TERMS & CONDITIONS
Thank
you for using 7onis!
These
Terms of Service constitute a legally binding agreement between you and 7onis (as
defined below) governing your access to and use of the 7onis website, including
any subdomains thereof, and any other websites through which 7onis makes its
services available, our mobile, tablet and other smart device applications, and
application program interfaces and all associated services. The Site,
Application and 7onis Services together are hereinafter collectively referred
to as the “7onis Platform”. Our Host
Guarantee Terms, Guest
Refund Policy, Nondiscrimination Policy and
other Policies applicable to your
use of the 7onis Platform are incorporated by reference into this Agreement.
When
these Terms mention “7onis,” “I,” “we,”
“us,” or “our,” it refers to the 7onis company
you are contracting with. Your contracting entity will generally be determined
based on your Country of Residence. Your “Country of Residence” is the
jurisdiction associated with your 7onis Account as determined by either your express selection or
by 7onis’s assessment of your residence using various data attributes
associated with your 7onis Account.
Our
collection and use of personal information in connection with your access to
and use of the 7onis Platform is described in our Privacy Policy.
Any
and all payment processing services through or in connection with your use of
the 7onis Platform are provided to you by one or more 7onis
Payments entities as set out in
the Payments
Terms of Service.
Hosts
alone are responsible for identifying, understanding, and complying with all
laws, rules and regulations that apply to their Listings and Host Services. For
example, some cities have laws that restrict their ability to host paying
guests for short periods or provide certain Host Services. In many cities,
Hosts may have to register, get a permit or obtain a license before providing
certain Host Services (such as preparing food, serving alcohol for sale,
guiding tours or operating a vehicle). Host are alone responsible for
identifying and obtaining any required licenses, permits, or registrations for
any Host Services they offer. Certain types of Host Services may be prohibited
altogether. Penalties may include fines or other enforcement. We provide some
information in our Help Center to help you identify
some of the obligations that apply to you. If you have questions about how
local laws apply to your Listing(s) and Host Service(s) on 7onis, you should
always seek legal guidance.
- Scope of 7onis Services
- Eligibility, Using the 7onis Platform, Member
Verification
- Modification of these Terms
- Account Registration
- Content
- Service Fees
- Terms specific for Hosts
- Terms specific for Guests
- Booking Modifications, Cancellations and Refunds,
Resolution Center
- Ratings and Reviews
- Damage to Accommodations, Disputes between Members
- Rounding off, Currency conversion
- Taxes
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Disclaimers
- Liability
- Indemnification
- Dispute Resolution
- Feedback
- Applicable Law and Jurisdiction
- General Provisions
1.1
The 7onis Platform is an online marketplace that enables registered users and
certain third parties who offer to publish such Host Services on the 7onis Platform and to communicate and transact directly with
Members that are seeking to book such Host Services. Host Services may include
the offering of vacation or other properties for use, single or multi-day
activities in various categories, access to unique events and locations, and a
variety of other travel and non-travel related services.
1.2
If you choose to use the 7onis Platform as a Host or Co-Host (as defined
below), your relationship with 7onis is limited to being an independent,
third-party contractor, and not an employee, agent, joint venture or partner of
7onis for any reason, and you act exclusively on your own behalf and for your
own benefit, and not on behalf, or for the benefit, of 7onis. You acknowledge
and agree that you have complete discretion whether to list Host Services or
otherwise engage in other business or employment activities.
1.3
To promote the 7onis Platform and to increase the exposure of Listings to
potential Guests, Listings and other Member Content may be displayed on other
websites, in applications, within emails, and in online and offline
advertisements. To assist Members who speak different languages, Listings and
other Member Content may be translated, in whole or in part, into other
languages. 7onis cannot guarantee the accuracy or quality of such translations
and Members are responsible for reviewing and verifying the accuracy of such
translations. The 7onis Platform may contain translations powered by Google.
Google disclaims all warranties related to the translations, express or
implied, including any warranties of accuracy, reliability, and any implied
warranties for merchantability, fitness for a particular purpose and
non-infringement.
1.4
The 7onis Platform may contain links to third-party websites or resources. Such
Third-Party Services may be subject to different terms and conditions and
privacy practices. 7onis is not responsible or liable for the
availability or accuracy of such Third-Party Services, or the content,
products, or services available from such Third-Party Services. Links to such
Third-Party Services are not an endorsement by 7onis of such Third-Party Services.
