Plextell Terms of Service

Plextell is a technology marketplace designed to connect people seeking furnished accommodations generally for stays of approximately 30 days to 12 months (“Renters”) with property owners, landlords, property managers, tenants with lawful authority to sublet, and other authorized accommodation providers (“Hosts”).

Plextell may provide tools for:

• discovering and listing accommodations;
• submitting and managing booking requests;
• identity or account verification;
• communication between Hosts and Renters;
• electronic agreements;
• payment collection and payouts;
• booking administration;
• customer support; and
• other services that we may introduce from time to time.

Except where Plextell expressly states otherwise in writing, Plextell does not own, lease, control or manage properties listed on the Platform.

Plextell is not a landlord or tenant under a Stay Agreement merely because a booking was made through the Platform.

Plextell is not a real estate broker, legal advisor, insurance provider, guarantor or property manager unless a particular service is expressly identified as such and provided in accordance with applicable law.

Housing and tenancy laws vary by jurisdiction.

A booking described on the Platform as a “stay,” “booking,” “rental,” “guest stay,” “medium-term rental,” “licence,” or similar arrangement may legally constitute a residential tenancy depending on the location, circumstances, duration and applicable law.

Nothing in these Terms is intended to:

• waive rights that cannot legally be waived;
• avoid the application of residential tenancy legislation;
• create an exemption from rent-control, eviction, deposit, maintenance or other housing laws;
• replace a government-mandated residential lease where one is required; or
• authorize a Host or Renter to violate applicable law.

Where residential tenancy legislation applies, that legislation prevails over any inconsistent provision of these Terms or any agreement generated through the Platform.

For properties in Ontario, Hosts and Renters acknowledge that the Residential Tenancies Act, 2006 may apply and that the Ontario Standard Form of Lease may be required for covered residential tenancies.

Plextell may provide digital document tools or templates for convenience. Unless expressly stated otherwise, Plextell does not determine whether a particular occupancy is legally a tenancy, licence, vacation accommodation, sublet or other arrangement.

Hosts are responsible for determining which legal form is required for their property and booking.

You must be legally capable of entering into a binding contract to create an account or make a booking.

Unless applicable law provides otherwise, you must be at least 18 years old.

If you create an account or use the Platform on behalf of a company or other organization, you represent that you have authority to bind that organization.

A Host must have the legal authority to offer the listed accommodation.

This may mean that the Host is:

• the property owner;
• a lawful landlord;
• an authorized property manager;
• a tenant legally permitted to sublet or otherwise provide occupancy; or
• another person legally authorized to offer the accommodation.

Plextell may request evidence of such authority.

You must provide accurate, current and complete information when creating and maintaining your account.

You are responsible for:

• keeping your login credentials secure;
• activities performed through your account;
• promptly updating inaccurate information; and
• notifying Plextell if you believe your account has been compromised.

You may not transfer, sell or provide access to your account to another person without our permission.

We may require additional verification before permitting certain Platform activities.

To help promote trust and safety, Plextell may require Hosts and/or Renters to complete verification.

Verification may include:

• email verification;
• telephone verification;
• government-issued identification;
• identity-document verification;
• selfie or liveness verification;
• address verification;
• payment-method verification;
• property ownership or authorization documentation;
• business verification;
• fraud screening; or
• other reasonably necessary verification.

Verification may be performed by Plextell or a third-party verification provider.

A verification badge or status means only that specified verification steps were completed. It is not a guarantee of a person’s identity, character, financial condition, property ownership, reliability or future conduct.

You may not submit false, altered, stolen or misleading documents.

Hosts are responsible for the content and legality of their Listings.

A Host must ensure that each Listing:

• accurately describes the accommodation;
• contains current photographs and information;
• accurately states the location and material characteristics;
• identifies material restrictions;
• accurately states rent and mandatory charges;
• states applicable house rules;
• accurately states availability;
• discloses material safety or habitability issues;
• complies with applicable housing, zoning, condominium, licensing, tax and other laws; and
• does not contain false, deceptive or discriminatory statements.

Hosts may not list accommodations they are not legally permitted to offer.

Plextell may request supporting documentation or remove a Listing at any time where we reasonably believe the Listing is inaccurate, unlawful, unsafe or inconsistent with these Terms.

Hosts and Renters must comply with applicable human-rights and anti-discrimination laws.

Where Ontario law applies, housing decisions must not unlawfully discriminate on grounds protected by the Ontario Human Rights Code.

A Host may apply lawful, objectively relevant screening criteria, such as permitted financial or rental-history criteria, but may not use the Platform to engage in unlawful discrimination.

Plextell may suspend or terminate accounts where we reasonably believe discriminatory conduct has occurred.

A Renter may submit a request to stay at a listed property.

Submitting a request does not necessarily create a confirmed booking.

