Terms & Conditions

READ THE FOLLOWING TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE CAREFULLY BEFORE PROCEEDING. BY PROCEEDING, YOU ARE ACCEPTING AND AGREEING TO THE FOLLOWING SOFTWARE LICENSE TERMS AND CONDITIONS. IF YOU ARE NOT WILLING TO BE BOUND BY THE FOLLOWING SOFTWARE LICENSE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY EXIT THE BNBSMARTHOME WEBSITE. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE BNBSMARTHOME SOFTWARE (“SOFTWARE”) BETWEEN YOU AND BLUESCOPE DATA LTD. (“Bnbsmarthome”), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

1. Agreement between User and www.bnbsmarthome.com

Welcome to www.bnbsmarthome.com. The www.bnbsmarthome.com website (the "Site") is comprised of various web pages operated by BlueScope Data Ltd. www.bnbsmarthome.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.bnbsmarthome.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.bnbsmarthome.com is an E-Commerce Site. Bnbsmarthome is an online application that helps vacation rental owners and property managers automate their reservation access and smart device access related to their property(s).

2. Privacy

Your use of www.bnbsmarthome.com is subject to Bnbsmarthome's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

3.Electronic Communications

Visiting www.bnbsmarthome.com or sending emails to Bnbsmarthome constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

4. Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bnbsmarthome is not responsible for third party access to your account that results from theft or misappropriation of your account. Bnbsmarthome and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

5. Children Under Thirteen

Bnbsmarthome does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.bnbsmarthome.com only with permission of a parent or guardian.

6. Links to Third Party Sites/Third Party Services

www.bnbsmarthome.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Bnbsmarthome and Bnbsmarthome is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bnbsmarthome is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bnbsmarthome of the site or any association with its operators. Certain services made available via www.bnbsmarthome.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.bnbsmarthome.com domain, you hereby acknowledge and consent that Bnbsmarthome may share such information and data with any third party with whom Bnbsmarthome has a contractual relationship to provide the requested product, service or functionality on behalf of www.bnbsmarthome.com users and customers.

7. No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.bnbsmarthome.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Bnbsmarthome that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Bnbsmarthome or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Bnbsmarthome content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Bnbsmarthome and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bnbsmarthome or our licensors except as expressly authorized by these Terms.

8. Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Bnbsmarthome has no obligation to monitor the Communication Services. However, Bnbsmarthome reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Bnbsmarthome reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Bnbsmarthome reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bnbsmarthome's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Bnbsmarthome does not control or endorse the content, messages or information found in any Communication Service and, therefore, Bnbsmarthome specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Bnbsmarthome spokespersons, and their views do not necessarily reflect those of Bnbsmarthome. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

9. Service Provided The parties

agree that although Bnbsmarthome makes efforts to provide current information through the Service, the Data is provided by Bnbsmarthome ‘as is.’ Bnbsmarthome does not represent, warrant or make any other guarantees as to the completeness or correctness of such Data, or make any implied warranties with respect to its merchantability or fitness for a particular purpose. Bnbsmarthome Services are provided ‘as is’ and we give no warranty or representation regarding the Service, including warranties that they will be timely, accurate, available, of a certain quality, free from bugs, defects, errors or viruses, or as to the specific results or outcome that may arise from your use of the Services. Without limiting the foregoing, we do not warrant that the Bnbsmarthome Services will meet your requirements or that they will be suitable for any particular purpose. Although we implement security measures to help protect our systems, you acknowledge that use of the Service involves transmission of data over networks that are not owned, operated or controlled by us. Bnbsmarthome is not responsible for any data that is lost, corrupted, intercepted, modified or stored across such networks. You acknowledge and agree that, to the extent permitted by law, we cannot guarantee that transmissions of data will always be reliable or that our security measures (or those of our third party service providers) will always be incapable of being hacked or circumvented by unauthorized third parties. The Client hereby releases and forever discharges Bnbsmarthome and its directors, officers, employees or agents from and against any claims against Bnbsmarthome in relation to the Data and the Service, and further the Client waives its right to sue in relation to any such claim. This section shall survive termination of these Terms.

