Terms of Use and Service

Terms of Use and Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING GUESTS FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON POOLFORU.

BY AGREEING TO THESE TERMS OF SERVICE YOU HEREBY ACKNOWLEDGE THAT POOLSFORU IS ACTING SOLELY AS A MARKETPLACE AND NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO IMPLY THAT POOLSFORU IS A LESSOR, LESSEE, STAKEHOLDER, OR PARTY TO ANY OF THE TRANSACTIONS BETWEEN MEMBERS. POOLSFORU MAKES NO GUARANTEES, WARRANTIES, AND ASSUMES NO LIAIBILITY WITH REGARDS TO ANY OF THE ACCOMODATIONS DESCRIBED HEREIN. MEMBERS HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS OF LIABILITY WITH RESPECT TO THE USE OF ANY OF THE ACCOMMODATIONS DESCRIBED HEREIN. 

o

  • Key Terms

PoolsForU LLC ("PoolForU" and/or "PoolForU.com") provides an online platform that connects hosts who have pools to list and book with guests seeking to book such pools (collectively, the “Services“), which Services are accessible at www.PoolForU.com and any other websites through which PoolForU makes the Services available (collectively, the “Site“), and/or as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“) or via telephone with one of our representatives.

 “Accommodation” means the use of a pool for a specified time period.

“PoolForU Content” means all Content that PoolForU makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

“Booking” means a limited license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed booking, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with the Guest’s agreement with the Host. Please note, as used on the Site, Applications, and Services, “rental” shall have the same meaning as “Booking;” and shall mean a limited license to enter and use the Accommodation for the duration of the confirmed booking as defined above.

“Booking Request Period” means the time period starting from the time when a Booking is requested by a Guest (as determined by PoolForU in its sole discretion), within which a Host may decide whether to confirm or reject that Booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.

“Collective Content” means Member Content and PoolForU Content.

“Communication” means an email, message via the Application, text message or message to a WeChat account.

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

“Guest” means a Member who requests from a Host a Booking of a Listing via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for the associated Listing.

“Host” means a Member who creates a Listing via the Site, Application and Services.

“Listing” means an Accommodation that is listed by a Host as available for Booking via the Site, Application, and Services.

“Member” means a person who completes PoolForU’s account registration process, including but not limited to Hosts and Guests, as described under “Account Registration” below.

“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or PoolForU promotional campaign to be made available through the Site, Application or Services.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that Accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

  • Terms of Service

By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and PoolForU. Please also read carefully our Privacy Policy at www.PoolForU.com/terms/privacy_policy.

In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR ACCOMMODATIONS AND GUESTS MAY LEARN ABOUT AND BOOK ACCOMMODATIONS DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT POOLFORU IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS POOLFORU A REAL ESTATE BROKER, AGENT OR INSURER. POOLFORU HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU CHOOSE TO CREATE A LISTING ON POOLFORU, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH POOLFORU IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF POOLFORU FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF POOLFORU. POOLFORU DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF POOLFORU, INCLUDING BY INAPPROPRIATELY USING ANY POOLFORU INTELLECTUAL PROPERTY.

o

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES (. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

o

  • Modification

PoolForU reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your PoolForU Account you will be deemed to have accepted the changes.

  • Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

For users in the United States, PoolForU will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from PoolForU’s vendors.

  • How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the listing and Booking of Accommodations. Such Accommodations are included in Listings on the Site, Application and Services by Hosts. If you wish to book an Accommodation or create a Listing, you must first register to create an PoolForU Account (defined below).

POOLFORU CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. POOLFORU IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.

o

  • Account Registration

In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account (“PoolForU Account“) and become a Member. You may register to join the Services directly via the Site or Application or in any other manner described by POOLSFORU now or in the future.

Your PoolForU Account will be created for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one (1) active PoolForU Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. PoolForU reserves the right to suspend or terminate your PoolForU Account and your access to the Site, Application and Services if you create more than one (1) PoolForU Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.

Unless expressly authorized by a specific feature on PoolForU, you are not permitted to share your PoolForU Account with anyone or allow others to access or use your PoolForU Account. You agree that you will take sole responsibility for any activities or actions under your PoolForU Account, whether or not you have authorized such activities or actions. You will immediately notify PoolForU of any unauthorized use of your PoolForU Account.

  • Accommodation Listings

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, ratings and/or ease of Booking.

POOLFORU RESERVES THE RIGHT TO IMPOSE ANY AND ALL REQUIREMENTS IT DEEMS FIT WITH REGARDS TO SUCH LISTINGS INCLUDING, BUT NOT LIMIED TO, MINIMUM OR MAXIMUM DURATIONS, MINIMUM TIMES BETWEEN LISTINGS, AND MINIMUM PRICING.

Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing, your Guest requirements, and Guests’ search parameters and preferences. You understand and agree that once a Guest requests a Booking of your Accommodation, you may not request the Guest to pay a higher price than in the Booking request.

You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a Guest’s stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that PoolForU assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. PoolForU reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that PoolForU, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or PoolForU’s then-current Policies, or otherwise harmful to the Site, Application or Services.

If you are a Host, you understand and agree that PoolForU does not act as an insurer or as your contracting agent. If a Guest requests a Booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and PoolForU is not a party to it.

o

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Booking of your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available on the Sites.

PoolForU recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.

o

  • No Endorsement

PoolForU does not endorse any Member, Listing or Accommodation. Members are required by these Terms to provide accurate information.

