Terms + Conditions
Last Update: May 11, 2021
Please read these terms and conditions of use as set out below (the “Terms”) carefully before using the findarcana.com web site or the arcana mobile application (collectively, the “Service”). These Terms govern your access to and use of this Service and any reservations (each, a “Reservation”) to visit and occupy the buildings available on the Service (each, a “Site”), including the messages, information, data, text, software, images and other content that make up this site (the “Content,” which content is part of this Service). These Terms exempt Relax.House Inc. (d.b.a. arcana) (“arcana,” “we,” or “us”) and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of this site.
Your use of this Service is conditional on your acceptance of these Terms. By visiting or using this Service (including to make a Reservation) you agree on your own behalf, and on behalf of any organization on whose behalf you may act (collectively referred to herein as “you”), to accept and abide by these Terms for each use of and each visit to this Service. You also acknowledge that you have read and understand our privacy statement available at https://findarcana.com/privacy-policy/ (the “Privacy Statement”).
If you do not agree to abide by these Terms, you cannot use this Service, register to become a user of this Service, or make a Reservation to visit and occupy a Site. You agree to have these Terms and any related information made available to you, and to otherwise have communications between you and us occur, electronically.
We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time. If we exercise this right, the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to these Terms are posted to this Service. It is your responsibility to check these Terms each time you access this Service to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of these Terms. If any change to these Terms is not acceptable to you, you must discontinue your use of this Service immediately. Your continued use of this Service after any such changes are posted will constitute acceptance of those changes. These Terms apply exclusively to your use of this Service and any Reservations made with us, and do not alter the terms or conditions of any other agreement you may have with us.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, including: (a) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Service; (b) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Service, any features of this Service, or any Site; and (c) removing, adding, modifying or otherwise changing any Content on this Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so.
To use the Service, you must be 18 years of age or older and of at least the age of majority in the jurisdiction in which you reside as of the time you use the Service.
2. Limited Licenses
You may not, nor may you cause or assist another to:
- modify, reverse engineer, decompile, create derivative works from, or disassemble this Service for any reason whatsoever, including for the purpose of creating competitive products or services;
- resell any Content or include any Content in or with any product that you create or distribute;
- copy any Content onto your own or any other web site or into a database or mobile application;
- use this Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Service or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Service (including without limitation uploading, posting or otherwise transmitting on this Service any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the infrastructure of this Service);
- use this Service in any manner that is unlawful (including by accessing this Service from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, including the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct, or is otherwise objectionable or which does not respect the legal rights and interests of others;
- use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Service or the Content in whole or in part;
- use this Service in any manner that may dilute or depreciate our name or reputation, our Marks (as defined below) or our affiliates or associates; or
- interfere with any other persons’ use and enjoyment of this Service or of the Internet generally.
To the extent you are in breach of your obligations under these Terms, arcana may investigate occurrences which may involve violations of such laws and co-operate with law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including without limitation your personal information or your identity) regarding your usage of this Service (including any perceived violations of applicable law), in each case as may be permitted by or required to satisfy applicable law.
3. Proprietary Rights
This Service is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Service (including any element of the Content) by any person may be a violation of trademark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or modification of this Service or any of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “arcana,” constitute trademarks, trade names, trade dress and associated products and services of arcana or its affiliates (the “Marks”) or constitute trademarks, trade names, trade dress and associated products and services of arcana suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Service does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of arcana or such third party, as applicable, is strictly prohibited.
- Reserving a Site. You may use the Service to make legitimate Reservations for a Site for yourself and your invited guests or an individual for whom you are authorized in advance to act on behalf of. Unless you have obtained prior written permission from arcana, you may not use the Service to make Reservations or purchases for other purposes, including without limitation for purposes of reselling rooms or Reservations, posting, marketing, advertising, or otherwise distributing rooms, Reservations, or availability (including without limitation on third-party web sites), making false, fraudulent, or speculative Reservations, reserving rooms in anticipation of demand, or making Reservations for commercial purposes. Reservations made in violation of these Terms may be cancelled without notice in arcana’s sole discretion.
