1. INTRODUCTION
Thank you for choosing Ahimsabnb. These Terms of Service (the “Terms”) cover your rights and obligations relating to your access and use of the Ahimsabnb website and related services (the “Services”). Any reference to “we”, “our”, and “us” in this Policy refers to Ahimsabnb, Inc., which operates the Services. In addition to these Terms, please review the Ahimsabnb Privacy Policy, which describes our practices related to collection and use of your information to provide the Services. These Terms apply to our Privacy Policy as well. By using the Services, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.
PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICES.
Do not hesitate to contact us via email (info@ahimsabnb.com) or through our “Contact Support” page on our website if you have any questions or want to discuss either of these important documents.
2. AGE POLICY
The Services are exclusively for those 18 years of age or older. BY USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. We do not intend that the Services be used by anyone under 13 years old. If we learn or have reason to suspect that a user is under 13 years of age, we will promptly delete any personal information in that user’s Account.
3. DEFINITIONS
In addition to other words defined throughout these Terms, the following words shall have the following corresponding meanings:
“Account” means the account established by a Member in order to post Listings as a Host, or to request and establish Bookings as a Guest.
“Booking” means the result after (1) a Host accepts and confirms a Guest’s request for travel accommodations or experience, (2) we process the payment as described in these Terms, and (3) we provide the relevant location and contact details to both Host and Guest.
“Host” means anyone who posts a Listing on the Services.
“House Rules” means the terms, conditions, or rules posted on a Listing and which the Host requires a Guest who seeks accommodations to follow. House Rules may include, and are not limited to, requirements for: security deposits, cancelations, dietary restrictions, pet or smoking restrictions, check-in and checkout times, and any other rules in compliance with applicable laws.
“Listing” means the public information provided by a Host to us about the accommodations available to rent by Guests as part of the Services. Listings shall include any House Rules. You acknowledge and agree that any information contained in your Listing may be available to the Ahimsabnb community, the general public, and may appear in related Internet searches.
“Members” means Hosts and Guests collectively.
“Profile” means the information provided to us by Members to aid in the ease of using the Services including, but not limited to, personal details such as photos, hobbies/interests, location, dietary preferences, or any other relevant personal details. You acknowledge and agree that any information contained in your Profile will be accurate and may be available to the Ahimsabnb community, the general public, and may appear in related Internet searches. Ahimsabnb may require a copy of government issued ID for verification and this information shall remain private.
“Guest” means one who seeks and/or books accommodations using the Services.
“Vegan”, for purposes of these Terms, means a person who abstains from the consumption of all animal-based food products including, including milk.
“Vegetarian”, for purposes of these Terms, means a person who abstains from the consumption of animal meat including, fish or eggs.
“The Ahimsa Way”, in the context of a Host, means a representation and warranty made by a Host that the Host agrees to accurately select the dietary status of his listing as “100% Vegan”, “100% Vegetarian”, “100% Vegetarian & Vegan”, “Veg Friendly”, or “No food”. When it applies, Host shall not store, transport, or prepare any non-Vegan or non-Vegetarian foods anywhere within the legal premises of the property during the time of the Guest’s scheduled stay.
“The Ahimsa Way”, in the context of a Guest, means a representation and warranty made by a Guest to respect all the dietary rules and status set by the Host, and when it applies, to maintain a Vegan or Vegetarian lifestyle during his entire stay, and not to store, transport or prepare any non-Vegan or non-Vegetarian foods anywhere within the legal premises of the Host’s property during the time of the Guest’s scheduled stay.
4. AHIMSABNB IS ONLY A PLATFORM TO FACILITATE AGREEMENTS; BOOKINGS ARE AGREEMENTS BETWEEN HOSTS AND TRAVELERS
The Services are provided to you as a platform to facilitate Guests seeking travel accommodations with Hosts. We do not own or manage any of the properties listed as part of the Services. When a Guest and a Host collectively complete a Booking using the Services, the Guest and Host may enter into an agreement with each other regarding the terms and conditions of the Booking, including any House Rules imposed by the Host and the terms and conditions related to any Additional Services offered by the Host. The Guest and the Host must adhere to the agreed upon price at time of payment. Ahimsabnb may process the payment of the booking and shall withhold Host’s funds until after the Guest’s check-in. It is the responsibility of the Host and the Guest to make arrangements the Guest’s arrival.
All Guests and Hosts are responsible for honoring the agreement between them, including any House Rules imposed by the Host as part of the Booking. We are NOT a party to any such agreement between Guests and Hosts, and we do not assume any responsibility for compliance with the terms of such agreement.