1.5
Due to the nature of the Internet, 7onis cannot guarantee the continuous and
uninterrupted availability and accessibility of the 7onis Platform.
7onis may restrict the
availability of the 7onis Platform
or certain areas or features thereof, if this is necessary in view of capacity
limits, the security or integrity of our servers, or to carry out maintenance
measures that ensure the proper or improved functioning of the 7onis Platform. 7onis may improve, enhance and modify the 7onis
Platform and introduce new 7onis
Services from time to time.
2.
Eligibility, Using the 7onis Platform, Member Verification
2.1
You must be at least 18 years old and able to enter into legally binding
contracts to access and use the 7onis
Platform or register an 7onis
Account. By accessing or using
the 7onis Platform you represent and warrant that you are 18 or older and have
the legal capacity and authority to enter into a contract.
2.2
You will comply with any applicable export control laws in your local
jurisdiction. You also represent and warrant that (i) neither you nor your Host
Service(s) are located or take place in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a
"terrorist supporting" country, and (ii) you are not listed on any
U.S. Government list of prohibited or restricted parties.
2.3
7onis may make access to and use of the 7onis Platform, or certain areas or
features of the 7onis Platform, subject to certain conditions or requirements,
such as completing a verification process, meeting specific quality or
eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s
booking and cancellation history.
2.4
User verification on the Internet is difficult and we do not assume any
responsibility for the confirmation of any Member’s identity. Notwithstanding
the above, for transparency and fraud prevention purposes, and as permitted by
applicable laws, we may, but have no obligation to (i) ask Members to provide a
form of government identification or other information or undertake additional
checks designed to help verify the identities or backgrounds of Members, (ii)
screen Members against third party databases or other sources and request
reports from service providers, and (iii) where we have sufficient information
to identify a Member, obtain reports from public records of criminal
convictions or sex offender registrations or an equivalent version of
background or registered sex offender checks in your local jurisdiction (if
available).
2.5
The access to or use of certain areas and features of the 7onis Platform may be
subject to separate policies, standards or guidelines, or may require that you
accept additional terms and conditions. If there is a conflict between these
Terms and terms and conditions applicable to a specific area or feature of the 7onis
Platform, the latter terms and conditions will take precedence with respect to
your access to or use of that area or feature, unless specified otherwise.
3.
Modification of these Terms
7onis
reserves the right to modify these Terms at any time in accordance with this
provision. If we make changes to these Terms, we will post the revised Terms on
the 7onis Platform and update the “Last Updated” date at the top of these
Terms. We will also provide you with notice of the modifications by email at
least thirty (30) days before the date they become effective. If you disagree
with the revised Terms, you may terminate this Agreement with immediate effect.
We will inform you about your right to terminate the Agreement in the
notification email. If you do not terminate your Agreement before the date the
revised Terms become effective, your continued access to or use of the 7onis Platform
will constitute acceptance of the revised Terms.
4.1
You must register an account to access and use certain features of the 7onis Platform,
such as publishing or booking a Listing. If you are registering an 7onis Account for a company or other legal entity, you
represent and warrant that you have the authority to legally bind that entity
and grant us all permissions and licenses provided in these Terms.
4.2
You can register an 7onis Account using an email address and creating a
password, or through your account with certain third-party social networking
services, such as Facebook or Google. You can disable the connection between
your 7onis Account and your SNS Account at any time, by accessing
the "Settings" section of the 7onis Platform.
4.3
You must provide accurate, current and complete information during the
registration process and keep your 7onis Account and public 7onis Account profile page information up-to-date at all times.
4.4
You may not register more than one (1) 7onis Account unless 7onis authorizes you to do so. You may not assign or otherwise
transfer your 7onis Account to another party.
4.5
You are responsible for maintaining the confidentiality and security of your 7onis
Account credentials and may not disclose your credentials to any third party.
You must immediately notify 7onis if you know or have any reason to suspect
that your credentials have been lost, stolen, misappropriated, or otherwise
compromised or in case of any actual or suspected unauthorized use of your 7onis
Account. You are liable for any and all activities conducted through your 7onis
Account, unless such activities are not authorized by you and you are not
otherwise negligent (such as failing to report the unauthorized use or loss of
your credentials).