- Company’s Right to Cancel Errors and/or Mistakes. The Service may contain technical inaccuracies and typographical or other errors in connection with Content displayed regarding each Site, including without limitation rates, fees, or availability applicable to your transaction. We assume no responsibility or liability for such errors, inaccuracies, or omissions, and shall have the right not to honor Reservations or information affected by such errors, inaccuracies, or omissions. We shall have the right to make changes, corrections, cancellations, and/or improvements to such information or Reservations based on such information, at any time, including after confirmation of a Reservation.
- Registration Information. You agree that all information you submit for your Reservation is true. You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account.
- Site. Your legitimate Reservation, once accepted by arcana, allows you to visit and occupy the Site set out in the Reservation for the term of the Reservation, and to use reasonable parts of the property (such as paths, driveways, etc.) on which the Site sits to access the Site during the term of the Reservation. You acknowledge that other people may be present on the property on which the Site sits, and you agree not to, and agree to ensure that your guests do not, disturb such other people. We retain the right to re-enter the Site during your Reservation, to the extent: (i) it is reasonably necessary, (ii) permitted by your consent, or (iii) consistent with applicable law. If you stay past the end of your Reservation, we have the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed guests at the Site.
- Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Site. For example, this means: (i) you are responsible for leaving a Site (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Site, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
- Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you knowingly, voluntarily and freely assume the entire risk arising out of your, and your guest’s, access to, occupation of and use of a Site, even if those risks arise from the negligence or carelessness of arcana or others, or defects in the equipment, premises, or facilities used in connection with the Site, or otherwise. This means it is your responsibility to investigate a Site to determine whether it is suitable for you and your guests. For example, for various reasons, a Site may be hazardous and may carry the risk of illness, attack by wildlife, bodily injury, disability, property damage or death, and you freely and willfully assume those risks by choosing to reserve such Site.
- Release and Waiver. When you reserve a Site and create a Reservation, you acknowledge and agree that:
- You have reasonably assessed the risks involved in occupying and visiting a Site and have made an informed and voluntary choice to participate.
- You alone, and not arcana, are responsible for determining your and your guests’ fitness for occupying and visiting a Site and your and their ability to fully understand any directions or warnings presented.
- You will not occupy or visit a Site if you are aware or should reasonably be aware of any factors that may limit or prevent you or your guests from occupying and visiting a Site.
- You and your guests will act reasonably and will comply with any provided and customary conditions, directions, and/or precautions for occupying and visiting a Site. If you notice any hazard with respect to the Site, you will stop occupying and visiting a Site immediately.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE, HOLD HARMLESS AND FOREVER DISCHARGE ARCANA FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR OTHERWISE), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOU AND YOUR GUEST OCCUPYING OR VISITING A SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
Additional Policies. Your Reservation and enjoyment of a Site is contingent on you adhering to the following policies:
- Cancellation Policy;
- Pet Policy;
- Smoking Policy;
- Wildlife Policy; and
- Property Access During Winter Months Policy
Any violation of these above polices may result in your Reservation being cancelled without notice, and in arcana imposing reasonable cleaning and damage replacement charges to your bill (if applicable), both in arcana’s sole discretion.
5. Transaction Terms
- Your use of certain services provided within the Service (including any Reservations) is contingent upon your payment of fees and charges, as such fees and charges are set out in the Service and as amended from time to time. Please note that prices and charges associated with this Service are set out in Canadian dollars.
- arcana (or a third party payment processor on our behalf) will invoice you on a per transaction basis for all fees and charges due with respect to the Service (including any Reservations), as well as any processing fee charged to arcana by our third party payment processor, if applicable.
- Payments may be processed on behalf of arcana by a third party payment processor using their secure site. Upon submitting your order, your information will be sent to the third party payment processor.
