Terms of Service

Introduction Hosteeva, LLC. (“Hosteeva”) provides value-added services to hosts and guests who have arranged the use of residential and other property principally through third party booking agents and hosting platforms. These Terms of Service (these “Terms”) constitute an agreement between Hosteeva and the users (each a “User”) of Hosteeva's website, mobile applications and services (collectively, the “Site” and the “Services”). Hosteeva is sometimes referred to herein as “we,” “us,” or “our” and the User is sometimes referred to as “you,” “your,” “host,” or “guest.” Certain areas of the Site and Services (and your access to or use of certain Content (as defined below)) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Content. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR CLICKING “ACCEPT” OR “AGREE” TO THESE TERMS, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES, (1) YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AS PUBLISHED FROM TIME TO TIME AT WWW.HOSTEEVA.COM, (2) YOU REPRESENT THAT YOU ARE OF LEGAL AGE AND NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES, (3) YOU AGREE TO BE BOUND BY THE TERMS OF OUR PRIVACY POLICY AT WWW.HOSTEEVA.COM/#privacy_section, WHICH EXPLAINS HOW WE USE YOUR PERSONAL INFORMATION, (4) YOU AGREE THAT YOU ARE IN COMPLIANCE WITH ALL APPLICABLE TERMS OF SERVICE FOR THIRD PARTY PLATFORMS RELATED TO YOUR USE OF THE SERVICES AND (5) YOU AGREE THAT YOU ARE IN COMPLIANCE WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU. If you accept these Terms, you represent that you have the capacity to be bound by them. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Key Terms “Accommodation” means a residential or other property that is rented from a Host by a Guest. “Authorized Tenant” means a non-owner Host that has the authority to rent an Accommodation. “Guest” means a Member who uses the Services in connection with its rental of an Accommodation from a Host principally through a Third Party Platform. “Host” means a Member who is an owner or Authorized Tenant of an Accommodation and who is using the Services in connection with the listing and rental of an Accommodation principally through a Third Party Platform. “Member” means a person who completes the account registration process, including without limitation Hosts and Guests, as described under “Registration” below. “Third Party Platform” means a third party booking agent or hosting platform that connects Hosts who have Accommodations to rent with Guests seeking to rent Accommodations. How the Site and Services Work Hosteeva provides value-added Services to Hosts and Guests who have arranged the use of Accommodations principally through Third Party Platforms. Hosts: Hosteeva provides Services to Hosts that register on the Site. Hosteeva assists Hosts with preparing and properly marketing their Accommodations, including suggesting an optimal price for the listing of an Accommodation. Hosteeva helps Hosts by interacting with potential guests to answer questions and arrange a stay. Hosteeva may also arrange professional third party vendors to provide guest management services before, during and after the Guests stay, including scheduling professional cleanings and handling unexpected events such as lockouts. Hosteeva also provides a centralized dashboard on the Site to Hosts to set preferences, listing terms and to monitor and manage their listings. Hosteeva also may assist Hosts with marketing their listings by publishing listings on multiple Third Party Platforms. In addition to these Terms, Hosts are subject to the Host Services Agreement, which is incorporated into these Terms. Guests: Hosteeva may provide Services to Guests that have responded to a Host's posting on a Third Party Platform. Hosteeva or its third party vendors may assist guests or potential guests with questions regarding a listing or booking for a Guest's Accommodation, communicate with Guests regarding arrival and departure and provide 24-hour Guest support. Hosteeva may also offer and arrange value-added services for Guests, such as concierge and ticketing services, from Hosteeva or third party providers. In addition to these Terms, Guests are subject to the Guest Rules and Guest Services Agreement, which are incorporated into these Terms. Hosteeva solely provides services to Hosts and Guests to facilitate a booking transaction between Host and Guest. Unless explicitly stated otherwise herein, Hosteeva's responsibilities are limited to (1) assisting Hosts with optimizing the listing and booking of Accommodations and (2) providing Guest support services. In accordance with these Terms, you understand and agree that (1) Hosteeva is not a real estate broker, agent, insurer, booking agent or hosting platform, nor is it an owner or provider of Accommodations, transportation, travel services or other services provided by third parties through the Site or Service; (2) Hosteeva is not a party to any agreement between a Third Party Platform and a Host or Guest or any agreement between a Host and a Guest; (3) Hosteeva does not and cannot control the content contained in any listing or the condition, legality or suitability of any Accommodations; (4) Hosteeva is not responsible for the compliance with any laws by you or any Third Party Platform; (5) Hosteeva has no control over the conduct of Hosts, Guests and other uses of the Services or any Accommodations; and (6) as set forth in the Section entitled “Liability Limitations”, Hosteeva is not responsible for and disclaims any and all liability related to any and all listings and Accommodations to the maximum extent permitted by law. Bookings will be made at the Host's and Guest's own risk. The Host Services Agreement, Guest Rules and Guest Services Agreement may be updated from time to time at our discretion and changes will be effective upon posting them. A copy of the Host Services Agreement, Guest Rules and Guest Services Agreement can be found below. Limitations”, Hosteeva is not responsible for and disclaims any and all liability related to any and all listings and Accommodations to the maximum extent permitted by law. Bookings will be made at the Host's and Guest's own risk. The Host Services Agreement, Guest Rules and Guest Services Agreement may be updated from time to time at our discretion and changes will be effective upon posting them. A copy of the Host Services Agreement, Guest Rules and Guest Services Agreement can be found below. Eligibility The Site, Services and