4.6
7onis may enable features that allow you to authorize other Members or certain
third parties to take certain actions that affect your 7onis Account. For
example, we may allow eligible Members or certain third parties to book
Listings on behalf of other Members, or we may allow Hosts to add other Members
as Co-Hosts (as defined below) to help manage their Listings. These features do
not require that you share your credentials with any other person. No third
party is authorized by 7onis to ask for your credentials, and you shall not
request the credentials of another Member.
5.1
7onis may, at its sole discretion, enable Members to (i) create, upload, post,
send, receive and store content, such as text, photos, audio, video, or other
materials and information on or through the 7onis Platform.
5.2
The 7onis Platform, 7onis Content, and Member Content may in its entirety or in
part be protected by copyright, trademark, and/or Greek and other countries.
You acknowledge and agree that the 7onis Platform and 7onis Content, including
all associated intellectual property rights, are the exclusive property of 7onis and/or its licensors or authorizing third-parties. You
will not remove, alter or obscure any copyright, trademark, service mark or
other proprietary rights notices incorporated in or accompanying the 7onis Platform,
7onis Content or Member Content. All trademarks, service marks, logos, trade
names, and any other source identifiers of 7onis used on or in connection with
the 7onis Platform and 7onis Content are trademarks or registered trademarks of
7onis in Greece and
abroad. Trademarks, service marks, logos, trade names and any other proprietary
designations of third parties used on or in connection with the 7onis Platform,
7onis Content, and/or Collective Content are used for identification purposes only
and may be the property of their respective owners.
5.3
You will not use, copy, adapt, modify, prepare derivative works of, distribute,
license, sell, transfer, publicly display, publicly perform, transmit,
broadcast or otherwise exploit the 7onis Platform or Collective Content, except
to the extent you are the legal owner of certain Member Content or as expressly
permitted in these Terms. No licenses or rights are granted to you by
implication or otherwise under any intellectual property rights owned or
controlled by 7onis or its licensors, except for the licenses and rights
expressly granted in these Terms.
5.4
Subject to your compliance with these Terms, 7onis grants you a limited,
non-exclusive, non-sublicensable, revocable, non-transferable license to (i)
download and use the Application on your personal device(s); and (ii) access
and view any Collective Content made available on or through the 7onis Platform
and accessible to you, solely for your personal and non-commercial use.
5.5
By creating, uploading, posting, sending, receiving, storing, or otherwise
making available any Member Content on or through the 7onis Platform, you grant
to 7onis a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or
for the term of the protection), sub-licensable and transferable license to
such Member Content to access, use, store, copy, modify, prepare derivative
works of, distribute, publish, transmit, stream, broadcast, and otherwise
exploit in any manner such Member Content to provide and/or promote the 7onis
5.6
7onis may offer Hosts the option of having professional photographers take
photographs of their Host Services, which are made available by the
photographer to Hosts to include in their Listings with or without a watermark
or tags. You are responsible for ensuring that your Host Service is accurately
represented in the Verified Images and you will stop using the Verified Images
on or through the 7onis Platform if they no longer accurately represent your
Listing, if you stop hosting the Host Service featured, or if your 7onis Account
is terminated or suspended for any reason. You acknowledge and agree that 7onis
shall have the right to use any Verified Images for advertising, marketing
and/or any other business purposes in any media or platform, whether in
relation to your Listing or otherwise, without further notice or compensation
to you.
5.7
You are solely responsible for all Member Content that you make available on or
through the 7onis Platform. Accordingly, you represent and warrant that: (i)
you either are the sole and exclusive owner of all Member Content that you make
available on or through the 7onis Platform or you have all rights, licenses,
consents and releases that are necessary to grant to 7onis the
rights in and to 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 7onis’s use of the Member
Content (or any portion thereof) will infringe, misappropriate or violate a
third party's patent, copyright, trademark, trade secret, moral rights or other
proprietary or intellectual property rights, or rights of publicity or privacy,
or result in the violation of any applicable law or regulation.
5.8
You will not post, upload, publish, submit or transmit any Member Content that:
(i) is fraudulent, false, misleading (directly or by omission or failure to
update information) or deceptive; (ii) is defamatory, libelous, obscene,
pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry,
racism, hatred, harassment or harm against any individual or group; (iv) is
violent or threatening or promotes violence or actions that are threatening to
any other person or animal; (v) promotes illegal or harmful activities or
substances; or (vi) violates 7onis’s Content Policy or any other 7onis policy.
