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Terms & Conditions

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Terms of Service

Last Modified: July 15th, 2017

The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you and PocketInns, Inc. (the “Company” or “We”) having its registered office at [Pocketinns Inc. 601 Riverside Ave Lyndhurst NJ 07071]. In order to use the PocketInns Rental Homes or Properties (defined below) and the associated Application, Website, and Platform (each as defined below) you must agree to the terms and conditions that are set out below, including without limitation your agreement in Section 22 to arbitrate certain claims and not to participate in any class actions for claims subject to arbitration. By using the Company’s PocketInns Rental Homes or Properties and downloading, installing or using the application supplied by the Company which purpose is to enable you to use the PocketInns Rental Homes or Properties (the “Application”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future Changes to this Agreement (as set forth below). You further acknowledge and agree that you have read and understand the Company’s Privacy Policy available at  Privacy Policy (the “Privacy Policy”). The Privacy Policy, which applies to your use of the Platform and PocketInns Rental Homes or Properties, is hereby incorporated into this Agreement.

The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is provided through the Application or Website user interface, is sent to the email address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.

1. Key Content-related Terms

  • “Collective Content” means, collectively, Company Content and User Content.
  • “Content” means text, graphics, images, software (excluding the Application), video, information or other materials.
  • “Company Content” means Content that Company makes available through the Platform, including any Content licensed from a third party, but excluding User Content.
  • “Guest(s)” means those who rent PocketInns Rental Homes or Properties.
  • “Host(s)” means owners of rental properties and accommodation services.
  • “PocketInns Rental Homes or Properties” means the physical locations, including entry or access areas, and any common areas, as applicable, which are accessed through the Platform or any other means that the Company implements.

 

  • “Platform” means the Application, Website, and various related services.
  • “Reverse Bidding” means the unique process used by PocketInns in which the Guest selects up to 10 home rentals within his price range after which a random property from the customer selected property list is first assigned to him with a binding offer which is notified to the other property owners to bid on in case the currently assigned property owner rejects the customer bid for some reason.
  •  “User” means a person who accesses or uses the PocketInns Rental Homes or Properties or the Platform
  • “User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Website or Application.
  • "Website” means [www.pocketinns.com] or any other website through which the Company makes available the ability to book PocketInns Rental Homes or Properties and posts this Agreement.

2. Use

In order to be able to use the Platform or the PocketInns Rental Homes or Properties, you first need to sign up with the Company, which you can do through the Website or through the Application. When signing up, you are obligated to provide the Company with your personal information, mobile telephone number and credit card data (which will be held and processed by our third party payment provider, further details of which are set out in the paragraph below and in our Privacy Policy). Upon successful completion of your sign-up with the Company, You will be provided with a personal account (an “Account”), accessible to you by a password of your choice. You agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Platform or the PocketInns Rental Homes or Properties.

As further described in the Privacy Policy, the Company uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Platform and PocketInns Rental Homes or Properties. The processing of payments or credits, as applicable, in connection with your use of the Platform and PocketInns Rental Homes or Properties will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. The Company is not responsible for any errors by the Payment Processor.

Guests agree to be bound by and comply with any additional terms, conditions and policies provided by the owner of the Hosts who could be channel managers, property managers, home owners, home owner representatives relating to the use of their space(s), including compliance with building security procedures, IT access and use procedures provided by the Hosts (“Venue Policies”). The Venue Policies may be provided in electronic format through the Platform or in hardcopy format based on the Host’s preference.

You are responsible for all activity that occurs with respect to your Account, including, without limitation, use of the Platform and PocketInns Rental Homes or Properties. Without limiting the foregoing, for any reservation made through your Account, if other persons are present in the PocketInns Rental Homes or Properties, you do hereby agree to be fully responsible and to indemnify the Company for any violation of this Agreement or applicable laws, by-laws or regulations, even if such violation was caused by such other persons. Hosts who rent their PocketInns Rental Homes or Properties through the Platform or any other way allowed to by the Company are responsible for ensuring that they are compliant and stay up-to-date with their locality’s regulations regarding the rental of their PocketInns Rental Homes or Properties, and hereby agree to be fully responsible and to indemnify the Company for any violation of such applicable regulations.