A booking becomes confirmed only after the applicable acceptance, verification and payment requirements shown during the booking process have been completed.

Before confirming a booking, Plextell will endeavor to display material transaction information, which may include:

• property;
• Host;
• occupancy dates;
• rent;
• Plextell fees;
• taxes, where applicable;
• other mandatory charges;
• currency;
• cancellation rules;
• payment schedule;
• material Listing restrictions; and
• other applicable conditions.

Users are responsible for reviewing the information and correcting errors before confirming the transaction.

A confirmed booking may require a separate agreement between the Host and Renter (“Stay Agreement”).

The Host and Renter — not Plextell — are the parties to the Stay Agreement unless Plextell expressly states otherwise.

The Stay Agreement may contain information concerning:

• parties;
• property;
• occupancy period;
• rent;
• payment schedule;
• permitted occupants;
• utilities;
• furnishings;
• house rules;
• maintenance obligations;
• lawful deposits;
• check-in and move-out;
• cancellation or termination rights; and
• other terms permitted by applicable law.

Where applicable law requires a prescribed form of residential tenancy agreement, that prescribed form must be used.

A Plextell-generated template does not override mandatory legislation.

You consent to conducting transactions electronically.

To the extent permitted by law, you agree that:

• clicking an acceptance button;
• checking an agreement box;
• typing your name;
• applying an electronic signature; or
• otherwise electronically indicating acceptance

may constitute your signature and agreement.

Plextell may maintain electronic records showing acceptance, timestamps, account information and transaction information.

Where required, a copy of an agreement or transaction record may be delivered electronically to the email address associated with your account or otherwise made available in a form you can retain.

Hosts determine the rent or accommodation price unless otherwise stated.

Plextell may charge service, booking, payment or other fees.

All mandatory charges payable through Plextell will be disclosed before the applicable transaction is completed where required by law.

Fees may vary based on the transaction, market, payment method or service.

The currency applicable to a transaction will be shown before confirmation.

Except where required by law or expressly stated otherwise, Plextell fees are earned for providing Platform services associated with the applicable transaction.

Payments may be processed by Plextell and/or third-party payment service providers.

By providing a payment method, you authorize the applicable payment provider to charge amounts you have agreed to pay, including:

• rent;
• Plextell fees;
• taxes;
• lawful deposits;
• approved extensions;
• authorized additional charges; and
• other amounts clearly disclosed and accepted by you.

You agree to maintain a valid payment method where required.

Payment providers may impose their own terms and privacy policies.

Plextell does not generally store complete payment-card numbers where payment processing is handled by a third-party processor.

Where Plextell provides payout functionality, Hosts authorize Plextell and its payment provider to collect payments associated with confirmed bookings and distribute amounts due to the Host, less applicable:

• Platform fees;
• payment-processing amounts;
• taxes;
• refunds;
• chargebacks;
• offsets; and
• other amounts authorized under these Terms or the transaction.

The timing of payouts may depend on payment processing, verification, fraud review, banking networks and the applicable booking.

Plextell may delay a payout where reasonably necessary to investigate suspected fraud, a payment dispute, account compromise or violation of these Terms.

Deposits are permitted only where lawful.

The availability of a deposit feature on the Platform does not mean a particular type or amount of deposit is legally permitted.

Hosts are solely responsible for ensuring that any requested deposit complies with local law.

For example, where the Ontario Residential Tenancies Act applies, restrictions apply to security deposits and other additional charges. A Host must not use Plextell to collect a prohibited damage deposit, security deposit, fee or other unlawful charge.

Where a rent deposit is legally permitted, its collection, use, interest and return must comply with applicable law.

Plextell may disable or limit deposit functionality in jurisdictions where required.

Users are responsible for determining their applicable tax obligations unless applicable law requires Plextell to calculate, collect, withhold or remit a tax.

Taxes may include, depending on the jurisdiction and transaction:

• sales taxes;
• harmonized sales tax;
• goods and services tax;
• income taxes;
• accommodation taxes;
• municipal taxes; or
• other governmental charges.

Where Plextell is legally required to collect or remit a tax, the applicable amount may be added to the transaction.

Hosts remain responsible for income-reporting obligations applicable to amounts earned through the Platform.

The cancellation policy applicable to a booking will be displayed before confirmation and forms part of the transaction.

Cancellation rights may differ based on:

• property;
• Host;
• booking stage;
• time remaining before occupancy;
• reason for cancellation;
• applicable law; and
• exceptional circumstances.

Nothing in a cancellation policy limits a cancellation or refund right that cannot legally be waived.

Where consumer-protection legislation gives a Renter additional rights, those rights continue to apply.

Hosts should not cancel confirmed bookings except where reasonably necessary or legally permitted.