You understand and agree that (1) we are providing the Services solely as an independent platform to help connect Guests and Hosts to each other, (2) we are not a party to any agreement between Travelers and Hosts established in the process of creating a Booking, and (3) we assume no responsibility or liability for any activities or claims that may arise from a Booking or from any use of the Services. You further understand and agree that Ahimsabnb is simply a facilitator and payment processor.
5. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS
You agree that you will abide by all laws, rules, regulations, and agreements that may apply to you. Such laws may include, but are not limited to, land use laws such as zoning ordinances, permits, and licenses; homeowners association, condominium, lease, or rental agreements; local, state, and federal taxes; compliance with laws regarding safety; and any other applicable laws. We assume no responsibility for your compliance with any law, rule, regulation, or agreement. We reserve the right to investigate, and seek applicable remedies for, violations of applicable law to the fullest extent of the law.
6. WE ARE NOT AN INSURER
You understand and agree that we neither are nor act as an insurer, and we do not provide insurance. We recommend that all Hosts and Guests obtain proper insurance for their accommodations prior to creating a Listing.
7. DIETARY REPRESENTATIONS
By using the Services, you agree that you will strictly uphold The Ahimsa Way (as applicable). Additionally, if you are a Host, you may include additional dietary restrictions in your House Rules, such as raw food, nut-free, gluten-free, or high carb-low fat. By including any additional dietary restrictions in your House Rules, you agree to strictly honor those restrictions within the accommodations that are part of your Listing. Similarly, if you are a Guest and make a Booking with a Host who has imposed additional dietary restrictions in his/her House Rules, you agree to strictly honor such restrictions during the time of your scheduled stay.
8. KITCHEN RENTALS
As part of the Services, Hosts and Travelers will have the opportunity to list and book kitchens. All terms and conditions of using the Services contained in these Terms are applicable to the use of kitchen. These include, but are not limited to, the need to comply with all applicable laws (Section 5) and the need to comply with The Ahimsa Way dietary representations (Section 7).
As consideration for listing and using a kitchen, you understand and agree that:
As a Host, you will are not obliged to provide any ingredients or prepared food items to Travelers, unless stated otherwise in your listing.
As a Guest, you will entitled to receiving any ingredients or prepared food items from Hosts, unless stated in the Host listing. You may be responsible for supplying your own ingredients and preparing your own meals, and you agree not to sell or otherwise distribute any food items to people outside of the property.
Further, you understand and agree that you are solely responsible for compliance with all laws, rules, and regulations applicable to kitchen and cooking including, but not limited to, any applicable licensing requirements, safety compliance obligations, taxes, and others.
As a Host, you may list and book a kitchen during the term of an overnight Guest’s stay at your accommodations, to a different Guest. However, you must properly accommodate and inform both Guests about the other’s use of your facilities.
9. WE ARE NOT RESPONSIBLE FOR ADDITIONAL SERVICES OFFERED BY HOSTS
As a Host, you may offer additional services, which may include, but are not limited to: yoga, pilates, acupuncture, massage therapy, personal training, wellness coaching, or meal preparation (such services are collectively referred to as “Additional Services”). If you choose to offer Additional Services, you agree that you are solely responsible for compliance with all laws, rules, and regulations applicable to the Additional Services you offer through the Services including, but not limited to, any applicable licensing requirements, safety compliance obligations, taxes, and others. You acknowledge and agree that all Additional Services shall be agreed outside of the Services, and that we are not a party to any such arrangement or agreement for Additional Services.
We do not endorse or corroborate Member’s Listings, and we do not assume the responsibility to verify the accuracy and truth of the content of Members’ Listings. As such, we will not be responsible for any misrepresentation made by a Member on the Services with respect to any Additional Services offered by the Member.
10. ACCOUNT CREATION & RULES
A user without an Account can browse Listings on the Services. However, in order to post a Listing or to request a Booking, all Members must create an Account. As a Member, you are limited to one active Host Account and one Guest Account. To create an Account, you must provide us with your name and email address. You will also need to establish a password for your Account. Please see our Privacy Policy for more information on our practices related to collection and use of your data.
You are solely responsible for keeping your Account information, including password, safe. You may not use another Member’s Account. If you become aware of any unauthorized use of your Account, you must promptly notify us of such use. You agree that we will not be liable for any loss that you incur if someone else uses your Account or password, either with or without your knowledge, and that you will be solely responsible for such use, whether or not you authorized the use.
