Terms and Conditions
Please read these Terms carefully, as they contain important information about limitations of liability
DefinitionsUnless otherwise specified, the entity controlling the Site you are accessing is referred to herein as “Graeme”, “platform” ,“we,” “us” or “our”. The term "you" and “user” refers to the user visiting the Site and/or requesting a service on this Site, or to our customer service. The Term “provider” refers to the company and/or business offering services on this Site. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Graeme. If you arrived on the Site after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.
- Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever;
- Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
- Deep-link to any portion of the Site without our express written permission;
- Modify, translate into any language or computer language or create derivative works from, any content or any part of the Site;
- Reverse engineer any part of the Site;
- Sell, offer for sale, transfer or license any portion of the Site in any form to any third parties;
- Use the Site and its inquiry or booking functionality other than to advertise and/or research vacation rentals, to make legitimate inquiries to our members or any other use expressly authorised on the Site;
- Use the Site to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretences, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
- Violate, plagiarise or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
- Use or access the Site in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Site or any other system used by us or the Site.
ResponsibilityWe are not responsible for the content and the information posted by the providers. We are not liable to pre-screen content posted on the Site by the providers or users whether directly contributed by the user or contributed by us or a third party on behalf of the user, including, without limitation, participation in an interactive community, forum or blog or any other content provided by a user to the Site. We are not responsible for user-contributed contents, this includes information that a user or any other person provided to a third party website or mobile application that is then provided to our Site by a tool we offer or any other exchange of user-contributed content we have authorised.Users remain responsible for reviewing their provider-contributed content to ensure it is accurate and not misleading.All third party services on the Site are the sole responsibility of the providers (who may be the owner/manager or duly authorised agent of the business) and we specifically disclaim any and all liability arising from the alleged accuracy of the services or any alleged breaches of contract on a user's part.Provider are solely responsible for keeping their property/business information up-to-date on the Site, including, but not limited to, any and all representations about any service, its details, price and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, user content reviews, comment entries, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where users have searched for specific services.
Social Media or Third-Party WebsitesGraeme offers tools or services that allows us to access or use any profile or other information about you that you have provided to Facebook or another third-party website and you decide to use such tool or service, you acknowledge and agree that the information or content that is a part of your Social Media Site profile, which you have designated as “public” may be accessed and used by us in connection with the Site.
Notification of Infringement and DMCA PolicyWe respect the intellectual property rights of others, and Graeme does not permit or tolerate the posting of any content on the Site that infringes any person's copyright. We will terminate, in appropriate circumstances, a provider or user who is the source of repeat infringement of copyright. Should you become aware of such copyright infringement please contact us at firstname.lastname@example.org.
Links to Third-Party SitesThis Site may contain links and pointers to other Internet sites, resources and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third-party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
Limitation of LiabilityIn no event will Graeme, or its subsidiaries, affiliates, officers, directors, consultants, agents and/or employees or any third-party provider of a service or tool offered be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from (a) our site, (b) these terms, (c) any breach of these terms by you or a third party, (d) use of the site, tools or services we provide, or any third party provider provides, related to the business we operate on the site, by you or any third party (e) any user-contributed content, (f) interaction between our site and any third party site, including without limitation a social media site, facilitated by a tool or service on our site and/or (g) any actual or attempted communication or transaction, including without limitation, any payment transaction (even if we or any third party provider receives a fee in connection therewith) between users, in each case, even if we have been advised of the possibility of such damages. these limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law.If you are dissatisfied with the site, you do not agree with any part of the terms, or have any other dispute or claim with or against us, any third party provider or any user of the site with respect to these terms or the site, then your sole and exclusive remedy against us is to discontinue using the site. In all events, our liability, and the liability of any member of the Graeme, to you or any third party in any circumstance arising out of or in connection with the site is limited to the greater of (a) the amount of fees you pay to us in the twelve months prior to the action giving rise to liability or (b) $100.00 in the aggregate for all claims.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROVIDERSIn addition to being bound by the terms set forth above, providers who advertise on the Site are also bound by the following terms, which are in addition to any other terms agreed to in connection with purchasing or renewing a listing.
