Exclusive Venue (Referred as “Exclusive Venue”, “we”, “us”, or “our” in the following content) is a website that provides a platform for connecting Landlords (who list accommodations to rent on our site) and Guests (who seek to rent the listed accommodations). This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By visiting, using or otherwise dealing with the Services, you agree to the Terms, whether or not you become a User. If you do not agree to these terms, please immediately stop using the Services and leave this Site. Exclusive Venue may amend this agreement from time to time. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
- Use of the website As a condition of your use of this Website, you warrant that
(i) you are at least 18 years of age,
(ii) you possess the legal authority to create a binding legal obligation,
(iii) you will use this Website in accordance with this Agreement,
(iv) you will only use this Website to make legitimate requests for you or for another person for whom you are legally authorized to act,
(v) all information supplied by you on this Website is true, accurate, current and complete.
- Accommodation Listings
(i) You may request to list your accommodations on Exclusive Venue. You should fill in the form information when requesting to list a venue to the best of your ability.
(ii) All information you allow Exclusive Venue to list on the website in should be valid as your listings could be made public information on the site. Users may request to book your accommodation based on the information you provided on the listing.
(iii) You agree that once a booking has been confirmed by you, the price for the corresponding booking cannot be changed.
(iv) You represent and warrant that your Listings and the booking of and guest stays at an accommodation in your Listing
(a) do not breach any agreements,
(b) comply with all applicable laws including zoning laws, and
(c) do not conflict with the rights of third parties. Exclusive Venue is not responsible and has no liability for a landlord’s compliance with any agreements, applicable laws or third-party rights.
(v) You are solely responsible for your own acts and omissions and for those of any individuals who reside at or are otherwise present at the accommodation at your request or invitation, including guests. You are strongly encouraged to obtain appropriate insurances for your accommodations.
(vi) You understand and agree that Exclusive Venue does not act as an insurer or as a contracting agent for you as a host.
- Exclusive Venue’s Role
(i) Exclusive Venue is not an owner or operator of any accommodations. Exclusive Venue does not sell, resell, furnish, provide, rent, license, manage or control hotels, motels, home-stays, lodgings or accommodations of any kind.
(ii) Exclusive Venue is not an agent representing hosts or guests of any kind of accommodations listed on the website.
(iii) Exclusive Venue operates the site, which provides an online portfolio for both hosts and guests to browse, arrange for and book accommodations. Exclusive Venue works with hosts to help market their listings to its community of users, and Exclusive Venue provides functions that enable guests and hosts to decide on booking offers and acceptance respectively.
(iv) Exclusive Venue, as the operator of the site, also provides additional services to users, including:
- (a) facilitating payment transactions between guests and hosts;
(b) enforcing the applicable cancellation and refund policies where appropriate; and
(c) providing customer support to help answer questions from and resolve issues encountered by users.
- Intellectual Property Rights
(i) Our intellectual property. Material on our site (including the name and style of Exclusive Venue but excluding third-party content) is protected by rights of publicity, copyright, trademark, trade secret and other applicable proprietary rights and intellectual property laws. Except as expressly authorized by us, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, create derivative works from or otherwise deal with this material.
(ii) Your use of our intellectual property. You may not retrieve data or other content from our site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or similar, whether by manual methods, through the use of bots, crawlers, spiders or otherwise. You may not display any portion of the site in a frame or any content from our site through in-line links, unless we have provided our prior written consent which you may request at email@example.com. You may establish ordinary links to the homepage of our site without our written permission and use embedded html widgets, if we have provided them.
- Prohibited Activities The license to use the website only extends to the uses expressly described herein. The content and information on this website (including, but not limited to, price and availability of vacation rental properties), as well as the infrastructure used to provide such content and information, are proprietary to us or our suppliers and providers. You agree not to otherwise modify copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this website. Additionally, you agree not to:
(i) Use this website or its contents for any commercial purpose;
(ii) Make, or use the website to make, any speculative, false, or fraudulent reservation, reservation request or any reservation in anticipation of demand;
(iii) Access, monitor, reproduce, upload, republish, distribute, transmit, display or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) Violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;
(v) Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, adversely affects the performance of the website, or infringes on our copyright or the copyright of our suppliers;
(vi) Deep-link to any portion of this website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
(vii) “frame”, “mirror” or otherwise incorporate any part of this website into any other website without our prior written authorization;
(viii) Take any action that may undermine the feedback or ratings systems, including posting false, inaccurate or misleading feedback, ratings and reviews;
(ix) Sell, offer for sale, transfer, or license any portion of the website in any form to any third parties; or
(x) Post or transmit any spam, false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by this agreement.