In addition to the information required to create an Account, you will be able to provide us with information for your public Profile, which may include personal details that you provide voluntarily, such as phone number, city and state where you live, photos, hobbies, interests, place of work, dietary preferences, and other relevant information. By voluntarily including any information on your public Profile, you understand and agree that the information may be available to the Ahimsabnb community, the general public, and may appear in related Internet searches.
You agree to provide complete, accurate, and updated information regarding your Account and to update your public Profile as necessary to keep it complete and accurate. We may suspend or terminate your Account in the event that we determine that you have misrepresented information on your Account or your public Profile.
We may ask you for a photo ID for verification, and this will be kept privately. You agree to provide a copy of your ID when required by Services.
We may, at our sole discretion, feature specific Listings, Hosts, and Travelers on the Services. You grant us permission to feature your Listing and/or Member Profile on the Services. You further acknowledge and agree that Featured Listings and Members are not an endorsement by us, and that we are not responsible for the accuracy or content of such featured Listings and Members. Any Bookings made by Guests for Featured Listings are made at your own risk and are subject to these Terms.
11. LISTING CREATION & RULES
As a Host, you will have the opportunity to create multiple property Listings as part of your Account. To create a Listing, you will provide us with applicable information about your accommodations, including the general location of the accommodations, accurate descriptions, dietary restrictions, Additional Services, House Rules, pricing, photos, and the amount (if any) of a Security Deposit.
In addition to the general location of the accommodations, which will be listed publicly on your Listing, you are required to provide us at least the city and country of your location. Additionally you are also required to provide a complete address of your location in your personal profile. This information will not be included in your Listing, but may only be visible to us and to the Guest once a Booking has been completed.
Please note that the Listing requires you to include only a general location of the Listing to be made public to users, and you assume all responsibility if you include the exact address of your accommodations on your Listing.
You agree to provide complete, accurate, and updated information regarding your Listing and to update your Listing as necessary to keep it complete and accurate. Once a Booking has been completed, you are required to provide accommodations consistent with your Listings. Failure to do so may result in cancellation fees and/or termination of your Account, as described in Section 17 below.
12. ONLINE IDENTITY AND REPUTATION VERIFICATION
As part of our Services, you may be asked verify your online identity. You may be asked to verify your identity by confirming your phone number, email address, and taking a photograph of your passport or government issued ID, and/or yourself together with your passport. Once this information is provided, a check mark will appear on your profile to indicate that you are verified.
13. NO OUTSIDE TRAVEL ACCOMMODATIONS
If you find Guests, Hosts and/or Listings through the Services, you must use the Services as your exclusive method to request, book and pay for the accommodations. You may not arrange, or attempt to arrange, travel accommodations outside of the Services with a Host or Guest that you found through the Services. If we determine that you have violated this non-circumvention policy, we may suspend or terminate your Account.
14. PAYMENTS
As a Host, you may require, as part of the “Payment Information” section of your Listing, that Guests pay a deposit prior to arrival (“Booking Deposit”).
If you choose Ahimsabnb to process booking payments for you hosts shall pay a service fee between 3% of total booking cost to cover credit card processing charges. Booking payouts are transferred to the Host after the arrival of Guest via Host’s preferred method of receiving payment and the 3% fee is deducted at the time of transfer.
When using the Services, Hosts and Travelers promise to adhere to the price and terms set forth during the time of Booking. Any changes in price or refunds must be agreed between the parties. Ahimsabnb may help in mediating attenuating circumstances, however Host and Guest agree to abide by their previous agreements and/or the cancelation policies of the listing. Host and Guest agree that prior agreements shall prevail in case of dispute or in the case of lack of mutual resolution. Host and Guest understand that Ahimsabnb may function only as mediator between the parties. Once a booking has been made all parties are liable to each other in their mutual agreement.
15. SECURITY DEPOSITS
As a Host, you may also require, as part of the “Payment Information” section of your Listing, that Guests provide a deposit that may be used for any damages incurred as a result of the Guests’ use of your property (“Security Deposit”). Ahimsabnb shall return the security deposit to the Guest after Guest checkout. Host will have up to 24 hours to issue a claim with Ahimsabnb in case of property damage. A successful claim may require exact description of the occurred, photos and videographic evidence, receipts, and additional documentation. Ahimsabnb will attempt to mediate the issue between Host and Guest. Hosts or Guests who are found to be engaged in deceptive practice of any kind, particularly in connection to Security Deposits, shall have their account terminated.