Members may choose to provide information concerning their Accommodations including, but not limited to description of the Accommodation, privacy information, and available equipment. POOLFORU MAKES NO ENDORSEMENT OF ANY SUCH INFORMATION AND THE MEMBER ALONE SHALL MAKE ANY INQUIRIES IT DEEMS APPROPRIATE TO EVALUATE THE ACCOMMODATIONS.

Although PoolForU may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.

By registering for an PoolForU Account, you agree that PoolForU may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.

Any description or information provided for your use by PoolForU is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept or preapprove a Booking request from a Guest, or to have any other interaction with any other Member. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY We are not responsible for any damage or harm resulting from your interactions with other Members.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from PoolForU with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Bookings or Listings made by you. This limitation shall not apply to any claim by a Host against PoolForU regarding the remittance of payments received from a Guest by PoolForU on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”

  • Bookings and Financial Terms
  1. Key definitions

“Accommodation Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s use of an Accommodation. The Host alone, and not PoolForU, is responsible for the Accommodation Fees for his or her Listing. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the PoolForU platform, or (ii) Taxes that the Host determines that he or she has to collect.

“Guest Fees” means the fee that PoolForU charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees.

“Host Fees” means the fee that PoolForU charges a Host for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees.

“Payment Method” means a payment method that you have added to your PoolForU Account, such as a credit card, debit card or PayPal.

“Service Fees” means collectively the Guest Fees and the Host Fees.

“Total Fees” means collectively the Accommodation Fees and the Guest Fees plus any Taxes.

  1. Bookings and Financial Terms for Hosts

If you are a Host and a Booking is requested for your Accommodation via the Site, Application or Services, you will be required to either preapprove, confirm or reject the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire. When a Booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Guest who has requested the Booking, (ii) a link to the Guest’s PoolForU Account profile page, (iii) if the Guest and Host have both connected their PoolForU accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Guest has provided other information to PoolForU, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a Booking request within the Booking Request Period, any amounts collected by PoolForU for the requested Booking will be refunded to the applicable Guest. When you confirm a Booking requested by a Guest, PoolForU will send you a Communication confirming such Booking, depending on the selections you make via the Site, Application and Services.

PoolForU will collect the Total Fees from Guests at the time of the Booking request or upon the Host’s confirmation and will initiate payment of the Accommodation Fees (less applicable fees and taxes) to the Host at the time and as further described in the Payments Terms.

Each Host agrees that PoolForU may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the Booking and (ii) refund (via PoolForU) to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy.

  1. Bookings and Financial Terms for Guests

The Hosts, not PoolForU, are solely responsible for honoring any confirmed Bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the Booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host.

You acknowledge and agree that you, and not PoolForU, will be responsible for performing the obligations of any such agreements, that PoolForU is not a party to such agreements, and that, with the exception of PoolForU’ obligations pursuant to the Payments Terms, PoolForU (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.

o

The Total Fees payable will be displayed to a Guest before the Guest sends a Booking request to a Host. As noted above, the Host is required to either preapprove, confirm or reject the Booking request within the Booking Request Period; otherwise, the requested Booking will be automatically cancelled. Upon receipt of your Booking request, PoolForU may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the Payments Terms. If a requested Booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by PoolForU will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s Payment Method will be released, if applicable.

You as a Guest agree to pay the Total Fees for any Booking requested, and in most cases confirmed, in connection with your PoolForU Account. PoolForU will collect the Total Fees pursuant to the Payments Terms.

Once your confirmed Booking transaction is complete you will receive a confirmation Communication summarizing your confirmed Booking.

  1. Service Fees and Other Fees

In consideration for the use of PoolForU’s online marketplace and platform, PoolForU charges Service Fees. PoolForU collects these Service Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect of the Host Fees and Guest Fees. PoolForU deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in the Payments Terms. Guest Fees are, as noted above, included in the Total Fees.

Applicable Guest Fees, as well as Taxes collected by PoolForU, will be shown to Guests via the Site and Application at checkout, prior to their submission of a Booking request. And, PoolForU will disclose applicable Host Fees to Hosts via the Site and Application. More information on Services Fees can be found at the PoolForU Help Center.

  1. General Booking and Financial Terms

Cancellations and Refunds

If, as a Guest, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees, Guest Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Guest Fee is non-refundable unless otherwise indicated in the cancellation policy selected by the Host. PoolForU will initiate any refunds due pursuant to the Payments Terms.

If a Host cancels a confirmed Booking made via the Site, Services, and Application, (i) PoolForU will refund the Total Fees for such Booking to the applicable Guest pursuant to the Payments Terms and (ii) the Guest will receive a Communication from PoolForU containing alternative Listings and other related information. If the Guest requests a Booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested Booking, then the Guest agrees to pay PoolForU the Total Fees relating to the confirmed Booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed Booking and you, as a Guest, have not received a Communication from PoolForU, please contact PoolForU.

If, as a Host, you cancel a confirmed Booking, you agree that PoolForU may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, PoolForU may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services. This may be for reasons set forth on the Site or for any other reason. PoolForU may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the Guest Refund Policy or in connection with a cancellation under PoolForU’s policies. You agree that PoolForU and the relevant Guest or Host will not have any liability for such cancellations or refunds.