Where a Host cancels, Plextell may:

• refund amounts paid through the Platform;
• assist the Renter in finding another property;
• restrict the Host’s Listing;
• charge a fee where permitted and previously disclosed;
• reduce account visibility;
• suspend the Host; or
• take other reasonable measures.

Any relocation assistance is subject to availability and is not guaranteed.

Changes to a confirmed booking, including changes to dates, occupants or price, must be accepted through the Platform or otherwise documented by the parties.

An extension may create additional legal rights or obligations, including residential tenancy rights.

Users are responsible for ensuring modifications comply with applicable law.

Hosts are responsible for providing accommodations in the condition promised and in compliance with applicable health, safety, building, fire, maintenance and housing laws.

Nothing in these Terms transfers a landlord’s non-waivable maintenance or habitability obligations to Plextell or to a Renter.

Renters should promptly report material problems to the Host and, where appropriate, to Plextell.

Emergency conditions should be reported to the appropriate emergency or governmental authorities.

Renters must:

• use the accommodation lawfully;
• comply with lawful terms of the Stay Agreement;
• respect the property;
• avoid intentional or negligent damage;
• avoid unlawful activity;
• avoid unreasonable interference with neighbours or other occupants;
• accurately disclose required occupants where legally permitted;
• follow applicable condominium or building rules; and
• pay amounts legally due.

Nothing in this section imposes an obligation inconsistent with applicable residential tenancy law.

Hosts must:

• have authority to offer the property;
• comply with applicable landlord and housing obligations;
• honour confirmed bookings and lawful agreements;
• provide required disclosures;
• comply with applicable deposit rules;
• maintain the property where required;
• comply with lawful entry and privacy requirements;
• comply with eviction and termination procedures;
• avoid unlawful self-help eviction;
• respect applicable human-rights obligations; and
• comply with applicable tax, licensing, condominium and municipal requirements.

A Platform suspension or account termination does not give a Host the right to unlawfully terminate an existing tenancy or occupancy.

You may not:

• commit fraud;
• misrepresent your identity;
• impersonate another person;
• list a property without authority;
• falsify verification documentation;
• use stolen payment information;
• unlawfully discriminate;
• threaten or harass another user;
• engage in unlawful surveillance;
• access another user’s account without authorization;
• scrape or harvest Platform data without authorization;
• introduce malware or malicious code;
• interfere with Platform security;
• circumvent reasonable account restrictions;
• use the Platform for unlawful activities;
• misrepresent fees, property characteristics or availability;
• manipulate reviews;
• abuse payment disputes or chargebacks;
• infringe intellectual-property rights; or
• encourage another person to violate these Terms.

Plextell may provide messaging functionality.

Users should keep material booking communications on the Platform where possible so that there is an accurate transaction record.

Plextell may access communications where reasonably necessary for:

• customer support;
• fraud prevention;
• trust and safety;
• dispute resolution;
• enforcement;
• legal compliance; or
• Platform security,

subject to our Privacy Policy and applicable law.

Plextell may allow users to review a property, Host or Renter.

Reviews must reflect genuine experiences and must not contain:

• knowingly false information;
• threats;
• discriminatory content;
• unlawful personal information;
• extortion;
• manipulated ratings; or
• prohibited content.

Plextell may moderate or remove reviews that violate these Terms.

You retain ownership of photographs, descriptions, reviews and other content you submit to Plextell (“User Content”).

You grant Plextell a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, format and distribute User Content as reasonably necessary to:

• operate the Platform;
• display Listings;
• promote your Listing where applicable;
• provide customer support;
• improve Platform functionality; and
• protect users.

You represent that you have the necessary rights to submit the User Content.

The Platform, including its software, design, trademarks, branding, databases, graphics, text and other proprietary materials, is owned by or licensed to Plextell.

Except as expressly permitted, you may not copy, modify, reverse engineer, sell, sublicense, reproduce or commercially exploit Plextell intellectual property.

The Platform may integrate with services provided by third parties, including payment processors, identity-verification providers, mapping services, analytics providers, communication providers and hosting providers.

Plextell is not responsible for a third party’s independent services, except to the extent required by law.

Your use of those services may be subject to separate terms.

Plextell may use verification and trust-and-safety tools, but no verification process can eliminate all risk.

Users are responsible for exercising reasonable judgment.

Plextell does not guarantee:

• the conduct of any user;
• that a user will comply with an agreement;
• the physical condition of every property;
• the absence of criminal activity;
• the financial condition of a Host or Renter; or
• the accuracy of information that cannot reasonably be independently verified.

A Renter may be responsible for property damage to the extent provided by applicable law and the applicable Stay Agreement.

Hosts must not seek reimbursement for:

• ordinary wear and tear;
• pre-existing damage;
• amounts prohibited by law;
• unsupported claims; or
• losses for which the Renter is not legally responsible.