16. AHIMSABNB SERVICE FEES
In consideration for your use of the Services, we may, at our sole discretion, choose to include a service fee to be collected by us through the Booking process (our “Service Fees”). We reserve the right to raise or reduce our Service Fees at any time without prior notice or consent.
The booking funds will be transferred to the Host within 24 hours after the Guest’s check-in. Ahimsabnb shall retain a Transfer Fee of 3% when the money is transferred to the Host’s bank account or PayPal account in order to account for credit card processing charges.
17. CANCELLATION & REFUNDS
In the event of a cancellation by Host of a completed Booking, we shall refund the full Booking Amount and Service Fee paid by a Guest, and a penalty will be issued to the Host in the form of a charge of the same Service Fee originally paid by Guest for that Booking. Otherwise, any Service Fees paid to Ahimsabnb is non-refundable, regardless of the reason for the cancellation.
It is the sole responsibility of the Guest and Host to contact one another in the event of a cancellation and to agree upon the terms of the cancellation, whether cancellation is to be made prior to the arrival of Guest or during the Guests’s scheduled stay (e.g. if Guest has to leave early due to an emergency).
If you are a Host, you must include your cancellation policy in your Listing. You must also contact Ahimsabnb if you have to cancel a Booking so we can work with the Guest to find them alternative suitable accommodations.
We reserve the right to charge additional cancellation fees to the Host or Guest that cancels the Booking. In addition, we also reserve the right to suspend or terminate the Account of any Host or Guest that cancels a completed Booking without good reason.
18. REVIEWS
After the final day of a scheduled Booking, Guests and Hosts will be prompted to write a summary of their experience (a “Review”). You acknowledge and agree that Reviews will be included on your public Profile and will be available to the Ahimsabnb community and the general public. You acknowledge and agree that you will not be able to delete, modify, or hide a Review left by a Member. Further, you acknowledge and agree that you may not provide any form of compensation or remuneration to another Member in exchange for a favorable or unfavorable Review.
19. NEWS / BLOG IS INFORMATIONAL ONLY
As part of the Services, we will maintain a blog and other information on the Ahimsabnb platform. The material posted on the blog, or elsewhere as part of the Services, is strictly for informational purposes and shall not be construed or relied upon as professional advice of any kind including, but not limited to, medical, legal, tax, or other professional advice.
20. INFORMATION YOU PROVIDE TO US
As an integral part of our Services, you have the ability to provide us with information about yourself and your listings through your Account, by giving us access to information collected by third parties, and by distributing information about yourself and your listings on our Services. By providing this information, you grant us the right to distribute, reproduce, and submit this information as described in these Terms and our Privacy Policy. Further, by providing us with information about you and your listings through our Services, you represent that you own, or have the authority to distribute, the information.
21. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
We reserve the right to suspend and/or terminate the Account of any Member who is found to have infringed on the intellectual property rights of Members, third parties, or us, or otherwise is found to have violated intellectual property laws. In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on our Services, and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must send it to:
Ahimsabnb
info@ahimsabnb.com
22. YOUR USE OF OTHERS’ INTELLECTUAL PROPERTY
Although you may provide information as part of your use of the Services, you agree to be respectful of others’ intellectual property rights. You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property laws or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third party rights caused by any information that is generated from your Account.
23. THIRD PARTY SITES AND SERVICES
Our Services may be integrated with services provided by third parties as part of the functionality of the Services including, but not limited to, third party payment processors and identity verification. We have no control over third parties and make no guarantees about, and assume no responsibility for, the information or services provided by third parties.
Additionally, we may provide links to third-party websites and businesses. You acknowledge and agree that we are not responsible for the accuracy, content, or functionality of services provided on or by such third-party websites or businesses, and we do not endorse, nor assume any liability related to your use of, such websites or businesses in any way.
24. ACCOUNT TERMINATION
At any time, you may terminate your Account by sending an email to info@ahimsabnb.com . When you terminate your Account as specified above, we will remove your information from our servers within a reasonable amount of time, unless we are required to retain your information by law as described in our Privacy Policy.
We reserve the right to suspend or terminate your Account, or take other action to prevent your access to our Services, if we, in our sole discretion, deem that such action is necessary based on: your use of the Services in a way that would potentially expose us to liability; disruption of the Services by you to other Members; your violation of these Terms or our Privacy Policy; your violation of any applicable House Rules including, but not limited to, The Ahimsa Way (as applicable); or your violation of any applicable local of federal laws, rules, regulations, and agreements that may apply to you.
25. PROPER USE OF THE SERVICES
You shall not violate or attempt to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or Account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services.