7onis may, without prior notice, remove or disable access to
any Member Content that 7onis finds to be in violation of these Terms or 7onis’s
then-current Policies or Standards,
or otherwise may be harmful or objectionable to 7onis, its Members, third
parties, or property.
5.9
7onis respects copyright law and expects its Members to do the same. If you
believe that any content on the 7onis Platform infringes copyrights you own,
please notify us in accordance with our Copyright
Policy.
6.1
Terms applicable to all bookings
6.1.1
Subject to meeting any requirements (such as completing any verification
processes) set by 7onis and/or the Host, you can book a Listing available on
the 7onis Platform by following the respective booking process. All applicable
fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee
and any applicable Taxes (collectively, “Total Fees”) will be presented
to you prior to booking a Listing. You agree to pay the Total Fees for any
booking requested in connection with your 7onis Account.
6.1.2
Upon receipt of a booking confirmation from 7onis, a legally binding agreement
is formed between you and your Host, subject to any additional terms and
conditions of the Host that apply, including in particular the applicable
cancellation policy and any rules and restrictions specified in the Listing. 7onis
Payments will collect the Total Fees at the time of the booking request or upon
the Host’s confirmation pursuant to the Payments
Terms. For certain bookings, Guests may be required to pay or
have the option to pay in multiple installments.
6.1.3
If you book a Host Service on behalf of additional guests, you are required to
ensure that every additional guest meets any requirements set by the Host and
is made aware of and agrees to these Terms and any terms and conditions, rules
and restrictions set by the Host. If you are booking for an additional guest
who is a minor, you represent and warrant that you are legally authorized to
act on behalf of the minor. Minors may only participate in an Experience, Event
or other Host Service if accompanied by an adult who is responsible for them.
6.2
Booking Accommodations
6.2.1
You understand that a confirmed booking of an is a limited license granted to
you by the Host to enter, occupy and use the Accommodation for the duration of
your stay, during which time the Host (only where and to the extent permitted
by applicable law) retains the right to re-enter the Accommodation, in
accordance with your agreement with the Host.
6.2.2
You agree to leave the Accommodation no later than the checkout time that the
Host specifies in the Listing or such other time as mutually agreed upon
between you and the Host. If you stay past the agreed upon checkout time
without the Host's consent, you no longer have a license to stay in the
Accommodation and the Host is entitled to make you leave in a manner consistent
with applicable law. In addition, you agree to pay, if requested by the Host,
for each twenty-four (24) hour period (or any portion thereof) that you
Overstay, an additional nightly fee of up to two (2) times the average nightly
Listing Fee originally paid by you to cover the inconvenience suffered by the
Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by
the Host to make you leave . Overstay Fees for late checkouts on the checkout
date that do not impact upcoming bookings may be limited to the additional
costs incurred by the Host as a result of such Overstay. If you Overstay at an
Accommodation, you authorize 7onis to charge you to collect Overstay Fees. A
Security Deposit, if required by a Host, may be applied to any Overstay Fees
due for a Guest’s Overstay.
6.3
Booking Experiences, Events and other Host Services
6.3.1
You should carefully review the description of any Experience, Event or other
Host Service you intend to book to ensure you (and any additional guests you
are booking for) meet any minimum age, proficiency, fitness or other
requirements which the Host has specified in their Listing. At your sole
discretion you may want to inform the Host of any medical or physical
conditions, or other circumstances that may impact your and any additional
guest’s ability to participate in any Experience, Event or other Host Service.
In addition, certain laws, like the minimum legal drinking age in the location
of the Experience, Event or other Host Service, may also apply. You are
responsible for identifying, understanding, and complying with all laws, rules
and regulations that apply to your participation in an Experience, Event or
other Host Service.
6.3.2
Before and during an Experience, Event or other Host Service you must at all
times adhere to the Hosts’ instructions.
6.3.3
You may not bring any additional individuals to an Experience, Event or other
Host Service unless such an individual was added by you as an additional guest
during the booking process on the 7onis Platform.
7.
Booking Modifications, Cancellations and Refunds, Resolution Center
7.1
Hosts and Guests are responsible for any modifications to a booking that they
make via the 7onis Platform or direct 7onis customer service to make, and agree
to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes
associated with such Booking Modifications.
