SCOPE OF AGREEMENT
These terms are agreed to and understood by using our services by and between Abodeca, Inc, acting as marketing platform for rental listings only and not in any way as a booking agent (hereinafter referred to as “Marketplace”) and agreeing entities (hereinafter referred to as “Host” and “Guest”), regarding the marketing of a pre-agreed portfolio of property(s) (hereinafter referred to as the ("PORTFOLIO"), with the objective of recording the nature of the relationship they have established. Such relationship being characterized by the following points:
ROLE OF MARKETPLACE: THE MARKETPLACE AGREES TO:
(i) Sales promotion and booking procedures
Make a concerted effort to find rental Customers (hereinafter referred to as a “GUEST”) for the purpose of occupying the Hosts properties for periods of time (hereinafter referred to as “Rental Periods”). The Marketplace will promote the rental properties of the Host through various marketing outlets. The Marketplace will obtain and deal with initial enquiries, acquire guest data to be shared with the host and will then pass transaction, deposit and balance responsibilities to the Host.
(ii) Booking conditions
Bookings will occur solely in the Hosts environment if a compatible API is established. If not, the Marketplace will only be sending over a “Guest Lead” containing the potential “Guest” contact info at which point any booking would occur out of the Marketplace. If a compatible API is available and Marketplace receives back a “Success” message from the API then Marketplace will provide the customer with a “Success” message that clearly states that the booking relationship is between the Host and Customer and will clearly display the Hosts contact info.
(iii) Receipts and Confirmations
Host understands that after an initial “Success” message is given to the Customer that then the Marketplace we have no further communication with the Customer regarding the booking. Host agrees to provide the Guest with:
(iv) a receipt following the balance payment, stating the amount taken on behalf of the Host, making it clear that the Customer is conducting business with the Host and that the Host is the Customers point of contact for the booking.
(v) Cancellation and amendment procedure
Host agrees to inform and assist the Customer of any obligations to pay cancellation/amendment charges where a client requests the cancellation or amendment of a booking. Host understands that the Marketplace has no responsibility in regard to cancellations, refunds and any payment related issues.
ROLE OF HOST: THE HOST HEREBY UNDERTAKES TO:
(i) Provision of accurate information
Provide the Marketplace with the Host’s complete booking terms and conditions. The Host will make the Portfolio available to the Marketplace for the purpose of marketing a rental to any Customer approved by the Host that may be interested in occupying the property for a specific period of time.
Hold the Marketplace indemnified against any liability arising from the failure of the Host to properly perform its contract with a Customer.
(iii) Duty to correspondence
(a) Be responsible for dealing with all Customer correspondence made after receipt of the Lead or Success booking messages.
(b) Be responsible for dealing with all property related Customer queries whilst and after the Customer is on property.
ROLE OF GUEST: THE GUEST AGREES TO:
GUESTS can search and browse HOST properties on the Abodeca marketplace. To get a quote or contact a host directly, Guests must submit to allowing for collection of their data to be shared with both the HOST and ABODECA. Guest agrees that at no time is Abodeca liable for any disputes, merchant transactions, content, accuracy of quote, or any inaccurate content.
Guarantees: Each Party shall keep in strict confidence all financial matters, all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to it by the other party or its agents. Abodeca Inc agrees that all ‘data’ in respect of introduced customers will be handled in compliance with the Data Protection Act.
Please note: ABODECA makes no representations or guarantees that information on the Sites is accurate. ABODECA asks users who submit content to affirm that any information in the content is accurate, but ABODECA does not verify the accuracy of the information submitted by users. All content on the Sites is provided solely to assist users in exercising their own best judgment and at their own risk.
ABODECA INTELLECTUAL PROPERTY
ABODECA retains all right, title and interest, including all intellectual property rights, in and to the information and content on the Sites, including, without limitation, any text, graphics, logos, buttons, icons, images and audio clips (“ABODECA Content”). In addition, this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by ABODECA, including ABODECA’s registered trademarks, service marks, logos, brand names, trade dress and trade names (“Trademarks”).