- Cancellations and Refunds No refunds are given for using less than the total purchased hours on the Event Date. If the event date needs to be cancelled, any down payment, balance or fee is non-refundable except for the security deposit. If the Event Date is then re-booked by other client(s) at the same monetary value, Exclusive Venue will refund the down payment and balance payment. If the Event Date needs to be rescheduled, Exclusive Venue will allow the Client(s) to reschedule to an available future date subject to pricing changes if the rescheduling request happens within 14 days of the original Event Date. It is understood that for reason outside the control of Exclusive Venue, such reason(s) shall be determined at the sole discretion of the Exclusive Venue, the Event may be postponed and/or cancelled up to 2 days before the Event Date at the sole and absolute discretion of Exclusive Venue. Exclusive Venue will then either propose a new Event Date or a Refund as the case may be. In no event shall the Client be entitled to any compensation and/or financial damages and/or any right, claim of any sort against Exclusive Venue. The Client shall only be entitled to receive an amount equal to the amount already paid to Exclusive Venue stated in the contractual agreement.
- Local and International Laws Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Hong Kong or the country in which you reside, as well as all laws relating to accommodations and the use thereof.
- Disclaimer of Warranties; Limitation of Liabilities
(i) You expressly agree that use of services provided by Exclusive Venue is at your sole risk. The information goods and services are provided on an “as is” and “as available” basis.
(ii) Exclusive Venue expressly disclaims all warranties or representations of any kind, whether express or implied, including but not limited to warranties of title, merchantability and quality, fitness for a particular purpose and no infringement of any rights of the third party.
(iii) Exclusive Venue makes no warranty that the information goods and services will meet your requirements, or that the said information goods and services and their use and results will be free from interruption, timely secure, accurate, safe, reliable or error free. Exclusive Venue also makes no warranty that any defects in software and hardware will be corrected.
(iv) Exclusive Venue also makes no warranty as to results or quality of any information or services obtained or purchased from or through our website or applications.
(v) In no event Exclusive Venue, or any party involved in creating, producing or providing any contents, materials, goods and/or services through our site or applications shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of revenue or anticipated profits, loss of business, goodwill, data or other intangible losses even if Exclusive Venue has been advised of the possibility of such damages resulting from
- (i) the inaccuracy, invalidity or incompleteness of the contents and materials;
(ii) use of or inability to use our services;
(iii) the cost of procurement of substitute goods and/or services resulting from any goods data, information or services purchased or obtained through our website, application and services;
(iv) unauthorized access to or alteration of your transmission or information; and
(vi) other matters related to Exclusive Venue. In the event of any of the said circumstances results from the gross negligence or willful act of Exclusive Venue, the claims that Exclusive Venue may account shall be limited to the amount of fees (if any) paid to Exclusive Venue for the use of goods and/or services.
(vii) Exclusive Venue disclaims any liability for any of losses of or damages due to its failure to perform its undertakings or provide any of the services attributable to any events or circumstances beyond Exclusive Venue’s control (including but not limited to delay or error in transmission of any content) or any implementation or amendments of the applicable laws, conventions and regulations or restrictions imposed by the government or relevant authorities, or fires, rainstorms, typhoons, thunders, earthquakes, riots, wars or any other natural disasters.
(viii) If you are dissatisfied with the website or the service, you do not agree with any part of the terms, or have any other dispute or claim with or against Holimood with respect to the terms of the website or the service, and then your sole and exclusive remedy shall be to discontinue using the website.
(ix) In case the terms and conditions have discrepancy in Chinese and English versions, the English version shall prevail.
- Indemnity You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including reasonable legal fees, arising out or relating to your use of the services or your breach of these terms.
- Notice Notices to you may be made via either email or regular mail. We may also provide notices of changes to the agreement or other matters by displaying notices or links to notices to you generally on the website.
- Contact If you have any questions about these terms or report any violations of this agreement to our customer service, please contact us firstname.lastname@example.org