Terms And Condition - HolidayKeepers

Terms And Condition

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TERMS AND CONDITIONS 1.2

The use of the HolidayKeepers website and its services are provided by HolidayKeepers Holdings LLC, with mailing address PO Box 850 Blakeslee PA 18610 (hereinafter “HolidayKeepers”) through its registered users and are subject to the following Terms & Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of HolidayKeepers website hereinafter referred to as “website” and any content and services provided by or on HolidayKeepers website 

REFERENCES

The parties which have been referred to in this agreement are:

HolidayKeepers, Us, We: HolidayKeepers as the creator, operator, and publisher of the website provides the services through its registered users, the user booking and availing the services shall be referred to as the Guests, and the User providing their listings for bookings on the HolidayKeepers website shall be referred to as the Hosts. HolidayKeepers, Us, We, Our, Ours and other first-person pronouns will refer to HolidayKeepers. 

You, being the user will be referred to as the Guest, Host, and collectively User or Parties in this agreement

 

ACCEPTANCE

By using the HolidayKeepers website, the users agree and acknowledge that they have read and reviewed this Agreement and that they are bound by each of its clauses governing the use of this website. If they do not agree to be bound by this Agreement, they must hold the use of HolidayKeepers website. HolidayKeepers only provides use of its website content and Services to the parties assenting to this Agreement.

 

USER REGISTRATION AND ACCOUNT SERVICES

As a user of the website contents or services, the User is asked to register with HolidayKeepers. While doing so they will choose a user identifier, which may be their email address or user ID, as well as a password. The User will be asked to provide their personal information, including, but not limited to, name, address, contact number, email id. The User is responsible for ensuring the accuracy of this information. This identifying information will enable the User to use HolidayKeepers its contents and services. The User must not share such identifying information with any third party, and if they discover that their identifying information has been compromised, they must notify HolidayKeepers immediately through email at care@holidaykeepers.com or through calling on +1 609 608 6262, and change their password immediately the User is responsible for maintaining the safety and security of their identifying information as well as keeping HolidayKeepers apprised of any changes to their identifying information. Providing false or inaccurate information, or using the website or Services to further fraud or unlawful activity are grounds for immediate termination of this Agreement.

HOLIDAYKEEPERS AIM

Our aim is to provide a platform to the people all around the word from where they can browse listings that’s suits them the best for their vacation bookings which may include Vacation Homes, Luxury Mansions, Cabins And Cottages, Lakefront Houses, Glamping, Farm House, Romantic Gateways, Cabin In The Woods and much more. They may know all their details by reviewing their profile which includes their descriptions, pictures, and their guest reviews. They may directly contact them through message if they have any questions. 

 

EXPLORING AND RESERVATIONS

The guests may explore the host services by using the details such as type of services, the travel destination, dates of booking, number of guests and other filters maybe used to refine their relevant search. The website will show the results based on their search criteria and filters which reflects the guest requirements.

While booking a listing on HolidayKeepers the Guest agree to pay all the applicable fees including but not limited to HolidayKeepers service fee, taxes and other charges on the payment page. After receiving the confirmation of booking a contract between the host and the Guest will be formed through the website, the Guest will be bound by the reservation terms, cancellation policy and other terms and conditions of the host, the guests are advised to read the Host terms and conditions before booking the relevant listing.

 

CANCELLATIONS, REFUNDS AND OTHER ISSUES

The Guest may cancel any bookings made by them which will be subject to the cancellation policy of the Host effective at that time, you may be eligible for rebooking assistance, partial or full refund in some situations of cancellation which are not in your control, which are subject to the cancellation policy of the Host.

A cancellation charge of 3.5% will be deducted from the refund amount and will take 5-7 business days to reflect in the account of the Guest. The amount will be refunded in the same form in which it was paid at the time of booking.

The Guest may modify a booking subject to the availability of accommodation on the modified dates and the applicable fees, taxes and difference amount for booking on the desired dates. 