7.2
Guests can cancel a confirmed booking at any time pursuant to the Listing’s
cancellation policy, and 7onis Payments will refund the amount of the Total
Fees due to the Guest in accordance with such cancellation policy.
7.3
If a Host cancels a confirmed booking, the Guest will receive a full refund of
the Total Fees for such booking within a commercially reasonable time of the
cancellation. In some instances, 7onis may allow the Guest to apply the refund
to a new booking, in which case 7onis Payments will credit the amount against
the Guest’s subsequent booking at the Guest’s direction. Further, 7onis may
publish an automated review on the Listing cancelled by the Host indicating
that a booking was cancelled. In addition, 7onis may keep the calendar for the
Listing unavailable or blocked for the dates of the cancelled booking
7.4
For Experiences, Events and other Host Services, if inclement weather creates
an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a
Host Service. If there is a substantial change in the itinerary or the Host
Service needs to be cancelled, 7onis will work with the Host and/or Guests to
provide Guests an alternative date for the Host Service, an appropriate refund
or a rebooking.
7.5
If, as a Host, your Guest cancels a confirmed booking or 7onis decides that it is necessary to cancel a confirmed
booking, and 7onis issues a refund to the Guest in accordance with the guest refund policy, or other applicable
cancellation policy, you agree that in the event you have already been paid, 7onis
Payments will be entitled to recover the amount of any such refund from you,
including by subtracting such refund amount out from any future Payouts due to
you.
7.6
Except as otherwise set out in these Terms, Members may use the stay@7onis.com
to send or request money for refunds, additional Host Services, Co-Host
Services or Damage Claims related to bookings. You agree to pay all amounts
sent through the stay@7onis.com in connection with your 7onis Account, and 7onis
Payments will handle all such payments.
8.1
Within a certain timeframe after completing a booking, Guests and Hosts can
leave a public review and submit a star rating about each other. Ratings or
Reviews reflect the opinions of individual Members and do not reflect the
opinion of 7onis. Ratings and Reviews are not verified by 7onis for accuracy
and may be incorrect or misleading.
8.2
Ratings and Reviews by Guests and Hosts must be accurate and may not contain
any offensive or defamatory language.
8.3
Members are prohibited from manipulating the Ratings and Reviews system in any
manner, such as instructing a third party to write a positive or negative
Review about another Member.
8.4
Ratings and Reviews are part of a Member’s public profile and may also be
surfaced elsewhere on the 7onis Platform (such as the Listing page) together
with other relevant information such as number of bookings, number of
cancellations, average response time and other information.
9.
Damage to Accommodations, Disputes between Members
9.1
As a Guest, you are responsible for leaving the Accommodation (including any
personal or other property located at the Accommodation) in the condition it
was in when you arrived. You are responsible for your own acts and omissions
and are also responsible for the acts and omissions of any individuals whom you
invite to, or otherwise provide access to, the Accommodation, excluding the
Host (and the individuals the Host invites to the Accommodation, if
applicable).
9.2
If a Host claims and provides evidence that you as a Guest have damaged an
Accommodation or any personal or other property at an Accommodation , the Host
can seek payment from you through the stay@7onis.com .
If a Damage Claim escalates to 7onis, you will be given an opportunity to
respond. If you agree to pay the, or 7onis determines in its sole discretion
that you are responsible for the Damage Claim, 7onis will collect any such sums from you and/or
against the credit/debit card required to cover the Damage Claim pursuant to
the Payments
Terms. 7onis also reserves the right to otherwise collect
payment from you and pursue any remedies available to 7onis in this regard in
situations in which you are responsible for a Damage Claim, including, but not
limited to, in relation to any payment requests made by 7onis.
9.3
Members agree to cooperate with and assist 7onis in good faith, and to provide 7onis
with such information and take such actions as may be reasonably requested by 7onis,
in connection with any Damage Claims or other complaints or claims made by
Members relating to (i) Accommodations or any personal or other property
located at an Accommodation (including, without limitation, payment requests
made under the 7onis Host Guarantee), (ii) Experiences, (iii) Co-Host
agreements, or (iv) a Group Payment Booking. A Member shall, upon 7onis’s reasonable
request and at no cost to the Member, participate in mediation or a similar
resolution process with another Member, which process will be conducted by 7onis
or a third party selected by 7onis or its insurer, with respect to losses for
which a Member is requesting payment from 7onis (including but not limited to
payments under the 7onis Host Guarantee).