3. Representations and Warranties

By using the Platform or PocketInns Rental Homes or Properties, you expressly represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a jurisdiction which restricts the use of the PocketInns Rental Homes or Properties because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Platform and PocketInns Rental Homes or Properties. Without limiting the foregoing, the Platform and PocketInns Rental Homes or Properties are not available to persons under the age of 18. By using the Platform or PocketInns Rental Homes or Properties, you represent and warrant that you are at least 18 years old. By using the Platform or the PocketInns Rental Homes or Properties, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Platform and/or PocketInns Rental Homes or Properties is for your sole, personal use. You may not authorize others to use your user status and/or password, and you may not assign or otherwise transfer your user account and/or password to any other person or entity. When using the Platform or PocketInns Rental Homes or Properties, you agree to comply with all applicable laws of the nation, the country, state, province, and city in which you are present while using the Platform or PocketInns Rental Homes or Properties.

You may only access the PocketInns Rental Homes or Properties using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset. The Company is likewise not liable for any bugs, problems, or issues with the Platform or PocketInns Rental Homes or Properties. The Company reserves the right to terminate this Agreement should you be using the Application with an incompatible or unauthorized device.

By using the Platform or the PocketInns Rental Homes or Properties, you agree that:

  • You will only use the Platform or Application for lawful purposes.
  • You will not use the Platform or PocketInns Rental Homes or Properties for any illegal or inappropriate purposes, including but not limited to spitting, smoking, drug use, alcohol abuse, gambling or prostitution, violent or threatening behavior, or any other purpose reasonably likely to reflect negatively on the Company or any PocketInns Rental Homes or Properties Owner.
  • You will not smoke in the PocketInns Rental Homes or Properties.
  • You will not light or allow any candles, incense sticks or naked flames in the PocketInns Rental Homes or Properties.
  • You will not bring or keep any animals in the PocketInns Rental Homes or Properties, except for service or assistance animals, which shall at all times be harnessed, leashed, or tethered, or controlled through voice, signal, or other effective controls.
  • You will not make excessive noise in the PocketInns Rental Homes or Properties, nor create any noise nor conduct any other activity which would in the Company’s or any PocketInns Rental Homes or Properties Owner’s judgment disturb other guests or other tenants in any building containing a PocketInns Rental Home or Property.
  • You will follow all additional regulations regarding the PocketInns Rental Homes or Properties, as may be communicated through the Platform, posted signs, or otherwise.
  • You will not use the Platform or PocketInns Rental Homes or Properties for sending or storing any unlawful material or for fraudulent purposes.
  • You will not install, remove or modify any fixtures, equipment, machinery or appliances in the PocketInns Rental Homes or Properties.
  • You are responsible for leaving the PocketInns Rental Homes or Properties in a clean and tidy condition.
  • Neither the Company nor any PocketInns Rental Homes or Properties Owner is responsible for any property you may leave behind in a PocketsInns Rental Home or Property. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving a PocketsInns Rental Home or Property.
  • You may be held liable (and do hereby authorize the Company to charge you) for the repair cost for all damage to the PocketInns Rental Homes or Properties and items therein during your use thereof.
  • You may be held liable (and do hereby authorize the Company to charge you) for any items which are taken from the PocketInns Rental Homes or Properties.
  • You will not use the Platform or PocketInns Rental Homes or Properties to cause nuisance, harassment, annoyance or inconvenience.
  • You will not impair the proper operation of the network.
  • You will not try to harm the Platform or PocketInns Rental Homes or Properties in any way whatsoever.
  • You will not copy, or distribute the Platform or other content without written permission from the Company.
  • You will only use your password for the Platform and PocketInns Rental Homes or Properties for your own use and will not resell or transfer it to a third party.
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the PocketInns Rental Homes or Properties.
  • You will provide the Company and/or the PocketInns Rental Homes or Properties Owner with whatever proof of identity we/they may reasonably request.
  • You will only use an access point or wireless internet connection which you are authorized to use. Additionally, when using the internet within the PocketInns Rental Homes or Properties, you shall only use it for lawful purposes, and without restricting the foregoing, you shall not use it for purposes of criminal acts, consumer fraud, etc.
  • You will wear clothing appropriate to the building’s situation while using the PocketInns Rental Homes or Properties.
  • You do hereby acknowledge that there is a capacity limit as to the number of persons permitted in a PocketsInn Rental Home or Property at any given time, and that such limit shall be posted on the Platform. You do hereby agree to adhere to such capacity limit.