 

GUEST’S RESPONSIBILITIES

The Guest shall always be liable for their acts and omissions including the accompanying people invitees at the accommodations, the acts and omissions includes leaving the accommodation after reservation period is over in the same condition as it was provided to the Guest, paying for all the damages occurred due to the Guest mistakes or deliberate attempts, acting with integrity, respect and in compliance with all the applicable laws of the land, if any minor is accompanied by the Guest, he/she must be legally authorised to accompany and supervise the minor. 

The Guest is solely responsible to determine if a host service is suitable for the Guest or not, the Hosts services may subject to the risk of bodily injury, illness, disability, los, damage and death, The Guest understands that there are certain risks associated with all aspects of the services provided by the Host. The Guest further understands that all risks associated will solely be of the Guest, whether to himself/ herself, accompanying people, invitees or any third party. The Guest represents that he/she is of the legal ageTherefore, the Guests accept the responsibility for any loss or damage that occurs to the Guest, accompanying people, invitees or any third party. In the event any bodily injury, illness, disability, loss, damage and death occur, the HolidayKeepers will assume no responsibility of any kind.

On behalf of the Guest, and its Heirs, the Guest hereby agree to assume all risks associated with the services provided by the Hosts, and hereby releases and discharge from any and all liabilities and waive any legal action against HolidayKeepers, or any of their agents, employees, affiliates and subsidiaries (collectively, “the Released Parties”) for any bodily injury, illness, disability, loss, damage and death that may occur, due to any cause, including, but not limited to, the negligence arising out of or in any way connected to the services. This release includes any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with the service provided to the Guest by the Host.

HOST TERMS

HOSTING ON HOLIDAYKEEPERS WEBSITE

HolidyaKeepers offers the hosts the right to use its platform to share their accommodation, experience, or any other services they offer with HolidayKeepers Guests and earn money, the Host may create their listing on the platform setting up their prices, availability and terms and conditions that applies to their reservations.

After accepting a booking request, or receive a booking confirmation through the Holiday Keepers website, the Host is enters into a legal contract with the Guest, and is responsible for delivering their Service under the terms and at the price on which the listing is booked. The Host agrees to pay applicable fees which includes HolidayKeepers service fee and applicable taxes for each booking made through the Guest of HolidayKeepers. HolidayKeepers will deduct the amount the Host owe from their payout. 

The Hosts relationship with HolidayKeepers is that of an independent contractor and not an employee, agent, partner, or joint venturer of HolidayKeepers, except that HolidayKeepers acts as a payment collection agent as described herein. 

HolidayKeepers will not direct or control the Host Services, the Host hereby agree that they have their discretion whether and when to provide their Services, and at what terms and prices.

LISTING MANAGEMENT

HolidayKeepers provides certain tools that makes easy for the Host to set up and manage a Listing on the website. The Host Listing must include accurate information about Services offered, prices, and other charges, and any rules and regulations that apply to the Guests or their Listing. The Host is responsible for keeping their Listing information which includes availability and photos accurate at all times. HolidayKeepers recommend that the Host obtain appropriate insurance for their offered Services and to review their policy terms and conditions including coverage and exclusions details. The Host may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if the Host has multiple places to stay. 

The Host is responsible for complying with all the laws, rules and regulations, and contracts with third parties that applies to their Listings or Services The Host is responsible for taking and handling data of Guests and accompanying people in compliance with applicable laws, The Host must always seek legal advise if they have any questions pertaining to their applicable law, rules and regulations.

The ranking of Listings in search results of HolidayKeepers depends on a several factors including but not limited to:

Guest search which includes preference, price range, number of Guests, trip time and duration

Listing which includes calendar availability, price, quality and number of images, reviews, type of Service offered, age of Listing and popularity

Guest experience of booking which includes ease of booking Host’s cancellation history

HolidayKeepers allow Hosts to promote their Listings by paying an additional fee to HolidayKeepers. 