CANCELLATION AND REFUNDS DUE TO ADVERSE WEATHER CONDITIONS WILL BE SUBJECT TO SOLE DISCRETION OF POOLFORU. POOLFORU MAY COMMUNICATE THOSE POLICIES VIA THE SITE OR MAKE SUCH DECISIONS ON A CASE BY CASE BASIS AT ITS SOLE DISCRETION.

Rounding Off

PoolForU may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, PoolForU will round up an amount of 102.00, and 101.00.

Booking Modifications

You as a Guest or Host are responsible for any modifications to a Booking that you direct PoolForU Customer Service to make (“Booking Modifications“), and you agree to pay any Accommodation Fees, Guest Fees, Hosts Fees, Services Fees, and/or Taxes associated with such Booking Modifications.

  • Taxes

Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W–9 from certain US Hosts, and an appropriate IRS Form W–8 (e.g. Form W–8BEN) from non-US hosts with at least one Listing in the US. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Host and you fail to provide us with a completed IRS Form W–9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.

You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. PoolForU cannot and does not offer Tax-related advice to any Members.

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Accommodation is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, “Occupancy Taxes“).

  • Damage to Accommodations and Security Deposits

As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at an Accommodation) in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage (“Damage Claim“), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.

Hosts may choose to include security deposits in their Listings (“Security Deposits“). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. PoolForU will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but PoolForU is not responsible for administering or accepting any Damage Claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.

If a Host has a Damage Claim for a confirmed Booking, the Host can seek payment from the Guest through PoolFoorU. The Host may escalate the Damage Claim to PoolForU if the Host and Guest are unable to resolve a Damage Claim. If a Host escalates a Damage Claim to PoolForU, you as a Guest will be notified of the Damage Claim and given an opportunity to respond. If you as a Guest agree to pay the Host in connection with a Damage Claim, or if PoolForU determines, in its sole discretion, that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation, PoolForU (via PoolForU) will collect any such costs from you and/or against the Security Deposit in accordance with the Payments Terms. PoolForU also reserves the right to otherwise collect payment from you and pursue any avenues available to PoolForU in this regard in situations in which you have been determined, in PoolForU’s sole discretion, to have damaged any Accommodation or any personal or other property located at an Accommodation.

Both Guests and Hosts agree to cooperate with and assist PoolForU in good faith, and to provide PoolForU with such information and take such actions as may be reasonably requested by PoolForU, in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the PoolForU Host Guarantee) or with respect to any investigation undertaken by PoolForU or a representative of PoolForU regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon PoolForU’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by PoolForU or a third party selected by PoolForU or its insurer, with respect to losses for which the Host is requesting payment from PoolForU under the PoolForU Host Guarantee.

If you are a Guest, you understand and agree that PoolForU may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by PoolForU under the PoolForU Host Guarantee). You agree to cooperate with and assist PoolForU in good faith, and to provide PoolForU with such information as may be reasonably requested by PoolForU, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as PoolForU may reasonably request to assist PoolForU in accomplishing the foregoing.

Security Deposits, if required by a Host, may be applied to any fees due from a Guest overstaying at a Listing without the Host’s consent.

  • Overstaying without the Host’s Consent

Guests agree that a confirmed Booking is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed Booking and in accordance with the Guest’s agreement with the Host. Guests further agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest. If a Guest stays past the agreed upon checkout time without the Host’s consent, they no longer have a license to stay in the Listing and the Host is entitled to make the Guest leave. In addition, Guests agree that the Host can charge the Guest, any time period that the Guest stays over the agreed period without the Host’s consent, at a rate equal 200% of the Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave (collectively, “Additional Sums“). PoolForU will collect Additional Sums from Guests pursuant to the Payments Terms.

  • User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
  • use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies PoolForU endorsement, partnership or otherwise misleads others as to your affiliation with PoolForU;
  • dilute, tarnish or otherwise harm the PoolForU brand in any way, including through unauthorized use of Collective Content, registering and/or using PoolForU or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to PoolForU domains, trademarks, taglines, promotional campaigns or Collective Content
  • copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
  • infringe the rights of PoolForU or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
  • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
  • “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an PoolForU Guest or Host;
  • offer, as a Host, any Accommodation that you do not yourself own or have permission to Book as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of an agent for a third party);
  • offer, as a Host, any Accommodation that may not be Booked pursuant to the terms and conditions of an agreement with a third party;
  • register for more than one PoolForU Account or register for an PoolForU Account on behalf of an individual other than yourself;
  • unless PoolForU explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself;
  • contact another Member for any purpose other than asking a question related to a Booking, Accommodation, Listing, or the Member’s use of the Site, Application and Services;
  • recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to PoolForU, without PoolForU’s prior written approval;
  • recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
  • use the Site, Application, Services or Collective Content to find a Host or Guest and then complete a Booking of an Accommodation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to PoolForU’s provision of the Services or for any other reasons;
  • as a Host, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
  • violate these Terms or PoolForU’s then-current Policies and Community Guidelines or Standards;
  • engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
  • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, PoolForU’s name, any PoolForU trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without PoolForU’s express written consent;
  • access, tamper with, or use non-public areas of the Site, Application or Services, PoolForU’s computer systems, or the technical delivery systems of PoolForU’s providers;
  • attempt to probe, scan, or test the vulnerability of any PoolForU system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PoolForU or any of PoolForU’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
  • advocate, encourage, or assist any third party in doing any of the foregoing; or
  • accept or make a payment for Accommodation Fees outside PoolForU. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold PoolForU harmless from any liability for such payment.