9.4
If you are a Guest you understand and agree that 7onis may make a claim under
your homeowner's, renter's or other insurance policy related to any damage or
loss that you may have caused, or been responsible for, to any personal or
other property (including an Accommodation) of the Host (including without
limitation amounts paid by 7onis under the 7onis Host Guarantee). You agree to
cooperate with and assist 7onis in good faith, and to provide 7onis with such information
as may be reasonably requested by 7onis, to make a claim under your
homeowner's, renter's or other insurance policy, including, but not limited to,
executing documents and taking such further acts as 7onis may reasonably
request to assist 7onis in accomplishing the foregoing.
7onis
generally supports payment amounts that are payable from or to Guests or Hosts
to the smallest unit supported by a given currency. Where 7onis’s third-party
payment services provider does not support payments in the smaller unit
supported by a given currency, 7onis may, in its sole discretion, round up or
round down amounts that are payable from or to Guests or Hosts to the nearest
whole functional base unit in which the currency is denominated (i.e. to the
nearest dollar, Euro or other supported currency); for example, 7onis may round
up an amount of $101.50 to $102.00, and round down an amount of $101.49 to
$101.00.
11.1
As a Host you are solely responsible for determining your obligations to
report, collect, remit or include in your Listing Fees any applicable VAT or
other indirect sales taxes, occupancy tax, tourist or other visitor taxes or
income taxes.
11.2
Tax regulations may require us to collect appropriate Tax information from
Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to
provide us with documentation that we determine to be enough to alleviate our
obligation (if any) to withhold Taxes from payouts to you, we reserve the right
to freeze all payouts, withhold such amounts as required by law, or to do both,
until resolution.
11.3
You understand that any appropriate governmental agency, department and/or
authority where your Accommodation is
located may require Taxes to be collected from Guests or Hosts on Listing Fees,
and to be remitted to the respective Tax Authority. The laws in jurisdictions
may vary, but these Taxes may be required to be collected and remitted as a
percentage of the Listing Fees set by Hosts, a set amount per day, or other
variations, and are sometimes called "transient occupancy taxes,"
"hotel taxes," "lodging taxes," "city taxes,"
"room taxes" or "tourist taxes".
11.4
In certain jurisdictions, 7onis may decide in its sole discretion to facilitate
collection and remittance of Occupancy Taxes from or on behalf of Guests or
Hosts, in accordance these Terms if such jurisdiction asserts 7onis or Hosts
have an Occupancy Tax collection and remittance obligation. In any jurisdiction
in which we decide to facilitate direct Collection and Remittance, you hereby
instruct and authorize 7onis to collect Occupancy Taxes from Guests on the
Host's behalf at the time Listing Fees are collected, and to remit such Occupancy
Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected
and remitted by 7onis will be visible to and separately stated to both Guests
and Hosts on their respective transaction documents. Where 7onis is
facilitating Collection and Remittance, Hosts are not permitted to collect any
Occupancy Taxes being collected by 7onis relating to their Accommodations in
that jurisdiction.
11.5
You agree that any claim or cause of action relating to 7onis’s facilitation of Collection and Remittance of Occupancy
Taxes shall not extend to any supplier or vendor that may be used by 7onis
in connection with facilitation
of Collection and Remittance, if any. Guests and Hosts agree that we may seek
additional amounts from you in the event that the Taxes collected and/or
remitted are insufficient to fully discharge your obligations to the Tax
Authority, and agree that your sole remedy for Occupancy Taxes collected is a
refund of Occupancy Taxes collected by 7onis from the applicable Tax Authority
in accordance with applicable procedures set by that Tax Authority.
11.6
7onis reserves the right, with prior notice to Hosts, to cease the Collection
and Remittance in any jurisdiction for any reason at which point Hosts and
Guests are once again solely responsible and liable for the collection and/or
remittance of any and all Occupancy Taxes that may apply to Accommodations in
that jurisdiction.
12.1
You are solely responsible for compliance with any and all laws, rules,
regulations, and Tax obligations that may apply to your use of the 7onis Platform.