The Host is solely responsible for their acts and omissions including the acts and omissions of anyone they allow to participate in providing their Services. The Host is solely responsible for setting up their prices and their rules and regulations for their Listings. The Host must describe any and all fees and charges in their description of listing and should not collect any additional fees or charges outside HolidayKeepers. We recommend the Host not to compel the Gests to create accounts and submit their reviews which will be a violation of HolidayKeepers terms and Conditions.

The Host acknowledge that hosting maybe subject to risks and agree that they assume the entire risk arising out of the use of HolidayKeepers, offering their Host Services, or any interaction they may have with other Members. The Host agree that they have had the opportunity to investigate HolidayKeepers Platform and the relevant laws, rules, regulations, or obligations that the Host may be subject to and the Host is not relying on any statement made by HolidayKeepers.

CANCELLATIONS, REFUNDS AND OTHER ISSUES

if a Guest cancels a Reservation, the amount paid to the Host is determined by the cancellation policy that applies to that Reservation. The Host should not cancel on a Guest without a valid reason. If the Host cancel on a Guest without a valid reason, HolidayKeepers may charge a Fine at its discretion. If a Guest experiences Travel Issue the amount that has been paid will be reduced by the amount HolidayKeepers refund or otherwise provide to the Guest, and by any other reasonable costs HolidayKeepers incur as a result of the cancellation. 

If a Guest receives a refund after the Host has already been paid, or the amount of the refund and other costs incurred by HolidayKeeprs may recover that amount from thae Host, including by offsetting the refund against the Host’s future payouts. The Host agree that HolidayKeepers terms and conditions and cancellation policy pre-empt the Host’s cancellation policy. If HolidayKeepers expect to provide a refund to a Guest, HolidayKeepers delay release of any payout for that Reservation until a refund decision is made by HolidayKeepers. 

Hosts are responsible for any Modifications of booking they agree to make through HolidayKeepers or direct HolidayKeepers to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with modification of a booking.

TAXES

The Host is responsible for determining and fulfilling their obligations under applicable laws to report, collect, remit, or include any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes in their prices.

In some jurisdictions, Tax regulations may require that HolidayKeepers collect and/or report Tax information about the Host as a user of HolidayKeepers, or withhold Taxes from payouts. If the host fails to provide Holidaykeepers the sufficient documentation to support any such obligation to withhold Taxes from payouts, Holidaykeepers may withhold payouts up to the amount as required by law, until sufficient documentation is provided. The Host agree that Holidaykeepers on your behalf may isuue invoices or other documentation for VAT, GST, consumption or other Taxes for their Services to facilitate accurate tax reporting.

REVIEWS

After each Service, both the parties will have an opportunity to review each other. The Reviews must not contain any discriminatory, offensive, defamatory, or other language that violates the law. Reviews are not verified by HolidayKeepers for accuracy and may be incorrect or misleading.

HolidayKeepers allows you to provide feedback, text, photos, audio, video, the parties grant HolidayKeepers a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit. The Parties are solely responsible for all Content that they provide and warrant that they either own it or are authorized to grant the rights described herein. The Party is responsible and liable if any of their Content violates or infringes the intellectual property or privacy rights of any third party. The feedback, text, photos, audio, video discriminatory, obscene, harassing, deceptive, violent, and illegal content. 

FEES

HolidayKeepers charge fees including applicable Taxes to Hosts and Guests for the right to use their Platform. Except as otherwise provided HolidfayKeepers service fees is non-refundable. HolidayKeepers reserves the right to change the service fees at any time, and will provide notice of any fee changes before they become effective. changes will not affect on bookings made prior to the effective date of the fee change. 

USER CONDUCT

The User agrees not to use HolidayKeepers its content or services for any unlawful purpose or any purpose prohibited under the laws and in this agreement. HolidayKeepers expects, the user to follow the rules provided herein and not to:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights such as privacy and publicity rights of others.