MEMBERS/USERS EXPLICITLY AGREE THAT THEY WILL NOT ATTEMPT TO BYPASS POOLFORU AND BOOK ANY ACCOMMODATIONS WITH EACHOTHER OUTSIDE OF THE POOLFORU PLATFORM. IN THE EVENT THAT SUCH A TRANSACTION OCCURS, MEMBERS AGREE TO PAY TO POOLSFORU A SUM EQUAL TO 250% OF THE SERVICE FEES THAT WOULD HAVE BEEN CHARGED IF SUCH TRANSACTION WERE TO HAVE OCCURED THROUGHT THE PLATFORM IN ADDITION TO ALL COST OF COLLECTION INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY FEES.

PoolForU has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, PoolForU may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or PoolForU Account, for a violation of this Section or these Terms.

PoolForU may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against PoolForU or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the PoolForU Host Guarantee, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of PoolForU, its users, or members of the public. PoolForU reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that PoolForU, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Reporting Misconduct

If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to PoolForU by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

  • Privacy

You agree that PoolForU’s Privacy Policy (as may be updated from time to time) governs PoolForU’s collection and use of your personal information.

  • Intellectual Property Ownership and Rights Notices

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of PoolForU and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of PoolForU used on or in connection with the Site, Application, Services, and PoolForU Content are trademarks or registered trademarks of PoolForU in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and PoolForU Content are used for identification purposes only and may be the property of their respective owners. As a Host, Guest, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including PoolForU’s Trademark & Branding Guidelines (as may be updated from time to time).

  • Additional Terms

Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

  • Application License

Subject to your compliance with these Terms, in the event that an Application becomes available from PoolForU, PoolForU grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. PoolForU reserves all rights in the Application not expressly granted to you by these Terms.

  • Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through PoolForU promotional campaigns, you hereby grant to PoolForU a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. PoolForU does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

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

  • Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that PoolForU is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PoolForU of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the PoolForU platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.

  • Copyright Policy

PoolForU respects copyright law and expects its users to do the same. It is PoolForU’s policy to terminate in appropriate circumstances the PoolForU Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see PoolForU’s Copyright Policy for further information.

  • Term and Termination, Suspension and Other Measures
  1. Term

These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or PoolForU terminate these Terms as described below.

  1. Termination for convenience

You may terminate these Terms at any time via the “Cancel Account” feature on the Site or by sending us an email. If you cancel your PoolForU Account as a Host, any confirmed Bookings will be automatically cancelled and your Guests will receive a full refund. If you cancel your PoolForU Account as a Guest, any confirmed Booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.

Without limiting our rights specified below, PoolForU may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.

  1. Termination for breach, suspension and other measures

PoolForU may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the PoolForU Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) PoolForU believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, PoolForU or third parties, for fraud prevention, risk assessment, security or investigation purposes.

In addition PoolForU may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your PoolForU Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your PoolForU Account, or temporarily or permanently suspend your PoolForU Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Hosts or Guests, or (ii) PoolForU believes in good faith that such action is reasonably necessary to protect the safety or property of Members, PoolForU or third parties, for fraud prevention, risk assessment, security or investigation purposes.

If we take any of the measures described in this Section 24.C, we may (i) communicate to your Guests or Hosts that a pending or confirmed Booking has been cancelled, (ii) refund your Guests in full for any and all confirmed Bookings, irrespective of preexisting cancellation policies, (iii) support your Guests, on an exceptional basis, in finding potential alternative Accommodations, and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled.

In case of non-material breaches and where appropriate, you will be given notice of any measure by PoolForU and an opportunity to resolve the issue to PoolForU’s reasonable satisfaction.

  1. Consequences

If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your PoolForU Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your PoolForU Account has been suspended or this Agreement has been terminated by us, you may not register a new PoolForU Account or attempt to access and use the Site, Application and Services through other PoolForU Accounts.

  1. Survival

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

  • Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT POOLFORU DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS. BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, POOLFORU EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. POOLFORU MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. POOLFORU MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, HOSTS, GUESTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM POOLFORU OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT POOLFORU DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. POOLFORU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY POOLFORU. POOLFORU EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

o

  • Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF POOLFORU WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER POOLFORU NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POOLFORU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE POOLFORU HOST GUARANTEE, IN NO EVENT WILL POOLFORU’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY POOLFORU TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POOLFORU AND YOU. 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.

o

  • Indemnification

You agree to release, defend, indemnify, and hold PoolForU and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of an Accommodation, or (iii) creation of a Listing; and (d) the use, condition or Booking of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of an Accommodation.

o

 

  • Entire Agreement

Except as they may be supplemented by a document referenced and incorporated herein or by additional PoolForU policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between PoolForU and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any Bookings or Listings of Accommodations made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between PoolForU and you regarding Bookings or listings of Accommodations, the Site, Application, Services, and Collective Content (excluding Payment Services).

  • Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without PoolForU’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. PoolForU may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

  • Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by PoolForU (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.

  • Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of the State of New Jersey and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Ocean County, New Jersey or a United States District Court of New Jersey for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

  • General

The failure of PoolForU to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PoolForU. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

  • Third party beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

  • Contacting PoolForU

If you have any questions about these Terms or any App Store Sourced Application, please contact PoolForU.