Content are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older. Pursuant to 47 U.S.C. Section 230(d), we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. License to Site and Services Subject to your compliance with the terms and conditions of these Terms, provided you are registered to use the Site and Services, Hosteeva hereby grants to you a non-exclusive, non-transferable, terminable license to the Site and Services, in object code form only, to be used solely for your own internal business purposes and only for the purposes for which the Site and Services were intended. You may permit your employees, consultants, or other authorized users to access and use the Site and Services on behalf of and for your benefit. Modification Hosteeva reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or through the Services or provide you with notice of the modification. We will also update the “Last modified” date at the top of these Terms. By continuing to access or use the Site or the Services after we have posted a modification on the Site or through the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services. Registration and Communication Registration with the Site is currently free; however we reserve the right to levy registration fees in the future. In order to become a registered User you will have to provide some basic personal information. Certain services and functionality will only be available to registered Users or registered Members. You agree that all information supplied upon registration is true and accurate and will be kept up to date at all times. We will use the information provided to us to contact you. You may not have more than one registration and we reserve the right at our discretion to delete or cancel the membership of any person who in our opinion possesses more than one registration at any time. You are not entitled to allow any other person to use your registration. You may not impersonate any other person in any registration whether or not that other person is a user of the Site or the Services. We request that all information included in your registration or member profile is accurate, current and complete. All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these Terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Personal information that you supply to us will not be disclosed by us to any third party save in accordance with our Privacy Policy. You agree that we may use the personal information supplied by you in accordance with our Privacy Policy. Privacy Hosteeva is committed to protecting your privacy. Our use of your personal information is governed by the terms of our Privacy Policy, which is incorporated into these Terms. The Privacy Policy may be updated from time to time at our discretion and changes will be effective upon our posting them to www.Hosteeva.com/#privacy_section. A copy of the Privacy Policy can be found at www.Hosteeva.com/#privacy_section. By using the Services, you agree that Hosteeva may collect and use technical data and related information, including but not limited to technical information about your device, system, application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any). Use and General Prohibitions The Services and Hosteeva Content are offered solely for a User's personal use and for the purposes described in these Terms. Any and all other uses are prohibited. Hosteeva expressly reserves all its rights and remedies under applicable state and Hosteeva laws. Hosteeva reserves the right, in its sole discretion, to refuse service, terminate memberships, remove or edit content, cancel reservations, or deny access to the Services. Any information published by you on the Site will be your personal responsibility. You will be personally liable for claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your content. You may not publish any offensive, inaccurate, misleading, defamatory, fraudulent, or illegal content. If any such content is published by you or if in our opinion any content is published by you which damages our goodwill or the goodwill attaching to the Site we reserve the right at our discretion and without notice to take such action as we deem necessary including removing the content from the Site and terminating your membership. In the event that you are informed that you will no longer be entitled to access the services you will not be entitled to register again and you will no longer have permission to use the Site. You agree not to (and not to allow any third party to): Reproduce, duplicate, copy, sell, resell, visit or otherwise exploit the Site, or any portion thereof, for any commercial purpose without our express written consent. Attempt to access or search the Site, Services or Hosteeva Content or download Hosteeva Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Hosteeva or other generally available third party web browsers. Use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or Hosteeva Content, except as expressly authorized by Hosteeva. Rent, lease, copy, provide access to or sublicense any portion of the Services or Hosteeva Content to a third party. Reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Hosteeva). Modify any Services or Hosteeva Content or create any derivative product from any of the foregoing. Remove or obscure any proprietary or other notices contained in the Services or Hosteeva Content. Publicly disseminate information regarding the performance of the Services or Hosteeva Content or access or use the Services or Hosteeva Content for competitive analysis or benchmarking purposes. Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) promotes illegal or harmful activities or substances; or (viii) is inaccurate or untrue. Collect or store any personally identifiable information from the Site or Services from other Members of the Site or Services without their express permission. Impersonate or misrepresent your affiliation with any person or entity. Interfere with, or attempt to interfere with, the access of any Member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services. Use the Services or Hosteeva Content for any illegal purpose. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS OF THE SITE AND SERVICES AND YOU WILL EXERCISE CAUTION, DISCRETION, COMMON SENSE AND JUDGMENT IN, USING THE SITE OR SERVICES AND DISCLOSING PERSONAL INFORMATION TO MEMBERS AND Hosteeva. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET WITH ANY SUCH MEMBERS IN PERSON. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION AND Hosteeva HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU OR ANY THIRD PARTY RELATING THERETO. Hosteeva IS NOT RESPONSIBLE, AND DISCLAIMS ALL RESPONSIBILITY, FOR THE USE OR EXCHANGE OF ANY INFORMATION AMONG MEMBERS. Hosteeva IS NOT RESPONSIBLE FOR ANY DAMAGE OR DESTRUCTION TO ANY ACCOMMODATION, DAMAGE TO PERSONAL PROPERTY OR PERSONAL INJURY TO A HOST OR GUEST. Advertising and Commercial Use Users of the Site are not entitled to directly advertise to or solicit the custom of other users without our express written consent. You are not entitled to resell or commercially exploit the Site's contents other than content you have posted. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for the purposes of sending unsolicited e-mail or for any other use. In the event that you are found by us to have been sending unsolicited e-mail to our users in contravention of the Privacy and Electronic Communications Regulations 2003 having taken their address from our Site then we reserve the right to terminate without notice your use of the Site without limiting any other rights and remedies we may have. Availability Hosteeva will use reasonable efforts to make the Services available at all times. However you acknowledge the Services are provided over the internet and mobile networks and so the quality and availability of the Services may be affected by factors outside Hosteeva's reasonable control. Hosteeva does not accept any responsibility whatsoever for unavailability of the Services, or any difficulty or inability to download or access content or any other communication system failure which may result in the Services being unavailable. From time to time it may be necessary to suspend access to the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms. We may make changes to the format of the Site, Services provided or to the Site's content at any time without notice. Technical Requirements Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Hosteeva does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. Disclaimer of Warranties YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK.NEITHER WE NOR OUR AFFILIATED COMPANIES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “Hosteeva PARTIES”) WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES, ACCOMMODATIONS OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. Liability Limitations YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICES REMAINS WITH YOU. WE AND THE Hosteeva PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, INCLUDING WITHOUT LIMITATION THIRD PARTY PLATFORMS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL WE, THE Hosteeva PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER WE NOR THE Hosteeva PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF WE AND THE Hosteeva PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU SHOULD CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. Indemnity You agree to defend, indemnify, hold harmless Hosteeva, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders from and against all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your access to or use of the Site and Services, (2) any Member Content submitted by you and (3) any breach or alleged breach by you of these Terms. Term and Termination This Agreement is effective from the first date you use the Site and Services. On receipt of an email by you to us cancelling your registration then we will terminate your registration within 30 days. Hosteeva may terminate or revise these terms at any time with or without notice. The provisions and all obligations of and restrictions on you and any User with respect to the Services shall survive any termination of these Terms. You agree that Hosteeva, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of the Service, for any reason, including for lack of use or if Hosteeva believes that you have violated or acted inconsistently with the spirit of these Terms. Hosteeva may, also, in its sole and absolute discretion, and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Hosteeva may immediately deactivate or delete your account and all related information and files in your account and prohibit any further access to all files or the Services by you; however, we do not guarantee that any information posted by you will be deleted from the Site. Further, you agree that Hosteeva shall not be liable to you or any third party for any termination of your access to the Services. Intellectual Property Rights The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Hosteeva Content”) are provided to User by Hosteeva or its partners or licensors solely to support User's permitted use of the Services. The Hosteeva Content may be modified from time to time by Hosteeva in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or Hosteeva Content by User shall constitute a material breach of this Agreement. Hosteeva and its partners or licensors retain all rights in the Services and Hosteeva Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Hosteeva or any third party is granted under this Agreement. As a Member, you may post, upload, publish, submit or transmit text, graphics, images, information or other materials to be made available through the Site and Services (“Member Content”, together with Hosteeva Content, the “Content”). By making available any Member Content through the Site and Services, you hereby grant to Hosteeva a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content only on, through or by means of the Site and the Services. Hosteeva does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Hosteeva the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or any other person's use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We do not screen Member Content (including content relating to Accommodations or other information posted by Hosts or Guests) or information on the Site and we cannot give any assurance as to its accuracy or completeness. Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to our policy. We do not accept liability in respect of such content. The user responsible will be personally liable for any damages or other liability arising from such content and you agree to indemnify us in relation to any liability we may suffer as a result of any such content. The Site may include links to other web sites or material which are beyond its control. We are not responsible for content on any site outside the Site.