Providers Eligibility and Accuracy of InformationOur services may only be used by providers who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each member represents and covenants that all information submitted to us and to the Site during such provider’s registration with the Site shall be true and correct. Each member further agrees to promptly provide notice to the Site by contacting us as provided above under “Contact Us” regarding any updates to any such contact information previously submitted by such member to the Site.
Additional Member RepresentationsEach provider represents and covenants that it owns and/or has all necessary rights and authority to offer for rent and to rent the property or operate the tour business listed by such provider.Upon our request, each provider agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property. If you are a tenant who is listing a home, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, condominium or apartment. Listing your home may be a violation of your lease or contract and could result in legal action against you by your landlord, including possible eviction.
Content, Layout and CopyAll content and copy edits submitted by providers are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine in our sole discretion does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member. All content must meet these Terms. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to ensure that the content complies with our formatting requirements. Members are responsible for reviewing and ensuring that any content displayed on the Site appears as the member intended.
PhotographsPhotographs should portray the vacation rental or tour operation as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us. By submitting a photograph to us, the provider represents and warrants that (a) it holds all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph.
Hypertext LinksWe reserve the right to refuse hypertext links to, or addresses of, other web sites from providers' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
Subscription Payments; Automatic Renewal of Subscription PaymentsPayment for subscription listings must be made to us in U.S. Dollars paid by major credit. Any subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration as the previous term and at the then-current non-promotional subscription rate. The automatic renewal feature allows your service to remain uninterrupted at the expiration of your then-current term.If you wish to turn off auto-renewal or cancel your subscription, you must contact us on email@example.com at least five (5) days prior to expiration of the then-current term. If your subscription does not auto-renew or expires at the end of your then-current subscription term and you desire to renew your subscription, you will be required to pay the then-current non-promotional subscription rate to renew your subscription or to activate a new subscription.If you do not turn off auto-renewal and you continue to use our subscription service, you re-affirm and authorise us to charge your form of payment at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current, non-promotional subscription rate for the same product or service.If the product or service that you last purchased has changed in any way or is no longer offered, you agree and authorise us to charge your form of payment at the renewal of your subscription term for a product or service that is the most similar, as determined by us, to the product or service that you previously purchased, even if the price of such product or service is not the same as the prior product or service that you purchased. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary.
Subscription Term and Refund RequestsAll subscription services are sold to run the full term that is chosen by the provider. The term starts on the date that the member submits the full or initial (as applicable) payment and expires one year thereafter. For example, for an annual subscription term, if the member submits payment for the subscription on July 1st, the subscription would expire on June 30 of the following year. If you renew your subscription, or if your subscription automatically renews, your services will remain online for the new subscription period without refund.All products are sold “as is”. You assume the responsibility for your purchase, and no refunds will be issued. You may contact us within 120 days from the purchase date if you wish to exchange your purchase for a product of equal or lesser value. If you choose to exchange you purchase for an item of lesser value, there will be no refund for the difference in price.
Termination of Listings; Other RemediesIf, in our sole discretion, any provider submits unsuitable material to our Site or into our database, is not abiding by local rental regulations and is creating a nuisance in its community, misuses the Site or our on-line system or is in material breach of these Terms, we reserve the right to limit the provider’s use of the Site, impact the provider’s listing(s) and/or terminate such provider’s listing immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a provider’s listing or business practices that, in our sole discretion, warrants the immediate removal of such provider’s listing from the Site (for example, and without limitation, if a provider double-books a property for multiple travelers on the same date, or engages in any practice that, in our sole discretion, would be considered deceptive, unfair or improper within the vacation rental industry or in an on-line marketplace for vacation rentals, if we determine or suspect that the provider’s payment-related practices or procedures are not secure, legal or otherwise proper, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such provider’s listing(s) or subscription(s) without notice to the provider and without refund. We assume no duty to investigate complaints. Finally, if any provider is abusive or offensive to any employee or representative of Graeme, we reserve the right to terminate such provider’s service(s) or subscription(s) immediately without refund.Additionally, you agree to defend and indemnify Graeme, its affiliated companies, and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these Terms or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Site.