In connection with your use of the 7onis Platform, you will not and will not
assist or enable others to:
- breach
or circumvent any applicable laws or regulations, agreements with
third-parties, third-party rights, or our Terms, Policies or Standards;
- use
the 7onis Platform or Collective Content for any commercial or other
purposes that are not expressly permitted by these Terms or in a manner
that falsely implies 7onis endorsement, partnership or otherwise misleads
others as to your affiliation with 7onis;
- copy,
store or otherwise access or use any information, including personally
identifiable information about any other Member, contained on the 7onis Platform
in any way that is inconsistent with 7onis’s Privacy
Policy or
these Terms or that otherwise violates the privacy rights of Members or
third parties;
- use
the 7onis Platform in connection with the distribution of unsolicited
commercial messages ("spam");
- offer,
as a Host, any Accommodation that you do not yourself own or have
permission to make available as a residential or other property through
the 7onis Platform;
- unless
7onis explicitly permits otherwise, book any Listing if you will not
actually be using the Host Services yourself;
- contact
another Member for any purpose other than asking a question related to a
your own booking, Listing, or the Member's use of the 7onis Platform,
including, but not limited to, recruiting or otherwise soliciting any
Member to join third-party services, applications or websites, without our
prior written approval;
- use
the 7onis Platform to request, make or accept a booking independent of the
7onis Platform, to circumvent any Service Fees or for any other reason;
- request,
accept or make any payment for Listing Fees outside of the 7onis Platform
or 7onis Payments. If you do so, you acknowledge and agree that you: (i)
would be in breach of these Terms; (ii) accept all risks and
responsibility for such payment, and (iii) hold 7onis harmless from any
liability for such payment;
- discriminate
against or harass anyone on the basis of race, national origin, religion,
gender, gender identity, physical or mental disability, medical condition,
marital status, age or sexual orientation, or otherwise engage in any
violent, harmful, abusive or disruptive behavior;
- use,
display, mirror or frame the 7onis Platform or Collective Content, or any
individual element within the 7onis Platform, 7onis’s name, any 7onis trademark,
logo or other proprietary information, or the layout and design of any
page or form contained on a page in the 7onis Platform, without 7onis’s express
written consent;
- dilute,
tarnish or otherwise harm the 7onis brand in any way, including through
unauthorized use of Collective Content, registering and/or using 7onis or
derivative terms in domain names, trade names, trademarks or other source
identifiers, or registering and/or using domains names, trade names, trademarks
or other source identifiers that closely imitate or are confusingly
similar to 7onis domains,
trademarks, taglines, promotional campaigns or Collective Content;
- use
any robots, spider, crawler, scraper or other automated means or processes
to access, collect data or other content from or otherwise interact with
the 7onis Platform for any purpose;
- avoid,
bypass, remove, deactivate, impair, descramble, or otherwise attempt to
circumvent any technological measure implemented by 7onis or any of 7onis’s
providers or any other third party to protect the 7onis Platform;
- attempt
to decipher, decompile, disassemble or reverse engineer any of the
software used to provide the 7onis Platform;
- take
any action that damages or adversely affects, or could damage or adversely
affect the performance or proper functioning of the 7onis Platform;
- export,
re-export, import, or transfer the Application except as authorized by
United States law, the export control laws of your jurisdiction, and any
other applicable laws; or
- violate
or infringe anyone else’s rights or otherwise cause harm to anyone.
12.2
You acknowledge that 7onis has no obligation to monitor the access to or use of
the 7onis Platform by any Member or to review, disable access to, or edit any
Member Content, but has the right to do so to (i) operate, secure and improve
the 7onis Platform (including without limitation for fraud prevention, risk
assessment, investigation and customer support purposes); (ii) ensure Members’
compliance with these Terms; (iii) comply with applicable law or the order or
requirement of a court, law enforcement or other administrative agency or
governmental body; (iv) respond to Member Content that it determines is harmful
or objectionable; or (v) as otherwise set forth in these Terms. Members agree
to cooperate with and assist 7onis in good faith, and to provide 7onis with
such information and take such actions as may be reasonably requested by 7onis with
respect to any investigation undertaken by 7onis or a representative of 7onis regarding
the use or abuse of the 7onis Platform.
If
you choose to use the 7onis Platform or Collective Content, you do so
voluntarily and at your sole risk. The 7onis Platform and Collective Content is
provided “as is”, without warranty of any kind, either express or implied.
