Operated by Tomin Group International Inc., Québec, Canada
legal@monkstays.com www.monkstays.com
Plain-Language Overview
These User Terms of Service (“Terms”) form a binding agreement between Tomin Group International Inc., doing business as Monkstays (“Monkstays,” “we,” “our,” or “us”), and any individual or organization that accesses or uses the Monkstays platform (“User,” “you”).
Monkstays operates as a digital marketplace intermediary.
- Hosts are independent suppliers of accommodation, retreats, and related services.
- Monkstays acts solely as a limited payment collection agent for Hosts.
- Monkstays provides marketplace technology, booking facilitation, and related services.
These Terms set the general rules for access to and use of the Platform.
Booking-specific rules are addressed in the Guest Terms of Service and related Policies.
Host-specific rules are addressed in the Host Terms of Service.
If there is a conflict between these general Terms and a supplement (Guest Terms or Host Terms), the supplement governs for the relevant activity.
By accessing or using the Platform, you agree to comply with these Terms and all incorporated Policies (including the Code of Conduct, Pricing Policy, Refunds & Cancellations Policy, Liability Policy, and Privacy Policy).
These Terms are governed by the laws of the Province of Québec and applicable federal laws of Canada, subject to mandatory rights applicable in your jurisdiction.
This summary is for convenience only. The numbered clauses below are legally binding.
1. Definitions and Interpretation
1.1 Platform – The Monkstays website and related digital services are operated by or on behalf of Tomin Group International Inc., supported by authorized third-party providers for hosting, communications, booking tools, and payment processing.
1.2 User – Any person or entity that visits, accesses, registers on, or uses the Platform, including Guests and Hosts.
1.3 Guest – A User who books or attempts to book accommodation or retreat services through the Platform.
1.4 Host – An approved institution that lists accommodation, retreats, or related services on the Platform.
1.5 Organization Account – An account created by a legal entity authorizing multiple individuals to act on its behalf. The entity remains responsible for all actions under the account.
1.6 Policies – Collectively, the Code of Conduct, Pricing Policy, Refunds & Cancellations Policy, Liability Policy, and Privacy Policy.
Headings do not affect interpretation. “Including” means “including without limitation.”
2. Eligibility and Account Creation
2.1 Minimum Age
You must be at least eighteen (18) years old and legally capable of entering binding agreements.
2.2 Organization Accounts
If acting on behalf of an organization, you represent that you have the authority to bind that entity.
2.3 Accurate Information
You must provide accurate, current, true and complete information.
2.4 Verification
Monkstays may require identity or institutional verification for safety, regulatory compliance, or fraud prevention.
2.5 Account Security
You are responsible for safeguarding login credentials and for all activity under your account.
3. Use of the Platform
3.1 Permitted Use
The Platform may be used only for lawful purposes consistent with Monkstays’ mission.
3.2 Prohibited Conduct
You must not:
(a) violate applicable laws or regulations;
(b) engage in unauthorized commercial promotion;
(c) post misleading, unlawful, defamatory, or infringing content;
(d) circumvent Platform payment systems;
(e) scrape, automate, or extract data without permission;
(f) interfere with Platform security or other Users.
3.3 Compliance With Policies
Users must comply with all applicable Policies and supplemental terms.
3.4 Platform Availability
Monkstays may modify, suspend, or discontinue features for operational, security, legal, or maintenance reasons.
4. Content and User Materials
4.1 License to Monkstays
You retain ownership of your Content but grant Monkstays a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute such Content for Platform operations, trust and safety, customer support, and promotion.
4.2 Responsibility
You are solely responsible for your Content and confirm you have rights to publish it.
4.3 Removal
Monkstays may remove Content violating these Terms or applicable law.
4.4 Feedback
Suggestions may be used without obligation or compensation.
5. Payments, Fees, and Marketplace Structure
5.1 Limited Payment Collection Agency
Monkstays collects payments from Guests solely as a limited payment collection agent for Hosts.
Collection of funds does not make Monkstays the supplier of accommodation or retreat services.