Advertise or offer to sell or buy any false and misleading products and services for any purpose.

Falsify or delete the legal or other appropriate notice or designation of ownership.

Limit or prevent other users from using and enjoying HolidayKeepers content and services.

Do any sort of malpractice or misrepresenting while Listing or Booking on HolidayKeepers 

Contact or communicate with the Guest or Hosts directly outside the website to avail and provide the services.

Violate any code of conduct or guidelines 

Harvest or collect information about the Guests or Hosts from the website including e-mail addresses, without HolidayKeepers prior written consent.

Violate any applicable law or regulation.

Do illegal spam activities, including gathering email addresses and personal information.

TERMINATION

HolidayKeepers may terminate this Agreement with the User at any time for any reason, with or without cause. HolidayKeepers specifically reserves the right to terminate this Agreement if the User violates any of the terms outlined herein, including, but not limited to, violating the rights of HolidayKeepers or a third party, failing to comply with applicable laws or other legal obligations. If the User has registered an account, they may also terminate this Agreement at any time by contacting and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

If hosts account terminates for any reason, any confirmed booking will be automatically cancelled and Guests will receive a full refund. If Guests account terminates for any reason, any confirmed booking will be automatically cancelled and the refund will depend upon the terms of the Reservation’s cancellation policy. Upon termination the User is not entitled to a restoration of account. 

WARRANTIES

The User agree that their use of the website its content and services is at their sole and exclusive risk and that any Services provided or availed by them are on an “As Is” basis. HolidayKeepers hereby expressly disclaims all express or implied warranties of any kind, HolidayKeepers does not warrants that the website its contents or services will meet the User needs or that its contents or services will be uninterrupted, error-free, or secure. HolidayKeepers also does not warrant to the reliability or accuracy of any information and contents on the HolidayKeepers website. The User agree that any damage that may occur to them, from their use of the website contents and its services is their sole responsibility and HolidayKeepers is not liable for any such damage or loss.

INDEMNITY

The User hereby agrees to indemnify HolidayKeepers against any and all damage, liability, and loss, as well as legal fees and costs incurred, as a result of any act or omission of the Host or the Guest, related to the services rendered under this Agreement or any transaction or matter connected with the services or the relationship between the User and HolidayKeepers.

LIMITATIONS

HolidayKeepers is not liable for any damages that may occur to the User as a result of their use of the HolidayKeepers website its contents or services, to the fullest extent permitted by law, the maximum liability of HolidayKeepers arising from or relating to this Agreement is limited to the greater of the fees paid by the user for any services availed. This section applies to all claims by the user, including, but not limited to, loss of revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

SAFETY COMPLIANCE

The Host hereby agrees to place the highest priority on health and safety and shall maintain a safe residential environment during the stay of the Guests and performance of their services. The Host shall comply and shall secure compliance by its employees, agents, and subcontractors, with all applicable health, safety, and security laws and regulations, and performance conditions in this Agreement. Compliance with such requirements shall represent the minimum standard required of the Host. The Host shall be responsible for examining all requirements and determining whether additional or more stringent safety and security provisions are required at their premises for the Guests. The Host agrees to utilize protective devices including but not limited to smoke detectors or as required by applicable laws, and regulations.

The Host hereby acknowledges that they have complied with all Environmental, Health, and Safety Laws, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against them alleging any failure so to comply. Without limiting the generality of the preceding sentence, the Host agrees that they have obtained and been in compliance with all of the terms and conditions of all permits, licenses, and other authorizations which are required under, and has complied with all other limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, which are contained in, all Environmental, Health, and Safety Laws.

MODIFICATIONS 

HolidayKeepers, from time to time and at any time without notice to the user, may modify this Agreement. The User agrees that HolidayKeepers has the right to modify this Agreement and its website contents and services or revise anything contained herein. The user further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and those modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any competent court of law, the user agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

The user agrees to routinely monitor this Agreement and refer to the Effective Date posted at the bottom of this Agreement to note any modifications or variations. The User agree that their continued use of Website after any modifications to this Agreement is a manifestation of their continued assent to this Agreement.

