Welcome to the www.vacationrental-hawaii.com terms and conditions, which apply
to your use of the above Website. By accessing this Website, you agree to be
bound by them. This document was created for both your and my protection.
DEFINITIONS "Conditions" means these terms and conditions: "Personal
Information" means any personal details provided by you via the Website; "User(s)" means
(a) user(s) of the Website either collectively or individually, as the context
requires; "We/us/our/facilitators" means,the owners/managers of this
website. “Customer” means person/s renting your property through
this this Website. "Website" means the website located at www.vacationrental-hawaii.com
or any subsequent URL or IP address which may replace it; and "You/your" means
you as a user of the Website promoting your property for rental.
1 ACCESS: We will provide you with access to the Website in accordance with
these Conditions.
2 YOUR OBLIGATIONS 2.1 You:
2.1.1 Agree to provide an accurate description and availability dates of the
property/properties advertised at www.vacationrental-hawaii.com;
2.1.2 Agree to provide accurate rental policies;
2.1.3 Understand that the yearly fee is payable in advance and failure to pay
will result in interruption of the service;
2.1.4 Agree that any dispute arising between you and your customer/s will not
involve us or our facilitators and any such dispute will be resolved by you;
2.1.5 will not use the Website in any manner which violates or infringes the
rights of any person, firm or company (including, but not limited to, rights
of intellectual property, rights of confidentiality, rights of copyright, or
rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against
any Users arising out of that User's use of the Website, then you will pursue
such right, claim or action independently of and without recourse to us.
3 INDEMNITY 3.1 You agree to be fully responsible for (and fully indemnify
us against) all claims, liability, damages, losses, costs and expenses, including
legal fees, suffered by us and arising out of any breach of the Conditions
by you or any other liabilities arising out of your use of the Website, or
the use by any other person accessing the Website using your PC or internet
access account.
4 OUR RIGHTS 4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part
of) with or without notice to you and you confirm that we shall not be liable
to you or any third party for any modification to or withdrawal of the Website;
and/or
4.1.2 change these Conditions from time to time, and your continued use of
the Website (or any part of) following such change shall be deemed to be your
acceptance of such change. It is your responsibility to check regularly to
determine whether the Conditions have been changed. If you do not agree to
any change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website
is subject to change from time to time. You will not be eligible for any compensation
because you cannot use any part of the Website or because of a failure, suspension
or withdrawal of all or part of the Website due to circumstances beyond our
control.
5 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links
to other websites or resources. You acknowledge and agree that we are not
responsible for the availability of such external sites or resources, and
do not endorse and are not responsible or liable, directly or indirectly,
for the privacy practices or the content (including misrepresentative or
defamatory content) of such websites, including (without limitation) any
advertising, products or other materials or services on or available from
such websites or resources, nor for any damage, loss or offence caused or
alleged to be caused by, or in connection with, the use of or reliance on
any such content, goods or services available on such external sites or resources.
6 MONITORING
6.1 We have the right, but not the obligation, to monitor any activity and
content associated with the Website. We may investigate any reported violation
of these Conditions or complaints and take any action that we deem appropriate
(which may include, but is not limited to, issuing warnings, suspending, terminating
or attaching conditions to your access and/or removing any materials from the
Website).
6.2 We reserve the right to restrict hypertext links to any addresses or web
sites that we determine to be competitors of ours, and to remove links or web
addresses without notice at our discretion.
7 YOUR DATA
7.1 We respect your personal information and data and will make every effort
to safeguard it, but cannot be held responsible for any loss, damage or omission,
however caused, and for any loss or damage sustained.
7.2 You should be aware that if required by any court order or legal authority
investigating suspected illegal activities, we will provide any personal information
or data requested.
8. LIMITATION OF LIABILITY
8.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION
WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED
IN RELATION TO THE ACCURACY OF DETAILS REGARDING YOUR PROPERTY.
8.2 The Website is provided on an "as is" and "as available" basis
without any representation or endorsement. Unless specified in separate terms
and conditions related to a particular product or service, we make no warranties
of any kind, whether express or implied, in relation to the Website, or products
or services offered on the Website whether by us or on our behalf including
but not limited to, implied warranties of satisfactory quality, fitness for
a particular purpose, non-infringement, compatibility, security, accuracy,
condition or completeness, or any implied warranty arising from course of dealing
or usage or trade.
8.3 Unless specified in separate terms and conditions related to a particular
product or service, we make no warranty that the Website or products or services
offered on the Website whether by us or on our behalf will meet your requirements
or will be uninterrupted, timely, secure or error-free, that defects will be
corrected, or that the Website or the server that makes it available or products
or services offered on the Website whether by us or on our behalf (including
free greeting cards) are free of viruses or bugs or are fully functional, accurate,
or reliable. We will not be responsible or liable to you for any loss of content
or material as a result of uploading to or downloading from the Website
8.4 You acknowledge that we cannot guarantee and therefore shall not be in
any way responsible for the security or privacy of the Website and any information
provided to or taken from the Website by you.
8.5 We will not be responsible for any economic losses (including without limitation
loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or any special or indirect or consequential
losses.
9 TERMINATION OF ADVERTISING
9.1 If advertisers wish to have their advertisement removed from the Internet
before the end of their subscription period, this will be done, but no refunds
will be paid.
9.2 We reserve the right to refuse any advertisement, and will not be liable
for any loss or expense in so doing.
9.3 If an advertiser attempts to enter unsuitable material into the Website
on-line database, or persistently misuses the on-line systems, we reserve the
right to remove the property from the www.vacationrental-hawaii.com site. No
refunds will be paid.
9.4 If we receives a complaint from a person who has rented an advertiser's
property which we, acting reasonably, consider is justified, or an advertiser
knowingly double-books a property, misrepresents the property or policies, or engages in any unacceptable practices
or is in breach of its obligations to us, then we reserve the right to remove
the property from the our web site without notice.
10 SEVERANCE If any part of the Conditions shall be deemed unlawful, void
or for any reason unenforceable, then that provision shall be deemed to be
severable from these Conditions and shall not effect the validity and enforceability
of any of the remaining provisions of the Conditions.
11 WAIVER Nothing shall be construed as a waiver by us of any preceding or
succeeding breach of any provision.
12 SURVIVAL Each provision of these Conditions shall be construed as separately
applying and surviving even if for any reason one or other of those provisions
is held to be inapplicable or unenforceable in any circumstances.
13 ENTIRE AGREEMENT These Conditions (as amended from time to time) contain
the entire agreement between you and us relating to the subject matter covered
and supersede any previous agreements, arrangements, undertakings or proposals,
written or oral, between you and us in relation to such matters. No oral explanation
or oral information given by either of us shall alter the interpretation of
these Conditions. You confirm that, in agreeing to accept these Conditions,
you have not relied on any representation save insofar as the same has expressly
been made a representation in these Conditions and you agree that you shall
have no remedy in respect of any misrepresentation which has not become a term
of these Conditions save that your agreement contained in this Clause shall
not apply in respect of any fraudulent misrepresentation whether or not such
has become a term of these Conditions.
14 LAW The Conditions will be exclusively governed by and construed in accordance
with the laws of United States whose Courts will have exclusive jurisdiction
in any dispute, save that we have the right, at our sole discretion, to commence
and pursue proceedings in alternative jurisdictions.
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