5.2 Service Fees
Monkstays may charge:
- Guest Service Fees;
- Host Commissions;
- Optional participation program fees.
Fees are disclosed at checkout or within the Pricing Policy.
5.3 Modification of Fees
Monkstays reserves the right to modify:
- Service fee percentages or structures;
- Commission rates;
- Payout thresholds;
- Settlement timing;
- Pricing tools or participation programs;
for future transactions without requiring prior authorization from Users.
Changes apply only to future bookings and will not affect confirmed transactions.
5.4 Currencies
Payments may be processed in supported currencies (including CAD and USD). Currency display may vary for convenience. Exchange-rate fluctuations and banking fees are not controlled by Monkstays.
5.5 Taxes
Hosts are responsible for determining and complying with applicable tax laws in their jurisdiction, including sales taxes, VAT, GST/HST, QST, and lodging or occupancy taxes.
Monkstays may collect and remit certain taxes where required by law.
6. Intellectual Property
6.1 Ownership
All intellectual property in the Platform (excluding User Content) belongs to Tomin Group International Inc. or its licensors.
6.2 Limited License
Users receive a revocable, non-exclusive license to use the Platform in accordance with these Terms.
6.3 Trademarks
“Monkstays” and related branding may not be used without written consent.
7. Disclaimers and Platform Role
7.1 Marketplace Intermediary
Monkstays provides an online marketplace only. Hosts are independent suppliers responsible for their accommodations, services, tax compliance, safety, and legal obligations.
Monkstays is a digital marketplace intermediary and does not own, operate, or control the accommodations or institutions listed on the Platform. Each Host is independently responsible for compliance with applicable laws, including human rights and anti-discrimination legislation. Monkstays does not pre-screen or validate the legality of institutional admission criteria and relies on Host representations.
7.2 No Warranty
The Platform is provided “as is” and “as available.”
7.3 Third-Party Services
Monkstays relies on third-party providers and is not responsible for their independent actions.
8. Limitation of Liability
8.1 Liability Cap
To the maximum extent permitted by law, Monkstays’ total liability for any claim shall not exceed the total service fees paid to Monkstays for the transaction giving rise to the claim.
8.2 Excluded Damages
Monkstays is not liable for indirect, incidental, consequential, or punitive damages.
8.3 Legal Limits
Where prohibited by law, limitations apply only to the maximum extent permitted.
9. Indemnification
You agree to indemnify and hold harmless Monkstays from claims arising from:
(a) breach of these Terms;
(b) violation of law;
(c) infringement of third-party rights;
(d) misuse of the Platform;
(e) tax or regulatory non-compliance (if you are a Host).
10. Suspension and Termination
10.1 By User
Accounts may be closed subject to outstanding obligations.
10.2 By Monkstays
Monkstays may suspend or terminate access for violations, fraud risk, safety concerns, or regulatory requirements.
10.3 Surviving Obligations
Termination does not affect accrued rights or payment obligations.
11. Changes to These Terms
Monkstays may update these Terms from time to time.
Material updates apply prospectively and will not affect confirmed bookings.
Continued use constitutes acceptance, subject to mandatory consumer law.
12. Dispute Resolution and Governing Law
12.1 Internal Resolution
Users must first contact legal@monkstays.com for internal review.
12.2 Jurisdiction
Disputes shall be submitted to the civil courts of Montréal, Québec, Canada, subject to mandatory consumer protection rights.
12.3 International Users
Nothing in these Terms limits mandatory rights that apply in the jurisdiction of the User.
13. Force Majeure
Monkstays is not liable for events beyond reasonable control.
14. Miscellaneous
14.1 Entire Agreement
These Terms and incorporated Policies form the complete agreement.
14.2 Severability
Invalid provisions do not affect remaining terms.
14.3 Assignment
Users may not assign rights without consent.
14.4 No Waiver
Failure to enforce a provision is not a waiver.
14.5 Language
The English version prevails, subject to mandatory Québec consumer rules.
End of Monkstays – User Terms of Service (English Version)