You do further acknowledge that your use of the PocketInns Rental Homes or Properties does not constitute the Company or the PocketInns Rental Homes or Properties Owner granting you a lease, but is rather a limited, revocable, non-exclusive, non-transferable contractual license on the terms of this Agreement. In its sole discretion and without limiting any of the Company’s other rights hereunder, the Company may restrict your access to the PocketInns Rental Homes or Properties in the event of fraud, trespassing, or violation of this Agreement.

You further acknowledge that the Company will have the final say in all matters related to transactions on the Platform.

Insurance

Hosts must obtain appropriate insurance for their PocketInns Rental Homes or Properties.

Repair or Cleaning Fees

Guests are responsible for the cost of repair for damage to, or necessary cleaning of, PocketInns Rental Homes or Properties resulting from your violation of this Agreement or if your use of the PocketInns Rental Homes or Properties results in damage excess of normal “wear and tear.” In the event that the Company, in its reasonable discretion, determines that excessive repair or cleaning is required, the Company reserves the right to charge the payment method designated in your Account for the reasonable cost of such repair and/or cleaning, as determined through the Company’s Resolution Center at its sole discretion, as well as an additional service fee which shall not exceed in $500 U.S. Dollars per occurrence. Any such amounts are non-refundable and at the reasonable discretion of the Company. Hosts shall be responsible for reporting any such damage, as well as providing proof of any such claims, and hereby agree to have all disputes determined at the sole discretion of the Company’s Resolution Center.

4. License Grant, Restrictions and Copyright Policy

Subject to your compliance with the terms and conditions of this Agreement, Company grants you a limited, revocable, non-exclusive, non-transferable license to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense or assign the license rights granted in this section.

You will not use, copy, adapt, modify, decompile, reverse engineer, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, PocketInns Rental Homes or Properties, or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement or expressly agreed in writing by the Company.

5. License granted by User

The Company may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content including but without limitation on, through or by means of the Platform. In connection herewith, you hereby renounce and waive in favor of Company any moral rights you have or might have, now or in the future, with respect to User Content. Nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

6. Application License

Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on any mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store or Google Play (“App Store Sourced Application”), you will use the App Store Sourced Application only as permitted by the “Usage Rules” set forth in the Apple App Store’s and/or Google Play’s Terms and Conditions. Additionally, with respect to any Application accessed through or downloaded from the Apple App Store, you will use the Application only on an Apple-branded product that runs iOS (Apple’s proprietary operating system software). Company reserves all rights in and to the Application not expressly granted to you under this Agreement.

 7. Accessing and Downloading the application from the App Store or Google     Play

The following applies to any App Store Sourced Application:

  • You acknowledge and agree that (i) this Agreement is concluded between you and Company only, and not Apple or Google, and (ii) Company, not Apple or Google, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store Terms and Conditions and/or the Google Play Terms and Conditions, which you are responsible to review from time to time.
  • You acknowledge that Apple and/or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple and/or Google, and Apple and/or Google will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple and/or Google will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple and/or Google, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
  • You and Company acknowledge that, as between Company and Apple and/or Google, Apple and/or Google is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and Company acknowledge and agree that Apple and/or Google, and Apple’s and/or Google’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
  • Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way; (ii) modify or make derivative works based upon the Platform; (iii) create Internet "links" to, or "frame" or "mirror" the Platform on any other server or wireless or Internet-based device; (iv) reverse engineer the Platform, or access the Platform in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Platform, or (c) copy any ideas, features, functions or graphics of the Platform, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform.