If the user fails to monitor any modifications to or variations of this Agreement, the User agree that such failure shall be considered an affirmative waiver of their rights to review the modified Agreement.

JURISDICTION

The user agrees that the laws of the State of Pennsylvania, USA shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between the User and HolidayKeepers, with the exception of its conflict of law provisions. 

ASSIGNMENT

This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by HolidayKeepers, the rights, and liabilities of HolidayKeepers will bind and inure to any assignees, administrators, successors, and executors.

FORCE MAJEURE

HolidayKeepers shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

SEVERABILITY

If any part or sub-part of this Agreement is held invalid or unenforceable by a competent court of law, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

RELATIONSHIP 

No agency, partnership, or joint venture has been created between the Parties and/or between HolidayKeepers and the User as a result of this Agreement. 

CONTACT

If the User has any queries or concerns they may write an email or call provided on the contact us section of the website

Effective Date: 1st day of August 2022


Old Terms & Conditions 1.1

Introduction

Welcome to Keepers Holdings Inc (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at www.holidaykeepers.com (together or individually “Service”) operated by Keepers Holdings Inc.

Our Terms & Conditions also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at care@holidaykeepers.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at care@holidaykeepers.com

Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

Cancellation & Refunds

Each property is listed with Strict or Moderate or Flexible cancellation policy which is part of the property description. The cancellation policy are as under:

Flexible

Full Refund until 72 hrs prior to arrival, 80% refund 24 hrs prior to arrival, zero refund between 0- 24 hrs to arrival.

Moderate

Full Refund until 5 days to arrival, 50% refund 24 hrs prior to arrival, zero refund between 0- 24 hrs to arrival

Strict

Full Refund until 15 days to arrival, 30% refund 24 hrs prior to arrival, zero refund between 0- 24 hrs to arrival

Cancellation due to Covid-19:

If cancellation is due to a COVID-19 “stay at home” order or similar order by the govt. or governing body of the state/ county/ township, then the Owner shall refund all money paid without any deductions. Any deposit, rent or fees retained by Owner pursuant to this provision shall be agreed upon liquidated damages, consideration for the execution of this Rental Agreement and in full settlement of claims.

Fee & Security Deposit:

Rental agreement and the reservation confirmation will be issued by the owner upon receipt of the above referred security deposit due when the reservation is made. Owner reserves the right to cancel reservation if the deposit is not received in time specified.

Owner shall hold said security deposit to secure Guest’s performance pursuant to this rental agreement and applicable laws and regulations. Owner may apply said deposit to any damages (except for normal wear & tear) caused by Guest, Guest’s family, friends on invited guests, Guest’s agents or employees. The security deposit shall be held by Owner in a segregated non-interest-bearing account.

Any remaining deposit and/or deposit claim notification shall be mailed to Guest within two business days after cleaning and inventory of the premises subsequent to Guest vacating said premises, and in case of rent periods longer than seven (7) days, after the utility bills for rented time period are available. Guest shall return the rental premises and all property included therewith to Owner at check-out time in the same condition it was in when the Guest checked in, except for normal wear and tear provided Owner has provided the inventory list prior to check-in. Any substantially damaged or missing personal property shall be deducted from the security deposit at replacement value.

An inventory list of furnishings in the premises and personal property provided therein shall be provided to the Guest upon check-in. Guest shall immediately notify the Owner upon occupancy if any of the furnishings or property are missing or damaged.

PAYMENT: Security deposit and 50% of the total rent, taxes and fees shall be paid and received by Owner in the form of a credit card or bank transfer or any other form of direct transfer 60 days prior to check in, and the balance of the rent, taxes, fees and any unpaid security deposit shall be paid and received by Owner no later than 30 days prior to check in or in special terms

Time is of the essence as to payment pursuant to this Rental Agreement, and any late payments shall, at the sole option of Owner, cause of forfeiture of Guest’s right pursuant to this Agreement and immediate cancellation of same without further notice to Guest.