- You are responsible for and agree to pay promptly all charges to your account, including applicable taxes, generated by you or anyone you allow to access this Service using your account. You agree and accept responsibility for keeping all your account information current.
- arcana reserves the right to change the prices, fees and charges associated with the Service at any time and from time to time without any notice or any liability to you or any other person. arcana also reserves the right at any time to reject, cancel or terminate any transaction.
6. Linked Services
Certain links on this Service or in postings made or shared through this Service may take you to other web sites that are not owned or operated by arcana. arcana provides these links only as a convenience. arcana is not responsible for the content of any such linked web sites. arcana makes no representation or warranty regarding, and does not endorse, such linked web sites, the information or other content appearing thereon or any of the products or services available on or through such web sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We welcome you to link to this Service. However, you agree that if you link to this Service your website shall not (a) alter the visual presentation of this Service; (b) imply that arcana is endorsing you or any other person, or your or such other person’s products or services; (c) imply an affiliation between you or any other person, or your or such other person’s products or services, and arcana without the prior written consent of arcana; (d) misrepresent the relationship of you or any other person with arcana or present false, misleading or otherwise damaging information or impressions about arcana or any of its products or services; or (e) contain materials that may be illegal or interpreted as distasteful, harmful, offensive, or inaccurate.
You acknowledge and agree that in no event will arcana provide any form of remuneration for any links you may make to this Service.
7. Privacy Statement
Any personal information which arcana collects via this Service is collected in accordance with arcana’s Privacy Statement available at https://findarcana.com/privacy-policy/. When you interact with this Service, you hereby consent to our collection of information about you and your use of this Service, including but not limited to, the type of device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing plugins that load in your browser, that may be communicated to us.
8. User Communications
Any non-identifiable information gathered by us through your use of this Service may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, and assess utilization of this Service. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.
9. User Submissions (Solicited and Unsolicited)
Subject to any applicable law and the requirements of our Privacy Statement:
- We do not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to us.
- Any communications sent by you to us via this Service or otherwise, including Submissions, whether solicited by us or otherwise, are on a non-confidential basis (other than personal information which is covered under our Privacy Statement), and we are free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trademark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of arcana and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.
- We are not obliged to monitor, screen, police or edit your use of this Service, including any content you or others may contribute to this Service, although we may choose to do so in our sole discretion. We will respond as we consider appropriate, in our sole discretion, if we become aware of any inappropriate uses of this Service, including without limitation use that constitutes copyright infringement.
We make no representation or warranty and there are no conditions of any kind regarding this Service, any property described on the Service, any Site, any Reservation, or the Content, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content, including that they are appropriate or available for use at any locations outside Canada. Accessing the Service or the Content from locations where the Service or the Content is illegal is prohibited. Any diversion of the services and/or any Content obtained from or through the Service contrary to Canadian law is also prohibited. If you access this Service from locations other than Canada, then you do so on your own initiative and you are solely responsible for compliance with all applicable laws.
You acknowledge and agree that this Service (including without limitation the Content) and each Site are provided on an “AS IS” an “AS AVAILABLE” basis and that any use of or reliance on this Service or any Site shall be at your sole risk.
ARCANA AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, TITLE, ACCURACY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SERVICE (INCLUDING THE CONTENT), ANY SITE, ANY RESERVATION, AND ANY OCCUPATION OR VISITATION TO ANY SITE. FOR GREATER CERTAINTY, ARCANA DOES NOT WARRANT THAT (1) THIS SERVICE OR ANY RESERVATION WILL (a) MEET YOUR REQUIREMENTS, (b) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (c) BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT OR COMPLETE, (d) CONTINUE TO OPERATE, (e) OPERATE WITHOUT INTERRUPTIONS, OR (f) BE ERROR-FREE, OR (2) ANY SITE WILL (a) BE SAFE, (b) BE FIT FOR ANY PARTICULAR PURPOSE, (c) PROVIDE QUIET ENJOYMENT, OR (d) PROVIDE ACCURATE WARNINGS AND DIRECTIONS.
11. Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL ARCANA AND ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “ARCANA REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SERVICE, THE CONTENT, ANY RESERVATION, OR THE OCCUPATION OR VISITATION OF ANY SITE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SERVICE, THE CONTENT, ANY RESERVATION, ANY SITE OR ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES, USERS, CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES), EVEN IF WE OR ANY OF ARCANA REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
YOU ACKNOWLEDGE THAT ARCANA ACTS AS TRUSTEE FOR ARCANA REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF A ARCANA REPRESENTATIVE. ARCANA AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH ARCANA REPRESENTATIVE.
You will indemnify and hold arcana Representatives harmless from and against any claims brought by third parties (including your guests) arising out of your use of this Service (including any Reservation), your occupation and visitation to any Site, and any breach of these Terms by you, including any use of the Content other than as expressly authorized in these Terms. You agree that arcana Representatives will have no liability in connection with any such breach or unauthorized use or modification, and agree to indemnify against any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of arcana Representatives in connection therewith.
13. Choice of law
You agree that all matters relating to the access to, or use of, this Service shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
Any dispute between us and you or any other person arising from, in connection with or relating to this Service, these Terms, any transaction through this Service or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.
Unless otherwise agreed to in writing by the parties, all disputes relating to or arising under these Terms in which the aggregate amount sought in the dispute by all related parties exceeds CAD $25,000 shall be subject to final and binding arbitration under the Arbitration Act, 1991 (Ontario) (the “Arbitration”), varied as follows:
- Either party may refer a dispute to Arbitration by giving notice of same to the other party (a “Notice to Arbitrate”).
- The Notice to Arbitrate shall set out a concise description of the dispute to be submitted to Arbitration. The Arbitration, including the rendering of the award or decision, shall take place in Toronto, Ontario, which shall be the seat of the proceedings.
- The arbitral tribunal for the Arbitration shall be composed of one arbitrator (the “Arbitrator”). The party that delivers a Notice to Arbitrate (the “Applicant”) shall, in the Notice to Arbitrate, nominate an individual to act as the Arbitrator. Within five (5) business days of the date of receipt of the Notice to Arbitrate (the “Response Date”), the other party (the “Respondent”) shall, by notice to the Applicant in writing, either signify its acceptance of the Applicant’s nominee or, in the alternative, propose an alternative to act as the Arbitrator. If the Respondent fails to provide such notice by the Response Date, the Respondent shall be deemed to have accepted the Applicant’s nominee for Arbitrator. In the event that the Applicant and the Respondent do not agree within five (5) business days of the Response Date as to who shall act as Arbitrator, then the parties shall request the ADR Institute of Canada to nominate the Arbitrator, and shall accept any such nomination as the Arbitrator.
- The costs of the Arbitration shall be split evenly between the parties.
- The parties acknowledge and agree that the decision of the Arbitrator in the Arbitration shall be final and binding, and there will be no appeal of any such award or determination on any grounds.
15. Termination of Use
If you breach any provision of these Terms, then you may no longer use this Service and your Reservations will be canceled subject to any fees set out in our Cancellation Policy. We, in our sole discretion, shall determine whether these Terms have been violated. You agree that we may, in our sole discretion, terminate or suspend your account with or without notice.
Upon termination or suspension of your account, regardless of the reasons therefore, your right to use this Service immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
These Terms constitute the entire agreement between us and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
No waiver of or consent to depart from the requirements of any provision of these Terms will be binding unless it is in writing and signed by arcana. You and arcana are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms.
The provisions of these Terms will enure to the benefit of and be binding upon you and arcana and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without our express prior written consent, which may be withheld in our sole discretion. We may assign these Terms and our respective rights and obligations under these Terms without your consent.
All notices to us shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer service representatives at email@example.com. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your account or any of your Reservations. In addition, we may broadcast notices or messages through this Service to inform you of changes to this Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.