Terms of Service

Last Updated: June 29, 2020

Welcome, and thank you for your interest in Stay Hikaru (“Hikaru,” “we,” or “us”) and our website at www.stayhikaru.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service (together with the Additional Terms (defined in Section 18.5), the “Agreement”) and, our Privacy Policy (defined in Section 18.6) govern your use of the Service and Properties (defined in Section 1). This Agreement is a legally binding contract between you and us regarding your use of the Service and Properties. Failure to use the Service or Properties in accordance with this Agreement may subject you to civil and criminal penalties.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

 

BY CLICKING “I ACCEPT” (OR WORDS TO SIMILAR EFFECT) OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE OR PROPERTIES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE OR PROPERTIES, YOU AGREE TO BE BOUND BY, THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE OR PROPERTIES. YOUR USE OF THE SERVICE OR PROPERTIES, AND OUR PROVISION OF THE SERVICE TO YOU AND EXPRESS LICENSE FOR YOU TO USE THE PROPERTIES (IF APPLICABLE), CONSTITUTE AN AGREEMENT BETWEEN US AND YOU TO BE BOUND BY THIS AGREEMENT.

THIS AGREEMENT, WHETHER IN WHOLE OR PART, IS NOT A LEASE OR RESIDENTIAL TENANCY AGREEMENT, AND DOES NOT CONVEY OR OTHERWISE TRANSFER OR PROVIDE ANY PROPERTY, LEGAL, OR BENEFICIAL RIGHTS OR INTEREST IN REAL ESTATE TO YOU. YOU ARE NOT A TENANT OF, AND HAVE NOT BEEN GRANTED EXCLUSIVE POSSESSION OF, ANY OF THE PROPERTIES. 

ARBITRATION NOTICE FOR USERS. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under this Agreement will be resolved by binding, individual arbitration, and BY ACCEPTING THIS AGREEMENT, YOU AND VIVANT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 17 for more details.)

  1. Service Overview. We provide information on physical properties managed, owned, licensed, leased, rented, and/or developed by us or any of our affiliates (each a “Property” and collectively the “Properties”). You may use the Service to make legitimate reservations for certain Properties for short-term or longer-term rentals and to obtain from us our express (i.e., written) permission for you to use such Properties for a certain period of time, in all cases, only in accordance with the terms and conditions of this Agreement. The “Service” excludes any and all Properties, but includes services provided by us to you in connection with your permitted use of the Properties (if applicable), whether you reserve such Properties directly from us or a third party.

  2. You must be at least 18 years old to use the Service. By agreeing to this Agreement, you represent and warrant to us that: (a) you are (i) at least 18 years old, are an emancipated minor, or possess legal parental or guardian consent to agree to this Agreement; and (ii) fully able and competent to enter into this Agreement; (b) you have not previously been suspended or removed from the Service or any of our Properties; and (c) your registration and your use of the Service and our Properties is and will be in compliance with any and all applicable laws, rules, and regulations. If you are an organization (e.g., a company or school), the individual accepting this Agreement on your behalf represents and warrants that he or she has the authority to bind you to this Agreement and you agree to be bound by this Agreement.

  3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, home address, date of birth, and other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at hello@stayhikaru.com.

  4. Background Checks. You acknowledge and agree that for transparency, safety, and fraud prevention purposes, and to the extent permitted by applicable law, we may, but have no obligation to, before and/or while you reserve and/or occupy a Property: (a) require that you provide us with a form of government identification or other information sufficient to assist us with undertaking the background checks described in Sections 4(b)-(c); (b) screen you against third party databases or other sources and request reports (e.g., credit checks) regarding you from service providers (if available); and (c) for users outside of the USA, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks (if available). You hereby consent to our undertaking the foregoing background checks and to our processing of the resulting information in accordance with our Privacy Policy(if applicable), including sharing with landlords and/or their property managers (collectively, “Landlords”) the results of background checks for users based in the U.S.