 

Payments Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

  • Terms of Service

These terms and conditions (“Payments Terms”) govern the payment services, including payment collection services, payments and payouts, conducted through or in connection with the PoolForU Site, Application or Services (“Payment Services”) and constitute a binding legal agreement between you and PoolForU. The PoolForU Terms of Service (“PoolForU Terms”) separately govern your use of the Site, Application and Services. All capitalized terms have the meaning set forth in the PoolForU Terms unless otherwise defined in these Payments Terms.

YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE PAYMENT SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE PAYMENTS TERMS. IF YOU DO NOT AGREE TO THESE PAYMENTS TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PAYMENT SERVICES. Failure to use the Payment Services in accordance with these Payments Terms may subject you to civil and criminal penalties. If you accept or agree to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Please also read carefully PoolForU’s Privacy Policy at www.PoolForU.com/terms/privacy_policy.

  • Modification

PoolForU reserves the right, at its sole discretion, to modify or terminate the Payment Services or to modify these Payments Terms at any time and without prior notice. If we modify these Payments Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Payments Terms. Changes to the Payments Terms will be effective at the time of posting. Your continued use of the Payment Services will constitute acceptance of the revised Payments Terms. Additionally, if the modified Payments Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Payments Terms are not acceptable to you, your only recourse is to cease using the Payment Services. If you do not close your PoolForU Account you will be deemed to have accepted the changes.

  • Eligibility

The Payment Services are intended solely for persons who are 18 or older. Any use of the Payment Services by anyone under 18 is expressly prohibited. By using the Payment Services you represent and warrant that you are 18 or older.

  • Account Registration

In order to use the Payment Services, you must first register to create an PoolForU Account and become a Member in accordance with the “Account Registration” section of the PoolForU Terms. You acknowledge and agree that anyone you authorize to use your PoolForU Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

  • Identity Verification

You authorize PoolForU, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, your address, and other information requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or attempting to screen your information against third party databases. You further authorize PoolForU (or its affiliate) to request a consumer report on you from a consumer reporting agency. This consumer report will be requested and utilized in compliance with applicable law, including the Fair Credit Reporting Act (U.S.), Data Protection Act (UK) and the Consumer Rights Act (UK). PoolForU reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

  • Financial Terms for Bookings
  1. Key Definitions

“Payment Method” means a payment method that you have added to your PoolForU Account, such as a credit card, debit card or PayPal.

“Payout Method” means a payout method that you have added to your PoolForU Account, such as PayPal, direct deposit or electronic funds transfer, a prepaid card or a debit card (where available).

  1. Financial Terms for Hosts regarding Bookings

If, as a Host, you are unable to confirm or decide to reject a Booking request within the Booking Request Period, any amounts collected by PoolForU for the requested Booking will be refunded to the applicable Guest’s Payment Method and any pre-authorization of such Payment Method will be released.

PoolForU will collect the Total Fees from each Guest either at the time of the Booking request or upon the Host’s confirmation of the Booking (depending upon the Guest’s Payment Method). PoolForU will initiate payment of the Accommodation Fees (less PoolForU’s Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) to the Host in most cases within 24 hours of the scheduled check-in time for the Guest at the applicable Accommodation (or within 24 hours of 3:00pm local time - or 3:00pm UTC if local time is unknown - if the check-in time is flexible or not specified), unless the Host and PoolForU agree to a different time or trigger for payment. The time it takes for the Host to receive payouts once released by PoolForU may depend upon the Payout Method chosen by the Host. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.

If you owe or agree to pay any amount via PoolForU to PoolForU (whether as a result of your Bookings or actions as a Guest or otherwise), then PoolForU may (but is not obliged to) withhold the amount owing to PoolForU from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to PoolForU. If PoolForU does so, then your obligation to pay PoolForU will be extinguished to the extent of the amount withheld by PoolForU, and PoolForU will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to PoolForU and/or PoolForU by you. Such communication may be made by PoolForU, PoolForU or by anyone on their behalf, including but not limited to a third party collection agent.

  1. Appointment of PoolForU as Limited Payment Collection Agent for Host

Each Host hereby appoints PoolForU as the Host’s limited payment collection agent solely for the purpose of accepting the Accommodation Fees from Guests.

Each Host agrees that payment made by a Guest through PoolForU, shall be considered the same as a payment made directly to the Host, and the Host will make the Accommodation available to the Guest in the agreed-upon manner as if the Host has received the Accommodation Fees. Each Host agrees that PoolForU may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. Each Host understands that PoolForU accepts payments from Guests as the Host’s limited payment collection agent and that PoolForU’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. PoolForU does not guarantee payments to Hosts for amounts that have not been successfully received by PoolForU from Guests. In accepting appointment as the limited collection agent of the Host, PoolForU assumes no liability for any acts or omissions of the Host.

  1. Financial Terms for Guests regarding Bookings

You acknowledge and agree that, notwithstanding the fact that PoolForU is not a party to the agreement between you and the Host, PoolForU acts as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to PoolForU, your payment obligation to the Host for the Accommodation Fees is extinguished, and PoolForU is responsible for remitting the Accommodation Fees (less the Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe), in the manner described in these Payments Terms. In the event that PoolForU does not remit any such amounts as described in these Payments Terms, such Host will have recourse only against such PoolForU entity.

You as a Guest agree that PoolForU may charge your Payment Method the Total Fees for any Booking requested in connection with your PoolForU Account. In order to establish a Booking pending the applicable Host’s confirmation of your requested Booking, you understand and agree that PoolForU, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge your Payment Method a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your Payment Method. As a general rule, PoolForU will collect the Total Fees due once PoolForU receives confirmation of your Booking from the applicable Host. However, if you pay with a push Payment Method (such as Alipay or Sofort), PoolForU will collect Total Fees at the time of your Booking request. In instances in which PoolForU is unable to collect Total Fees in the ordinary course, PoolForU may elect to collect Total Fees at a later point in time. Once the payment transaction for your requested Booking is successfully completed you will receive a confirmation email summarizing your confirmed Booking.