10. License Grant and Use

a.Bnbsmarthome grants to You a nonexclusive, non‑transferable license to access the Service via a web browser, as may be updated from time to time without notice by Bnbsmarthome, user manuals and technical materials viewable and printable through Bnbsmarthome’s website (the "Documentation”). The Website and Documentation are collectively called the "System.”

b. You acknowledge that You have no ownership, rights, title or other interest in the System apart from that granted hereunder. All rights, title, and interest including, but not limited to, intellectual property interests, in and to the System are the exclusive property of Bnbsmarthome, and this Agreement shall not be deemed a transfer of title or ownership in any respect.

c. You acknowledge that the license granted hereunder is terminable at will by Bnbsmarthome in its sole and absolute discretion. Termination of the Agreement revokes Your license and ends Your rights. In case of such termination, You will immediately cease use of the System. The terms that by their sense and context are intended to survive performance by either or both parties shall so survive the performance and termination of the Agreement, including without limitation those terms relating to warranty limitations, limitation of liability, remedies or damages, or Company’s proprietary rights.

d. You acknowledge that the System may include software and services provided by third parties ("Third Party Software") and the licensor of any Third Party Software embedded in the Licensed Software has a proprietary interest in such software.

e. You may view and download a single copy of the Documentation solely for Your personal, non-commercial use. You will not otherwise, in whole or in part, sublicense, copy, rent, loan, transfer, modify, enhance, prepare derivatives of, decompile, or reverse engineer any portion of the System.

f. If any modifications, enhancements, improvements or alterations to the Software are or have been made by Company, You or any non-party, either singly or in combination, all such modifications, enhancements, improvements or alterations shall belong exclusively to Company. You agree to assign to Company any ownership or other right, title and interest in or to any such improvements, enhancements, modifications or alterations and to execute any documents to facilitate said assignment that are requested of it by Company.

g. Your rights hereunder may not be assigned, sold, transferred, pledged or encumbered in any way. You may not sell, sublicense or rent the System to any third-party. Company may assign this Agreement.

11. Maintenance

Company shall have no obligation to support or maintain Software.

12. Consulting and Training

Consulting and training services are not provided under this Agreement.

13. Proprietary Rights

You acknowledge that System is a proprietary asset of Company.

14. Third Party Accounts

You will be able to connect your Bnbsmarthome account to third party accounts. By connecting your Bnbsmarthome account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

15. International Users

The Service is controlled, operated and administered by Bnbsmarthome from our offices within Canada. If you access the Service from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use the Bnbsmarthome Content accessed through www.bnbsmarthome.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

16. Indemnification

You agree to indemnify, defend and hold harmless Bnbsmarthome, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bnbsmarthome reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bnbsmarthome in asserting any available defenses.

17. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

18. Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Bnbsmarthome agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

19. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BNBSMARTHOME AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. BNBSMARTHOME AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BNBSMARTHOME AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BNBSMARTHOME AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BNBSMARTHOME OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

20. Governing Law

The United Nations Convention on the International Sale of Goods is explicitly excluded from this Agreement. This Agreement and any action related thereto or related to the Software shall be governed, controlled, interpreted, and defined by and under the laws in effect in the Province of Ontario, without regard to conflicts of law principles. Venue for any action, claim or proceeding pertaining to this Agreement shall be Ontario and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of such action.

21. Entire Agreement

This represents the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supercedes all prior agreements and understandings between the parties, whether oral or written, with respect to this subject matter. Notwithstanding the foregoing, the Terms and Conditions of Company’s web site are incorporated herein by reference and are made part of this Agreement. You acknowledge that such Terms and Conditions may be changed at any time without notice by Company, and that such changes to the Terms and Conditions shall be binding upon You.

22. Termination/Access

Restriction Bnbsmarthome reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bnbsmarthome as a result of this agreement or use of the Site. Bnbsmarthome's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bnbsmarthome's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bnbsmarthome with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bnbsmarthome with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bnbsmarthome with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

23. Changes to Terms

Bnbsmarthome reserves the right, in its sole discretion, to change the Terms under which www.bnbsmarthome.com is offered. The most current version of the Terms will supersede all previous versions. Bnbsmarthome encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Bnbsmarthome welcomes your questions or comments regarding the Terms:

BlueScope Data Ltd.

Ilderton, Canada

Email Address: contact[at] bnbsmarthome.com

Effective as of Aug 24, 2022