Guest Covenants and Conditions:

The parties agree that the following are material covenants and conditions of this Rental Agreement, the breach of which shall result in immediate forfeiture by the Guest of the subject rental premises in accordance with applicable law:

a. Guest shall comply with all federal, state and country local laws, rules regulations and ordinances. Owner shall advice Guests of any local law, rules, regulations, which the Owner has a written notice of the same.

b. Guest agrees not to commit waste or to use the rental premises or any appliances or appurtenances thereof or thereto for any disorderly or unlawful or for offensive purpose. No noise shall be permitted between 10pm to 6pm.

c. No pets are allowed in or around the rental premises at any time, unless specifically permitted by Owner in writing, at the time this Rental Agreement is executed.

d. All debris, rubbish and discards must be placed in the outdoor trash bin prior to departure.

e. All dishes, pots, pans, utensils and glassware must be cleaned and replaced to their assigned location or to be left in dishwasher before leaving the premises.

f. Guest agrees that Owner and Owner’s agent shall not be responsible for an loss of or damage to any personal property in or on the rental premises, nor shall Owner or Owner’s agents or employees be liable to Guest, Guest’s family or guests or agent for failure to repair or maintain any part of the rental premises or property contained therein.

g. No lifeguard is available on the premises. Guest shall use pool, water and dock, if applicable, with great care and in accordance with any posted rules. All children, elderly and frail adults using said pool, water or dock shall be constantly supervised by a responsible adult who can swim. Any use of the said pool(s), water area or dock shall be at the sole responsibility and risk of the user, the responsible adult supervising the user and the Guest.

h. Guest(s) is/are responsible for and shall indemnify the Owner and Owner’s agents and hold them harmless from any and all claims, liability, demands, actions, causes of action, expenses, damages, losses or injuries sustained by any person including Guest, guest’s family, agents or invitees as a result of or arising from Guest’s subject occupancy ad tenancy including and in no way limited to claims arising from the use of any pool, hot-tub, spa-pool, water area or dock which are part of the rental premises.

i. Guest shall also be liable and indemnify Owner for attorney’s fees and court cases incurred by owner enforcing any of the terms, covenants or condition of this rental agreement, or which are sustained by owner as a result of it arising from or during Guest’s said occupancy and tenancy.

j. Owner agrees to defend, indemnify and hold harmless the guest booking the property for any and all claims for injury (including death) or damage arising out of or in relation to owner’s negligence or wilful misconduct due to owner’s failure to maintain the premises.

Prohibited Uses: You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of Service.

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify Company rating.

0.9. Otherwise attempt to interfere with the proper working of Service

We may use third-party Service Providers to monitor and analyze the use of our Service.

No Use By Minors: Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

Account: When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property: Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Keepers Holdings Inc and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Keepers Holdings Inc.

Copyright Policy: We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to care@keepers.biz, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims: You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

0.4. your address, telephone number, and email address;

0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at care@holidaykeepers.com.

Links To Other Web Sites: Our Service may contain links to third party web sites or services that are not owned or controlled by Keepers Holdings Inc. Keepers Holdings Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

For example, the outlined Terms of Use have been created using PolicyMaker.io, a free web application for generating high-quality legal documents. PolicyMaker’s Terms and Conditions generator is an easy-to-use free tool for creating an excellent standard Terms of Service template for a website, blog, e-commerce store or app.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

Disclaimer Of Warranty: THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation Of Liability: THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Disclaimer Of Warranty: EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination: We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law: These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, which governing law applies to agreement without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

Changes To Service: We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

  • Amendments To Terms: We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.Waiver And Severability: No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

    Acknowledgement: BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

    Contact Us: Please send your feedback, comments, requests for technical support by email: care@holidaykeepers.com

 

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