If a requested Booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by PoolForU will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s Payment Method will be released, if applicable. The timing to receive such refund or for a pre-authorization to be released will be determined based on the Payment Method used and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

In connection with your requested Booking, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to PoolForU or its third-party payment processor(s). You agree to pay PoolForU for any confirmed Bookings made in connection with your PoolForU Account in accordance with these Payments Terms by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the Booking, either directly by PoolForU or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize PoolForU to charge any Payment Method on file in your PoolForU Account in the event of damage caused at an Accommodation as contemplated under Section 8, “Damage to Accommodations and Security Deposits”, below.

If PoolForU is unable to collect any amounts you owe for a confirmed Booking or a Damage Claim, PoolForU may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to PoolForU and/or PoolForU by you. Such communication may be made by PoolForU, PoolForU or by anyone on their behalf, including but not limited to a third party collection agent.

Please note that PoolForU cannot control any fees that may be charged to a Guest by his or her third-party payment service provider related to PoolForU’ collection of the Total Fees, and PoolForU disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review such terms and conditions before using your Payment Method.

  1. Service Fees and Other Fees

PoolForU collects the Service Fees charged by PoolForU pursuant to the PoolForU Terms. Where applicable, PoolForU may also charge Taxes (such as VAT in Europe) in respect of the Host Fees and Guest Fees. PoolForU deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in these Payments Terms. Guest Fees are, as noted above, included in the Total Fees.

Balances will be remitted by PoolForU to Hosts via the Payout Method selected by the Host in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” portion of this Section 6.

Please note that PoolForU may impose or deduct currency conversion costs on or from any payments or payouts by PoolForU in currencies other than U.S. dollars. Except as otherwise provided herein, Service Fees are non-refundable.

  1. General Booking and Financial Terms

Cancellations and Refunds

If, as a Guest, you cancel your requested Booking before the requested Booking is confirmed by a Host, PoolForU will cancel any pre-authorization to your Payment Method and/or refund any nominal amounts charged to your Payment Method in connection with the requested Booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, PoolForU will refund the Accommodation Fees, Guest Fees and any other amounts charged to you only as permitted under the PoolForU Terms, including the terms of the applicable cancellation policy.

If a Host cancels a confirmed Booking made via the Site, Application or Services, PoolForU will refund the Total Fees for such Booking to the applicable Guest within a commercially reasonable time of the cancellation. If the Guest requests to book an alternative Listing and the Host associated with such alternative Listing confirms the Guest’s requested Booking, then PoolForU will collect the Total Fees relating to the confirmed Booking for the Accommodation in the alternative Listing, in accordance with these Payments Terms.

If, as a Host, you cancel a confirmed Booking, you agree that PoolForU may collect any cancellation fees imposed pursuant to the PoolForU Terms. PoolForU will treat your cancellation as a payment authorization, and PoolForU may withhold any cancellation fees from your future payouts or charged to any Payment Method on file in your PoolForU Account.

If PoolForU decides for any reason that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services pursuant to the PoolForU Terms, Guest Refund Policy or Extenuating Circumstances Policy, you agree that PoolForU and the relevant Guest or Host will not have any liability for such cancellations or refunds.

If, as a Host, your Guest cancels a confirmed Booking or PoolForU decides that it is necessary to cancel a confirmed Booking, and PoolForU issues a refund to the Guest in accordance with the Guest Refund Policy, Extenuating Circumstances Policy or other applicable cancellation policies, you agree that in the event you have already been paid, PoolForU will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Accommodation Fees due to you.

Rounding Off

PoolForU may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, PoolForU will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

Booking Modifications

If, as a Guest, you owe additional amounts to PoolForU due to a Booking Modification, you agree that PoolForU may collect such amounts by charging the Payment Method used to make your Booking. If, as a Host, you owe PoolForU any amounts due to a Booking Modification, you agree that PoolForU may collect those amounts pursuant to the “Financial Terms for Hosts regarding Bookings” portion of this Section 6 and as otherwise permitted under these Payments Terms.

  • Taxes

In any jurisdiction in which PoolForU facilitates direct Collection and Remittance pursuant to the PoolForU Terms, you hereby instruct and authorize PoolForU to collect Occupancy Taxes from Guests on the Host’s behalf at the time Accommodation Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by PoolForU will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold PoolForU and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Occupancy Taxes in any amount or at all as to your transactions or Accommodations. Hosts and Guests further expressly grant PoolForU permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Accommodations and Occupancy Taxes, including, but not limited to, personally identifiable information such as Host or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Guests or allegedly due, contact information and similar information, to the relevant Tax Authority.