You have no rights in or to such ABODECA Content or Trademarks and you will not use any ABODECA Content or Trademarks, except as specifically permitted under this Agreement. You may not do or allow anyone else to do anything with the ABODECA Content or Trademarks which is not specifically permitted under this Agreement. You may not use or display ABODECA’s Trademarks in any manner without ABODECA’s prior written consent. Unless we specifically consent in writing, ABODECA’s Trademarks may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion, or in any manner that disparages or discredits ABODECA.
Unless otherwise specifically set forth on the Sites or unless written consent is provided, you may only use and access, download and copy the ABODECA Content for your personal, non-commercial use, and you will not alter, erase or otherwise obscure our copyright, trademark, proprietary or other notices on the ABODECA Content. You acknowledge and agree that the ABODECA Content is made available for informational and educational purposes only, and is provided to assist you in exercising your own judgment. ABODECA Content is not a substitute for legal advice or your best judgment. The accuracy of ABODECA Content is not guaranteed, and ABODECA makes no representation or warranty of any kind. Unless otherwise specifically specified on the Sites, such as a ABODECA rating or alert, ABODECA Content should not be construed as a representation of the opinions of ABODECA. ABODECA does not give legal advice. Your reliance upon ABODECA Content obtained through the Sites is solely at your own risk. All rights not expressly granted in this Agreement are reserved to us.
You expressly agree that the Site may only be used for lawful purposes as governed by any applicable international, national/federal, state, provincial or local laws, statutes, and regulations. You may not use the Site in any way that could result in criminal or civil liability. Use of the Site from outside of the United States shall be in compliance with the laws of the jurisdiction from which you access the Site.
DISCLAIMER OF WARRANTY
ABODECA DOES NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF THE SITES AND DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE SITES. THE SITES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. ABODECA DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE NOT SUBJECT TO EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITES IS ACQUIRED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You agree to indemnify and hold harmless ABODECA and its respective officers, directors, employees, agents, independent contractors or licensors (collectively the "ABODECA Parties") from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the ABODECA Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) your use of the Site and any material you access using the Site or by any other means; (ii) a third party's use of such material that you access using the Sites and make available to such third party; or (iii) your violation of this Agreement or any applicable law. You further agree that you will cooperate fully in the defense of any such claims. ABODECA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of the relevant ABODECA Parties.
LIMITATION OF LIABILITY
Under no circumstances shall ABODECA be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, including but not limited to, damages for lost profits, business interruption, goodwill or other intangible losses of any kind arising from or relating in any way to (i) your use of, or inability to use, the Sites or the information contained in the Sites; (ii) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; and (iii) any other matter relating to the Sites, even if advised of the possibility of such damages.
ABODECA may immediately suspend access to the Sites and remove and discard any Content you submitted to the Sites for any reason if ABODECA believes you have violated or acted inconsistently with the terms of this Agreement. Termination of your access to the Sites may be effected without prior notice. ABODECA will not be liable to you or any third-party for termination of your access to the Sites.
Your use of the Sites does not create, and nothing contained in this Agreement will be deemed to establish, an employment, agency, franchise, joint venture or partnership relationship between you and ABODECA. Use of the Sites does not provide you with the authority to enter into any agreements for or on behalf of ABODECA. Moreover, use of the Sites does not grant you the authority, either express or implied, to incur obligations or liability on behalf of ABODECA. By using the Sites, you agree that no attempts to subject ABODECA to any such obligations or liability will be made.
Failure by ABODECA to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
CHOICE OF LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, U.S.A., without regard to its conflict of laws rules. You agree that you will notify ABODECA in writing of any claim or dispute concerning or relating to your use of the Sites and give ABODECA a reasonable period of time to address it before bringing any legal action, either individually or as a class member against ABODECA. You agree to submit to the personal jurisdiction of the state and federal courts located in the City and County of Arlington, Virginia, U.S.A.
This Agreement shall be subject to any other agreements you have entered into with ABODECA. If any such agreements conflict with the terms of the instant Agreement, the other agreements shall control.
Certain sections or pages on the Sites may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. Should there be a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
ABODECA reserves the right to modify this Agreement at any time, with or without notice to you. Thus, you should check the Agreement periodically for changes. You agree that ABODECA will not be liable to you or any third party for any modifications to the Agreement.
The headings of Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.
This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.