You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights and material that could be considered as sexual or psychological harassment or of a discriminatory nature; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Platform or the data contained therein; or (v) attempt to gain unauthorized access to the Platform or its related systems or networks.

Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Platform or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Platform, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Platform.

8. Copyright Policy

The Company respects copyright law and expects its Users to do the same. It is Company’s policy to terminate in appropriate circumstances Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

9. Payment Terms

Guest payments will be paid through the Platform. Any fees which the Company may charge your stay will be determined by the Host, as will be as set out on the Platform at the time of purchase, are inclusive of any taxes payable, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, the Host’s decision to terminate your usage, disruption caused to our Platform either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing.

You do hereby agree that you shall be charged fees based on the length of time of your booking of the PocketInns Rental Homes or Properties (regardless if you only make use of the PocketInns Rental Homes or Properties for less than your booked time). If you exceed the amount of time for which you booked a PocketInns Rental Home or Property, then you shall be charged for such excess time, as well as an overage charge if such excess time conflicts with another User’s booked time, as determined by the Host. You do hereby consent to such excess time charges and to such overage charge.

Hosts will be paid by the Company via PayPal or through any lawful manner, as determined by the Company. Payments will be made by Company to Hosts after Guest’s stay is complete and within [30-60 days] days after receipt of payment by Company from Guest.

The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Platform, PocketInns Rental Homes or Properties or Application as we deem necessary for our business. We encourage you to check back at our Platform periodically to find out about how we charge for the Platform, PocketInns Rental Homes or Properties or Application.

10. Cancellation Policy

Guests will be able to choose any one cancellation policy listed below and only for instant/regular bookings (these are not valid for reverse bidding).

For all reservations, a reservation is officially cancelled when the Guest clicks the cancellation button on the cancellation page, which they can find after navigating to the Dashboard and follow the required path to cancel the reservation/booking made by the guest. Any complaints by either Party needs to be sent to the Company within twenty-four (24) hours of check-in and the Company will be the final decision maker in the event of any disputes between Guests and Hosts pertaining to the Platform.

1. Option A The Flexi Cancel: 1 day prior to check in (based on check in date and time finalized by Host), there will be a full refund, except for PocketInns Service Fees which are non-refundable. Any charged taxes (as applicable) on listing will not be refunded.

 2. Option BThe Moderate Cancel: 7 days to check in date and time (based on check in date and time finalized by Host), there will be a full refund, except PocketInns Service Fees which are non-refundable. Any charged taxes (as applicable) on listing will not be refunded.

3. Option CThe Strict Cancel: 10 days before check-in date and time (based on check in date and time finalized by Host), 50% of listing amount will be refunded, the PocketInns Service Fee will be charged, and the rest of listing amount and cleaning fee (if charged by Host) will be refunded to Guest. Any charged taxes (as applicable) on listing will not be refunded.

Please note in case of properties listed on Pocketinns by their channel partners or properties manager, Pocketinns is required to follow the channel partner and Property Manager cancellation policies which are listed below and should be strictly adhered by guest in the event of reservation, cancellations done by guests.

 

Option A – VERY STRICT -  30 days PRIOR to check in date and time (based on check in date & time finalized by host), 75% of total listing amount will be refunded and the Pocketinns service fee will be nonrefundable

 

Note: Any charged taxes (as applicable) on listing will not be refunded.

 

A reservation is officially canceled when the guest clicks the cancellation button on the cancellation page, which they can find after navigating to the Dashboard > xxxxx > Cancel. Any Complaints by either party need to be handed to Pocketinns within 24 hrs of checkin.

Guests need to note that Cancellation policies may be topped by the PocketInns Guest Refund Policy, any safety related cancellations, or mitigation worthy circumstances. Pocketinns will have the final authority and say for any and all refunds related to cancellations and all disputes

 

Option B – EXTREME STRICT -  45 days PRIOR to check in date and time (based on check in date & time finalized by host), 75% of total listing amount will be refunded and the Pocketinns service fee will be nonrefundable

 

Note: Any charged taxes (as applicable) on listing will not be refunded.