  1. Opt-in to Host Remittance of Taxes

In any jurisdiction in which PoolForU facilitates Collection by Opt-in for Host Remittance pursuant to the PoolForU Terms, you hereby instruct and authorize PoolForU to send Occupancy Taxes received from Guests at the time Accommodation Fees are collected to the Host who is obligated to send such taxes to the Tax Authority directly. You hereby agree that through third party payment processors, PoolForU is merely processing your election and direction to have Occupancy Taxes from Guests sent directly to the Host for remittance by the Host to the Tax Authority, and that You will remit all amounts collected from Guests as Occupancy Taxes to such Tax Authority. You expressly agree to release, defend, indemnify, and hold PoolForU and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation of, collection of Occupancy Taxes in any amount or at all as to your transactions or Accommodations. Hosts and Guests further expressly grant PoolForU permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Accommodations and Occupancy Taxes, including, but not limited to, personally identifiable information such as Host or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received by Hosts from Guests, or allegedly due, contact information and similar information, to the relevant Tax Authority.

  1. Miscellaneous Occupancy Tax Provisions

Whether you are a Guest or Host, you agree that any claim or cause of action relating to PoolForU’ facilitation of Opt-in for Host Remittance or Collection and Remittance shall not extend to any supplier or vendor that may be used by PoolForU in connection with facilitation of Opt-in Remittance or Collection and Remittance of Occupancy Taxes, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by PoolForU from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

In any jurisdiction in which we have not provided notice of, or are not facilitating (or are no longer facilitating), the collection or remittance of Occupancy Taxes by Collection and Remittance, Opt-in for Host Remittance or any other means or method, in your jurisdiction, Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations.

Hosts and Guests acknowledge and agree that in some jurisdictions, PoolForU may decide not to facilitate collection or remittance of Occupancy Taxes or may not be able to facilitate the collection and/or remittance of Occupancy Taxes, and nothing contained in these Payments Terms is a representation or guarantee that PoolForU will facilitate collection and/or remittance of Occupancy Tax anywhere at all, including in any specific jurisdiction, or that PoolForU will continue to facilitate any collection or remittance of Occupancy Tax in any specific jurisdiction in which it may have been offered. PoolForU reserves the right, in its sole determination, to cease any facilitation of any collection and remittance of Occupancy Tax (regardless of method used or to be used in the future) for any reason or no reason at all, provided that it will give Hosts reasonable notice in any jurisdiction in which PoolForU determines to cease any such facilitation.

  • Damage to Accommodations and Security Deposits

If (i) you as a Guest agree to pay the Host in connection with a Damage Claim, or (ii) PoolForU determines that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation pursuant to the PoolForU Terms, PoolForU may charge the Payment Method used to make the Booking in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, PoolForU may charge the Payment Method used to make the Booking for the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the Booking, you agree that PoolForU may charge any other Payment Method on file in your PoolForU Account at the time of the Damage Claim.

PoolForU also reserves the right to otherwise collect payment from you and pursue any avenues available to PoolForU if PoolForU determines that you have damaged any Accommodation or any personal or other property located at any Accommodation. If we are unable to charge a Payment Method on file in your PoolForU Account or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to PoolForU (if applicable).

Security Deposits, if required by a Host, may be applied to any fees due from a Guest overstaying at a Listing without the Host’s consent.

  • Overstaying without the Host’s Consent

If you as a Guest stay past the agreed upon checkout time without the Host’s consent, you agree that PoolForU, in its role as limited payment collection agent for the Host, may charge any Payment Method(s) you have on file in your PoolForU Account to collect, for each 24 hour period that the Guest stays over the agreed period without the Host’s consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave (collectively, “Additional Sums”). In addition, PoolForU may recover any costs and expenses it incurs in collecting the Additional Sums by charging any Payment Method(s) you have on file in your PoolForU Account.

  • Payment Method Information

You authorize PoolForU to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g. account number, routing number, expiration date), we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your PoolForU Account.

  • User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
  • use the Payment Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • register any Payment Method with your PoolForU account that is not yours or you do not have authorization to use;
  • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • attempt to probe, scan, or test the vulnerability of any PoolForU system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PoolForU or any of PoolForU’ providers or any other third party (including another user) to protect the Payment Services;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Payment Services to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Payment Services; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

PoolForU has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Payments Terms, PoolForU may take a range of actions against you, including but not limited to limiting access to your PoolForU Account and any associated Payment Services, for a violation of this Section 12 or these Payments Terms.

  • Privacy

You agree that PoolForU’s Privacy Policy (as may be updated from time to time) governs PoolForU’ collection, processing and use of your personal information.

  • Intellectual Property Ownership and Rights Notice

The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of PoolForU, PoolForU and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of PoolForU or PoolForU used on or in connection with the Payment Services are trademarks or registered trademarks of PoolForU or PoolForU in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners. As a Host, Guest or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Payment Services, including PoolForU’s Trademark & Branding Guidelines (as may be updated from time to time).

  • Additional Products and Terms

Certain Payment Services or new or different products and services offered by PoolForU from time to time may have different terms and conditions posted or require you to agree with and accept additional terms and conditions. If additional terms are required for any Payment Service or other product or service, PoolForU will provide you those additional terms and conditions at the time the Payment Service or other product or service is offered or made available to you. If there is a conflict between these Payments Terms and terms and conditions posted for a specific Payment Service or other product or service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service or other product or service.

  • Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the PoolForU Site and Application, or pursuant to Section 34, “Contact PoolForU”, below. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of PoolForU and/or PoolForU and you hereby irrevocably assign to PoolForU and PoolForU and agree to irrevocably assign to PoolForU and PoolForU all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At PoolForU or PoolForU’ request and expense, you will execute documents and take such further acts as PoolForU or PoolForU may reasonably request to assist PoolForU or PoolForU to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

  • Account Limitation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit access to your PoolForU Account and any associated Payment Services.

