards cannot be reloaded. No portion of your Travel Nurse Houses Credit Balance may be transferred to another User Account or otherwise assigned or transferred to another person. Travel Nurse Houses Credit cannot be used in conjunction with Cash Orders.
3.6 The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. Travel Nurse Houses is not responsible if any Gift Card is lost, stolen or destroyed, if your Travel Nurse Houses Credit Balance or any Gift Card is used without your permission, or if You lose access to your User Account or any Travel Nurse Houses Credits.
3.7 Gift Cards and Travel Nurse Houses Credit may be subject to any additional terms and conditions that will be specified in connection with the specific Gift Card and Travel Nurse Houses Credit grant.
3.8 Travel Nurse Houses has the right to void Gift Cards or Travel Nurse Houses Credit, close User Accounts and bill alternative forms of payment if it suspects that a Gift Card is obtained, used or applied to a User Account (or Travel Nurse Houses Credit is applied to a purchase) fraudulently, unlawfully or otherwise in violation of this Document, or in a manner that abuses the Platform.
4. REFERRAL CREDIT
Referral programs 4.1 If You are a User Account holder, You may be entitled to voluntarily participate in a referral program which may be established by Travel Nurse Houses from time to time acting in its sole discretion (the “Referral Program”). A unique alphanumeric code may be assigned to your User Account, referred to as your personalized referral code (“Referral Code”). To participate in the Referral Program, You will refer persons in your social circles who have never placed an order with us (“Friends”) and invite them to use the Platform with your Referral Code.
Use 4.2 You may earn Travel Nurse Houses credit (“Referral Credit”) in the amount we determine from time to time once the person you refer (“Referred User”) has completed an eligible order on the Platform (“Eligible Order”). Criteria for Eligible Orders is determined in our sole discretion from time to time. Referral Credit will be applied automatically against your item subtotal on your next Order paid by means other than cash, up to and including the item subtotal before taxes. If any credit happens to remain after being applied to an Order, that credit will remain on your account.
Expiry 4.3 Referral Credits are subject to expiration and must be used within the timeframe, if stated or otherwise determined by us from time to time. The amount of Referral Credits earned and redeemed are subject to change at any time at Travel Nurse Houses’ sole discretion.
Restrictions 4.4 The Referral Code may only be used for personal and non-commercial purposes. Public distribution or promotion of referral codes is not permitted including social media. You are not allowed to misrepresent your relationship with Travel Nurse Houses or with the Market Place Services to any third parties, and You will not make any warranty or representation on behalf of Travel Nurse Houses. You are not allowed to refer yourself or members of your household for the purposes of earning Referral Credit.
4.5 Travel Nurse Houses reserves the right, at its sole discretion, to deactivate your User Account and revoke the Referral Credits of any User who it finds or believes to be earning or using Referral Credits against the terms of this Document, or who is manipulating or abusing the Market Place Services or the Platform.