 

A reservation is officially canceled when the guest clicks the cancellation button on the cancellation page, which they can find after navigating to the Dashboard > xxxxx > Cancel. Any Complaints by either party need to be handed to Pocketinns within 24 hrs of checkin.

Guests need to note that Cancellation policies may be topped by the PocketInns Guest Refund Policy, any safety related cancellations, or mitigation worthy circumstances. Pocketinns will have the final authority and say for any and all refunds related to cancellations and all disputes

 

Guests need to note that Cancellation policies may be topped by the Company’s Guest Refund Policy, any safety related cancellations, or mitigation worthy circumstances. The Company will have the final authority and say for any and all refunds related to cancellations and all disputes.

 

11. Refund Policy

On cancellation by Host, the amount decided will be refunded as per cancellation policy and into Guest’s account within 5-7 business days. A notification e-mail will be sent to respective User about the cancellation once Guest follows the cancellation policy.

When a deal related to Reverse Bidding expires after 24 hours (i.e., no Host accepts the deal so no property is assigned to User who has already payed as per reverse bidding process) the money/amount paid by the User who bid will be refunded within 4-5 business days.

When a property that requires pre-approval from the Host to confirm the property for the Guest who has 24 hours to accept the request does not accept that request in 24 hours, the amount on hold will then be refunded within 3-5 business days.

All claims refunds will be refunded in 5-7 business days. Resolution settlement refunds will be refunded in 5-7 business days.

12. Dispute Resolution Policy

In the case a dispute arises between Users of the Platform, Users acknowledge that it is their responsibility to present all pertinent and requested information to the Company, and Users hereby agree that, such disputes between the Host and the Guest will be resolved by the Company’s Resolution Center in the Company’s sole discretion, in accordance with any policies the Company may have in place at the time. By using the Platform, you agree to comply with Section 10, including, but not limited to, any and all final determinations made by the Company in accordance with the dispute resolution process.

13. Intellectual Property Ownership

The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and the PocketInns Rental Homes or Properties and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Platform or the PocketInns Rental Homes or Properties (collectively, “Feedback”). You are not required to provide any Feedback to the Company. To the extent you do provide any Feedback to the Company, you agree to assign and hereby do assign to the Company all right, title and interest in and to such Feedback and agree that the Company may freely utilize such Feedback without compensation to you. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Platform or the PocketInns Rental Homes or Properties, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Platform and PocketInns Rental Homes or Properties are trademarks of the Company or third parties, and no right or license is granted to use them.

14. Third Party Interactions

During use of the Platform and PocketInns Rental Homes or Properties, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Platform or PocketInns Rental Homes or Properties. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, services or promotion between you and any such third party. The Company does not endorse any sites on the Internet that are linked through the Platform, PocketInns Rental Homes or Properties or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Platform and PocketInns Rental Homes or Properties to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.

The Company may rely on third party advertising and marketing supplied through the Platform or PocketInns Rental Homes or Properties and other mechanisms to subsidize the Platform or PocketInns Rental Homes or Properties. By agreeing to these terms and conditions you agree to receive such advertising and marketing. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the PocketInns Rental Homes or Properties.

15. Indemnification

By entering into this Agreement and using the Platform or PocketInns Rental Homes or Properties, you agree that you shall defend, indemnify and hold the Company, its licensors, applicable PocketInns Rental Homes or Properties Owners and each of their parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the Platform or PocketInns Rental Homes or Properties, except in each case solely to the extent any of the foregoing arises directly from the gross negligence or willful misconduct of the Company or a PocketInns Rental Homes or Properties Owner.