Plextell may provide tools to facilitate communication about a claim but is not required to adjudicate legal responsibility unless expressly stated.

Any optional protection or insurance program offered by Plextell will be governed by separate terms.

Plextell may restrict, suspend or terminate Platform access where reasonably necessary because of:

• fraud;
• safety risks;
• unlawful activity;
• material breach of these Terms;
• repeated payment failures;
• false verification information;
• discrimination;
• serious complaints;
• account compromise;
• regulatory requirements; or
• risk to users or the Platform.

Where reasonable, we may give notice and an opportunity to respond.

Immediate action may be taken where necessary for safety, fraud prevention or legal compliance.

Termination of a Plextell account does not automatically terminate a tenancy or other legal relationship that cannot lawfully be terminated in that manner.

We may modify or discontinue features of the Platform.

We do not guarantee uninterrupted or error-free availability.

We may perform maintenance, updates and security changes from time to time.

Where legally required, material changes affecting an existing paid transaction will not retroactively remove rights already acquired by a consumer.

To the maximum extent permitted by applicable law, the Platform is provided on an “as available” basis.

Plextell does not warrant that:

• every Listing is error-free;
• every user will perform their obligations;
• every property will meet a user’s subjective expectations;
• availability will always be uninterrupted; or
• verification will identify every fraudulent or unsafe user.

Nothing in this section excludes a warranty, condition, guarantee or consumer right that cannot legally be excluded.

To the maximum extent permitted by law, Plextell will not be liable for indirect, incidental, special, exemplary or consequential damages arising from use of the Platform.

Where permitted by law, Plextell’s aggregate liability arising from Platform services will not exceed the greater of:

1. the amount of Plextell service fees paid by the claimant to Plextell in connection with the transaction giving rise to the claim; or
2. CAD $500.

This limitation does not apply where liability cannot legally be limited, including where applicable law provides otherwise.

Nothing in these Terms limits liability for fraud, wilful misconduct or other liability that cannot legally be excluded.

To the extent permitted by law, you agree to indemnify and hold harmless Plextell and its directors, officers, employees and agents from third-party claims arising directly from:

• your material breach of these Terms;
• your unlawful conduct;
• your Listing;
• your infringement of another person’s rights; or
• your failure to comply with laws applicable to you.

This provision does not require a consumer to indemnify Plextell for Plextell’s own negligence, unlawful conduct or obligations that cannot legally be transferred.

Nothing in these Terms is intended to restrict rights available under mandatory consumer-protection legislation.

Where applicable law provides a consumer with a cancellation, refund, disclosure, legal-remedy or other non-waivable right, that law prevails.

You consent to receive transactional electronic communications relating to:

• your account;
• verification;
• bookings;
• agreements;
• payments;
• security;
• support;
• policy changes; and
• other service-related matters.

Transactional communications may be necessary to provide the Platform.

Marketing communications are governed separately and may require consent under applicable law.

You can unsubscribe from marketing communications without disabling essential transactional communications.

We may update these Terms to reflect changes to:

• the Platform;
• law;
• regulation;
• security requirements; or
• business operations.

We will provide notice of material changes where required.

Changes will not retroactively alter completed transactions where doing so would violate applicable law.

The effective date at the top of these Terms indicates the latest revision.

Subject to mandatory laws that apply based on a user’s residence or property location, these Terms and your relationship with Plextell are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Any dispute with Plextell may be brought before a court of competent jurisdiction in Ontario, subject to any mandatory consumer right to bring proceedings elsewhere.

Nothing in these Terms requires a consumer to waive a statutory right to pursue a claim before a court, tribunal or regulator where such a waiver is prohibited.

Disputes concerning a tenancy or property may be subject to the law and tribunal or court jurisdiction of the place where the property is located.

To the extent permitted by law, Plextell will not be responsible for delay or failure caused by events outside its reasonable control, such as:

• natural disasters;
• severe weather;
• war;
• civil disturbance;
• government action;
• widespread network failure;
• labour disruption;
• banking-system outages; or
• infrastructure failures.

This section does not remove rights that cannot legally be waived.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect to the extent permitted by law.

Failure by Plextell to enforce a provision on one occasion does not waive its right to enforce that provision later.

You may not assign your rights or obligations under these Terms without our consent except where applicable law permits otherwise.

Plextell may assign these Terms as part of a merger, acquisition, corporate restructuring or sale of substantially all relevant assets, subject to applicable law.

These Terms, the Privacy Policy, the information disclosed at the time of a transaction and any policies or additional terms expressly incorporated into a transaction constitute the agreement between you and Plextell concerning use of the Platform.

A separate Stay Agreement governs the legal relationship between Host and Renter for a particular property.

• Plextell
• Operated by: HIVRONIX, Inc.
• Email: support@30andliving.com

Questions regarding these Terms may be sent to the email address above.