  • Disclaimers

IF YOU CHOOSE TO USE THE PAYMENT SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT POOLFORU PROVIDES THE PAYMENT SERVICES TO YOU SUBJECT TO YOUR STATUTORY RIGHTS BUT OTHERWISE “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY STATED IN THESE PAYMENTS TERMS. WITHOUT LIMITING THE FOREGOING, POOLFORU EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. POOLFORU MAKES NO WARRANTY THAT THE PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. POOLFORU MAKES NO WARRANTY REGARDING THE QUALITY OF THE PAYMENT SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM POOLFORU OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

NOTWITHSTANDING POOLFORU’ APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, POOLFORU EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY. POOLFORU DOES NOT HAVE ANY DUTIES OR OBLIGATIONS AS AGENT FOR EACH HOST EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE PAYMENTS TERMS AND ANY ADDITIONAL DUTIES OR OBLIGATIONS AS MAY BE IMPLIED BY LAW ARE HEREBY EXPRESSLY EXCLUDED.

  • Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THE PAYMENT SERVICES REMAINS WITH YOU. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE YOUR POOLFORU ACCOUNT IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON. NEITHER POOLFORU NOR ANY OTHER PARTY INVOLVED IN PROVIDING PAYMENT SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE PAYMENTS TERMS, FROM THE USE OF OR INABILITY TO USE THE PAYMENT SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PAYMENT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POOLFORU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE PAYMENTS TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE POOLFORU HOST GUARANTEE, IN NO EVENT WILL POOLFORU’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE PAYMENTS TERMS AND YOUR USE OF THE PAYMENT SERVICES INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE PAYMENT SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE POOLFORU PLATFORM AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY POOLFORU TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POOLFORU AND YOU. 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.

  • Indemnification

You agree to release, defend, indemnify, and hold PoolForU and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Payment Services, or your violation of these Payments Terms.

  • Export Control and Restricted Countries

You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction in which you reside, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Payment Services, you represent and warrant that: (i) neither you nor your listed Accommodation is 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. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

  • Entire Agreement

Except as they may be supplemented by a document referenced and incorporated herein or by additional PoolForU policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Payments Terms constitute the entire and exclusive understanding and agreement between PoolForU and you regarding the Payment Services, and these Payments Terms supersede and replace any and all prior oral or written understandings or agreements between PoolForU and you regarding the Payment Services.

  • Termination
  1. Termination for Convenience

You may terminate these Payments Terms at any time by following the termination procedures specified in the PoolForU Terms. Terminating these Payments Terms will also serve as notice to cancel your PoolForU Account pursuant to the PoolForU Terms. If you cancel your PoolForU Account as a Host, PoolForU will provide your Guests a full refund. If you cancel your PoolForU Account as a Guest, PoolForU will initiate a refund for any confirmed booking based upon the terms of the applicable cancellation policy.

Without limiting our rights specified below, PoolForU may terminate these Payments Terms for convenience at any time by giving you 30 days' notice via email to your registered email address.

  1. Termination for Breach, Suspension and Other Measures

PoolForU may immediately, without notice terminate these Payments Terms, limit your use of or access to the Payment Services, or temporarily or permanently suspend your PoolForU Account if (i) you have breached these Payments Terms, including but not limited to any breach of your warranties outlined in these Terms or breach a provision under Section 13, "User Conduct", (ii) you have provided inaccurate, fraudulent, outdated or incomplete information, (iii) you have violated applicable laws, regulations or third party rights, or (iv) PoolForU believes in good faith that such action is reasonably necessary to protect other Members, PoolForU, PoolForU or third parties, for prevention of unlawful activity or fraud, risk assessment, security or investigation purposes.

In case of non-material breaches and where appropriate, you will be given notice of any measure by PoolForU and an opportunity to resolve the issue to PoolForU' reasonable satisfaction.

If you are a Host and we terminate these Payments Terms, limit your use of or access to the Payment Services, or temporarily or permanently suspend your PoolForU Account, (i) we will refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for confirmed bookings that were cancelled.

  1. Consequences

If your access to or use of the Payment Services has been limited or your PoolForU Account has been suspended or these Payments Terms has been terminated by us, you may not register a new PoolForU Account or attempt to access and use the Payment Services through other PoolForU Accounts.

  1. Survival

If you or we terminate these Payments Terms, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect

  • Assignment

You may not assign or transfer these Payments Terms, by operation of law or otherwise, without PoolForU’ prior written consent. Any attempt by you to assign or transfer these Payments Terms, without such consent, will be null and of no effect. PoolForU may assign or transfer these Payments Terms, at its sole discretion, without restriction. Subject to the foregoing, these Payments Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

  • Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Payments Terms, will be in writing and given by PoolForU (i) via email (in each case to the address that you provide) or (ii) by posting to the PoolForU Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

  • Controlling Law and Jurisdiction

These Payments Terms and your use of the Payment Services will be interpreted in accordance with the laws of the State of New Jersey and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Ocean County, New Jersey or a United States District Court of New Jersey for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

  • General

The failure of PoolForU to enforce any right or provision of these Payments Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PoolForU. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Payments Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Payments Terms will remain in full force and effect.

  • Third Party Beneficiary

These Payments Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Payments Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Payments Terms.

These Payments Terms are available for you to view at any time at www.PoolForU.com/terms/payments_terms. PoolForU will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please contact PoolForU via email to terms@PoolForU.com or the contact information above.




Lorem ipsome dolor



weeks