 

16. Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, SAFETY, ACCURACY OR COMPLETENESS OF THE PLATFORM, WEBSITE, POCKETINNS RENTAL HOMES OR PROPERTIES OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE PLATFORM, WEBSITE, APPLICATION, OR POCKETINNS RENTAL HOMES OR PROPERTIES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE WEBSITE, PLATFORM, POCKETINNS RENTAL HOMES OR PROPERTIES OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF THE POCKETINNS RENTAL HOMES OR PROPERTIES, AS WELL AS ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE, THE PLATFORM, POCKETINNS RENTAL HOMES OR PROPERTIES, OR APPLICATION WILL BE CORRECTED, OR (F) THE WEBSITE, APPLICATION, THE PLATORM OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE, POCKETINNS RENTAL HOMES OR PROPERTIES, THE PLATFORM AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMANCE WITH DESCRIPTION OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY AND POCKETINNS RENTAL HOMES OR PROPERTIES OWNERS. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE POCKETINNS RENTAL HOMES OR PROPERTIES, AS WELL AS ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE WEBSITE, THE PLATFORM, POCKETINNS RENTAL HOMES OR PROPERTIES OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, PLATFORM, APPLICATION AND POCKETINNS RENTAL HOMES OR PROPERTIES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

FOR GREATER CERTAINTY: (A) THE LOCKING MECHANISM USED ON THE POCKETINNS RENTAL HOMES OR PROPERTIES IS NOT PROVIDED BY THE COMPANY AND THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE OF THE LOCKING SYSTEM TO WORK IN ITS INTENDED MANNER, INCLUDING WITHOUT LIMITATION ANY LOSS OR THEFT OF YOUR PROPERTY; (B) THE POCKETINNS RENTAL HOMES OR PROPERTIES ARE LOCATED IN BUILDINGS WHICH ARE NOT OWNED OR MANAGED BY THE COMPANY, AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES RELATING THERETO.

ADDITIONALLY, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OF ANY POCKETINNS RENTAL HOMES OR PROPERTIES FOR ANY PARTICULAR ACTIVITY NOR ANY ACTIVITIES THAT ARE CARRIED ON IN THE POCKETINNS RENTAL HOMES OR PROPERTIES, AND SHALL NOT BE LIABLE IN ANYWAY FOR SUCH ACTIVITIES.

THE COMPANY MAKES NO REPRESENTATION REGARDING THE WIFI ACCESSIBLE IN THE POCKETINNS RENTAL HOMES OR PROPERTIES, INCLUDING WITH REGARD TO ACCESS THERETO.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17. Internet Delays

THE PLATFORM, WEBSITE, AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OF WHATSOEVER NATURE RESULTING FROM SUCH PROBLEMS.

18. Limitation of Liability

IN NO EVENT SHALL THE COMPANY'S OR ITS LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) A POCKETINNS RENTAL HOME OR PROPERTY, THE PLATFORM, WEBSITE OR APPLICATION EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR THE AMOUNT OF FIFTY U.S. DOLLARS ($50). IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE, THE PLATFORM, POCKETINNS RENTAL HOMES OR PROPERTIES, OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, THE PLATFORM, POCKETINNS RENTAL HOMES OR PROPERTIES, OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON OR WITHIN THE WEBSITE, APPLICATION, THE PLATFORM, OR POCKETINNS RENTAL HOMES OR PROPERTIES. THE FOREGOING EXCLUSIONS SHALL APPLY EVEN IF THE COMPANY AND/OR ITS LICENSORS OR ANY POCKETINNS RENTAL HOMES OR PROPERTIES OWNER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING POCKETINNS RENTAL HOMES OR PROPERTIES OFFERED VIA THE PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH POCKETINNS PLACES OWNERS OR OTHER THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY, TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, THE PLATFORM, APPLICATION OR POCKETINNS RENTAL HOMES OR PROPERTIES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE WEBSITE, APPLICATION OR POCKETINNS RENTAL HOMES OR PROPERTIES. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

THE QUALITY OF THE BUILDINGS IN WHICH THE POCKETINNS RENTAL HOMES OR PROPERTIES ARE LOCATED ARE ENTIRELY THE RESPONSIBILITY OF THE POCKETINNS RENTAL HOMES OR PROPERTIES OWNERS. YOU UNDERSTAND THAT BY USING THE PLATFORM, WEBSITE, APPLICATION AND THE POCKETINNS RENTAL HOMES OR PROPERTIES, YOU MAY BE EXPOSED TO LOCATIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE WEBSITE, APPLICATION AND THE POCKETINNS RENTAL HOMES OR PROPERTIES AT YOUR OWN RISK.