26. INAPPROPRIATE CONTENT PROHIBITED
You agree not to post or make available any inappropriate content on the Services including, but not limited to, libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or advertise or otherwise solicits funds for goods or services. If you post inappropriate content, we may remove such content from our servers, and we may suspend or terminate your Account.
27. SOFTWARE
The software, including all files and images contained in the Services, and accompanying data (“Software”) are the property of us. As part of these Terms, we grant you a nonexclusive, nontransferable, and revocable license to use the Software for your personal home use only and with the objective to use Services. You also may not decompile, reverse-engineer, disassemble, or otherwise convert the Software without our permission. This section does not apply to any component of Software that may be offered under an open source license.
28. DISCLAIMER OF WARRANTIES; “AS IS”
WE ARE MAKING THE SERVICES AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES. WE DO NOT WARRANT THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
29. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING FROM ANY CLAIM RELATED TO PERSONAL OR BODILY INJURY IN CONNECTION WITH THE USE OF THE SERVICES, ANY VIOLATIONS OF HOUSE RULES AND OTHER ASPECTS OF AGREEMENTS BETWEEN HOSTS AND TRAVELERS, ANY VIOLATIONS OF APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS (INCLUDING, BUT NOT LIMITED TO, LAND USE LAWS SUCH AS ZONING ORDINANCES, PERMITS, AND LICENSES; HOMEOWNERS ASSOCIATION, CONDOMINIUM, LEASE, OR RENTAL AGREEMENTS; LOCAL, STATE, AND FEDERAL TAXES; COMPLIANCE WITH LAWS REGARDING SAFETY; AND ANY OTHER APPLICABLE LAWS). THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.
EXCEPT AS EXPRESSED OTHERWISE IN THESE TERMS, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES EXCEED THE FOLLOWING: IF YOU ARE A GUEST, THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; IF YOU ARE A HOST, THE AMOUNTS PAID BY US TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; IF, EITHER AS A GUEST OR A HOST, NO PAYMENTS HAVE BEEN MADE BY YOU OR TO YOU, ONE HUNDRED DOLLARS ($100.00), AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU AGREE AND UNDERSTAND THAT AHIMSABNB SHALL NOT BE LIABLE TO ANY LOSS OF EARNINGS AS RESULT OF THE USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
30. INDEMNIFICATION
In the event that someone brings a claim against us related to your actions, content, or information on our Services, you agree to indemnify, defend, and hold us and our agents harmless from and against any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
31. DISPUTE RESOLUTION
You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Services in the following manner: first, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at info@ahimsabnb.com). Second, if we cannot resolve the dispute within 15 days of submission, we both agree to attempt in good faith to resolve the dispute through mediation administered by the International Arbitration Association under its Commercial Mediation Procedures, the costs of which shall be divided equally between you and us. Third, if we cannot resolve the dispute through informal resolution and mediation, we both agree to participate in binding arbitration administered by the International Arbitration Association under its Commercial Arbitration Rules. We both agree that, in the event of arbitration (or in the event of a lawsuit if this arbitration clause is deemed invalid or does not apply to a given dispute) the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). The forum for mediation or arbitration required by this section shall be in Dublin, Ireland, unless otherwise agreed to in writing by you and us.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.
32. GOVERNING LAW, VENUE, & PERSONAL JURISDICTION
These Terms shall be governed by the laws of the Ireland, without regard to conflict of law provisions. In the event that a lawsuit is filed where permitted under the provisions above, or in the event that the provisions above are found not to apply to you or a given dispute, we both agree that any judicial proceeding will be brought in courts of Dublin, Ireland. Both you and we consent to venue and personal jurisdiction there.
33. SEVERABILITY; WAIVER
If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
34. CHANGES TO THESE TERMS
As we improve our Services, we may add to, change, update, or modify these Terms. Any time that we plan on making a material change to these Terms, we will notify you at least 30 days prior to making the change by sending you an email. If you continue to use the Services after that 30 day period, you consent to the new Terms. We will always have the latest version of these Terms posted on our website.
35. CONTACT US
We encourage you to provide input, questions, concerns, comments, and any other relevant information to us to help us improve the quality of the Services. Additionally, please let us know of any suspicious or offensive behavior or anything that violates these Terms. You can reach us either via the “Contact Support” section of our website or via e-mail at info@ahimsabnb.com
36. HEADINGS USED
The section headings contained in these Terms of Service are for reference purposes only and shall not affect the meaning or interpretation of these Terms in any way.
Effective 1 July 2023