You
agree that you have had whatever opportunity you deem necessary to investigate
the 7onis Services, laws, rules, or regulations that may be applicable to your
Listings and/or Host Services you are receiving and that you are not relying
upon any statement of law or fact made by 7onis relating to a Listing.
If
we choose to conduct identity verification or background checks on any Member,
to the extent permitted by applicable law, we disclaim warranties of any kind,
either express or implied, that such checks will identify prior misconduct by a
Member or guarantee that a Member will not engage in misconduct in the future.
You
agree that some Experiences, Events, other Host Services, or the Group Payment
Service may carry inherent risk, and by participating in such services, you
choose to assume those risks voluntarily. For example, some Host Services may
carry risk of illness, bodily injury, disability, or death, and you freely and
willfully assume those risks by choosing to participate in those Host Services.
You assume full responsibility for the choices you make before, during and
after your participation in a Host Service or the Group Payment Service. If you
are bringing a minor as an additional guest, you are solely responsible for the
supervision of that minor throughout the duration of your Host Service and to
the maximum extent permitted by law, you agree to release and hold harmless 7onis
from all liabilities and claims that arise in any way from any injury, death,
loss or harm that occurs to that minor during the Host Service or in any way
related to your Host Service.
The
foregoing disclaimers apply to the maximum extent permitted by law. You may
have other statutory rights. However, the duration of statutorily required
warranties, if any, shall be limited to the maximum extent permitted by law.
You
agree to release, defend (at 7onis’s option), indemnify, and hold 7onis and its affiliates and subsidiaries, including but not
limited to, 7onis Payments, and their officers, directors, employees and
agents, harmless from and against any claims, liabilities, damages, losses, and
expenses, including, without limitation, reasonable legal and accounting fees,
arising out of or in any way connected with (i) your breach of these Terms or
our Policies or Standards, (ii) your improper use of the 7onis Platform or any 7onis
Services, (iii) your interaction with any Member, stay at an Accommodation,
participation in an Experience, Event or other Host Service, participation in
the Group Payment Service, including without limitation any injuries, losses or
damages (whether compensatory, direct, incidental, consequential or otherwise)
of any kind arising in connection with or as a result of such interaction, stay,
participation or use, (iv) 7onis’s Collection and Remittance of Occupancy
Taxes, or (v) your breach of any laws, regulations or third party rights.
We
welcome and encourage you to provide feedback, comments and suggestions for
improvements to the 7onis Platform. You may submit Feedback by emailing us,
through the “Contact” section
of the 7onis Platform, or by other means of communication. Any
Feedback you submit to us will be considered non-confidential and
non-proprietary to you. By submitting Feedback to us, you grant us a
non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual
license to use and publish those ideas and materials for any purpose, without
compensation to you.
16.1
Except as they may be supplemented by additional terms and conditions,
policies, guidelines or standards, these Terms constitute the entire Agreement
between 7onis and you pertaining to the subject matter hereof and supersede any
and all prior oral or written understandings or agreements between 7onis and you in relation to the access to and use of the 7onis
Platform.
16.2
No joint venture, partnership, employment, or agency relationship exists
between you and 7onis as a result of this Agreement or your use of the 7onis Platform.
16.3
These Terms do not and are not intended to confer any rights or remedies upon
any person other than the parties.
16.4
If any provision of these Terms is held to be invalid or unenforceable, such
provision will be struck and will not affect the validity and enforceability of
the remaining provisions.
16.5
7onis’s failure to enforce any right or provision in these Terms will not
constitute a waiver of such right or provision unless acknowledged and agreed
to by us in writing. Except as expressly set forth in these Terms, the exercise
by either party of any of its remedies under these Terms will be without
prejudice to its other remedies under these Terms or otherwise permitted under
law.
16.6
You may not assign, transfer or delegate this Agreement and your rights and
obligations hereunder without 7onis’s prior written consent. 7onis may without restriction assign, transfer or delegate this
Agreement and any rights and obligations hereunder, at its sole discretion,
with 30 days prior notice. Your right to terminate this Agreement at any time
remains unaffected.
16.7
Unless specified otherwise, any notices or other communications to Members
permitted or required under this Agreement, will be provided electronically and
given by 7onis via email or 7onis Platform notification.
16.8
If your Country of Residence is in the EU you can access the European Commission’s
online dispute resolution platform here: http://ec.europa.eu/consumers/odr.
16.9
If you have any questions about these Terms please email
us.