TO THE EXTENT APPLICABLE UNDER LOCAL LAW, NOTHING IN THIS AGREEMENT SHALL LIMIT THE COMPANY'S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY'S NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES, OR (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. General Disclaimer

You acknowledge and agree that the Company only acts as a facilitator between the Hosts and the Guests and as such is not responsible or liable, and does not make any warranties, in relation to the rental of the facilities themselves. Nothing in the Agreement limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law.

Subject to this clause, and to the extent permitted by law:

·         all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Agreement are excluded; and

·         The Company will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the using the Platform or the Agreement (including as a result of not being able to use the services offered by the Platform), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

The Company is not responsible for any damage to a Host’s property and is not responsible for the Hosts maintaining proper licensing. The Company does not perform background checks on Users, and the Company is not responsible for the safety of its Users. The Company encourages all Users to exercise care and caution in their interactions and to use good judgement in their interactions with other Users. The Company is not responsible for taxes owed or due by the Users, and it is the responsibility of each User to file and comply with any local, state, or federal tax laws in their jurisdiction. 

Use of the Platform and the services is at your own risk. Everything in relation to the Platform and the Services are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of the Company make any express or implied representation or warranty about its Content or any products or Services (including the products or services of the Company) referred to on the Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

·         failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;

·         the accuracy, suitability or currency of any information on the Platform, the Service, or any of its Content related products (including third party material and advertisements on the Platform);

·         costs incurred as a result of you using the Platform, the Services or any of the products of the Company;

·         the Content or operation in respect to links which are provided for your convenience;

·         any failure to complete a transaction, or any loss arising from e-commerce transacted on the Platform; or

·         any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

20. Notice

The Company may give notice by means of email to your email address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice, and address any complaint or claim to the Company (such notice, complaint or claim shall be deemed given when received by the Company) at any time by means of email to [Link to e-mail address].

21. Assignment

This Agreement may not be assigned by you (whether in whole or in part) without the prior written approval of the Company. This Agreement may be assigned without your consent (in whole or in part) by the Company, including to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

22. Controlling Law and Jurisdiction

General - This Agreement and any action related thereto will be governed by the laws of the state of New Jersey without regard to its conflict of laws provisions. Subject to the rest of this Section 22, the exclusive jurisdiction and venue of any action in relation to this Agreement will be the state and federal courts located in the District of New Jersey and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, in the event of the actual or threatened infringement, misappropriation or violation of Company’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, Company may, at its discretion, institute legal proceedings in any jurisdiction (s) which is (are) deemed necessary or advisable.

Arbitration - Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at http://www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.

Class Action Waiver - YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER THIS SECTION 22 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Time Limits - YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE WEBSITE, APPLICATION OR POCKETINNS RENTAL HOMES OR PROPERTIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

23. Export Control

By using the Platform, you represent and warrant that: (i) you are not located 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.

24. Termination

You agree that the Company, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have with the Company or your use of PocketInns Rental Home or Property, and remove and discard all or any part of your account or any of your User Content, at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Platform and PocketInns Rental Homes or Properties, or any part thereof, with or without notice. You agree that any termination of your access to the Platform, PocketInns Rental Homes or Properties, or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company shall not be liable to you. These remedies are in addition to any other remedies Company may have at law or in equity. You may terminate this Agreement at any time by deleting the Application from your device, ceasing all use of the Platform and PocketInns Rental Homes or Properties and requesting the Company to cancel your account via email sent to [sarva@pocketinns.com] with complete account information as required by the Company.

25. General

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Platform or PocketInns Rental Homes or Properties. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. Nothing in this Agreement allows any party who is not a party to this Agreement to have any rights under this Agreement nor be able to enforce this Agreement.

 

 

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