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 HANDISCOVER’S TERMS OF USE

Welcome to handiscover.com (the “Webpage”), an online platform and website that connects hosts who have accommodation to rent with guests who seek such accommodation (the “Services”). The Services is provided to you by Handiscover Sweden AB, company registration number 559010-9228 having its registered address at Handiscover AB, Troentorpsvägen 108, 269 91 Båstad, Sweden (“Handiscover”, “we” or “us”). Your use of the Services and the Webpage is regulated by these Terms of Use. If you do not agree to these Terms of Use, please do not use the services provided at this Website.

Persons under the age of 18 may not use the Services.

THE SERVICES

Handiscover offers an online platform and website that connects hosts who have accommodation to rent with guests who seek such accommodation. On the Webpage, a user can offer to rent parts of, or the entire of its accommodation such as for example apartment, room or house to another user for a fee (Hosts). Users can also use the Webpage to search for suitable accommodation and make enquiries or bookings (Guests).

You understand and agree that Handiscover is not a party to any agreements between Host and Guest, that Handiscover is not a real estate broker or agent and that Handiscover has no control over Hosts, Guests or accommodations listed on the Website. Handiscover does not own any of the accommodations offered on the Webpage. Handiscover’s liabilities are limited to i) the availability of the Webpage and the Services, and ii) serving as a payment collector as described below.

The Service is offered both to Hosts who are professional operators (for example rental agents, guest house, bed & breakfast or hotels) and private persons. You understand and agree that you are solely responsible for adhering to applicable tax regulations, local zoning laws and any other requirements for using the Services. Hosts should review local laws before listing an accommodation on Handiscover. Furthermore, you represent and warrant that when using the Services you will not breach any agreements with third parties such as housing cooperatives. The Host is liable for any costs and local or national taxes (like Occupancy Tax) that may apply to the renting of the accommodation in its city, region or country.

The Host is recommended to obtain insurance for the renting of its accommodation and ensure that the renting of the accommodation is compliant with the Host’s insurance policy.

USERNAME AND PASSWORD

In order to use the Services (both as Host and Guest), you will have to create a user account and sign in to your account on the Webpage. The instructions on how to create a user account are set forth on the Webpage.

You may choose a user name and a password but you may also use one of the selected social media accounts as set forth on the Website from time to time, to sign in to your user account on the Webpage. If you choose to create a new user account, the username and password which you choose must not be: harmful, abusive, racially or ethnically offensive, sexually explicit, defamatory, infringing any intellectual property right or invasive of personal privacy rights. We have the right to change your username and/or password if they, in our opinion, violate these Terms of Use.

When creating your user account, you will be asked to submit certain information about yourself such as: your name, address, email address, photograph and your phone number. The information will be used to provide the Services to you.

If you use another account to access your user account with Handiscover for example your Facebook account, you authorize us to collect your authentication information, such as your username, encrypted access credentials, and other information that may be available on or through those ways of accessing the Services, including your name, surname, profile picture, address, email address, date of birth, gender, friends' names and profile pictures and networks. We may store such information in order to use it for the purposes set out in our Privacy Policy available here handiscover.com/privacy and we may verify your credentials with such providers or other providers through which you access the Site and/or the Services.

When creating a user account on the Webpage, you agree to comply with these Terms of Use. You also approve our processing of your personal data, which is made in accordance with our Privacy Policy (available here handiscover.com/privacy.

Your account is personal and you are not allowed to transfer your account to any third party. You are responsible for keeping the credentials of your user account confidential, and that you will not disclose (willfully or by negligence) credentials of your user account to any third party or otherwise allow any third party to use your user account or your access to the Services. If you have reason to believe that any third party has gained access to your user account, you must immediately inform us. We have the right, but not the obligation, to suspend access to your user account on the Webpage if we have reason to believe that any third party has gained unlawful access to your user account.

Please note that we have the right to cancel your user account if it is left inactive during a period of 365 consecutive days.

USE OF THE SERVICE

Listing of an Accommodation

A Host may list an accommodation on the Webpage and offer this for rent to Guests. A listing shall include a description of the accommodation, photos, the price for rent plus any applicable VAT, any extra charges and the availability of the accommodation. The listing shall be made in accordance with these user terms and shall accurately and completely describe the accommodation offered. Guests will be able to book the accommodation on the Webpage based on the information provided in the listing. A Host must choose which cancellation policy that shall apply to the Host’s listing. The cancellation policies applicable from time to time are available on the Webpage.

As a Guest you understand that Handiscover has no responsibility for and makes no guarantees in relation to the content of a listing or the identity of a Host.

Booking and Payment

The Host will determine a fee for the accommodation (the “Accommodation Fee”). Handiscover will, as payment for use of the Service, charge a percentage of the Accommodation fee including VAT (in countries/regions where VAT is required) from the Guest and Host respectively in accordance with the rates on the Webpage. For Guests such fee is referred to as the Handiscover Guest Fee and for Hosts the Handiscover Host Fee. You acknowledge that Fees may differ depending on currency fluctuations and conversions from time to time.

A Host that receives a request for booking of an accommodation must accept or reject such request within 48 hours of the request, otherwise the request will be automatically cancelled. When a Guest makes a request, the name and user name of the Guest will be shared with the Host to whom the request has been made.

Upon confirmation from the Host, the parties must enter into a lease agreement regarding the rent of the accommodation. The Guest shall pay the Accommodation Fee and the Handiscover Guest Fee to Handiscover. Handiscover will release the Accommodation Fee with the deduction of the Handiscover Host Fee to the Host within 24 hours of when the Guest arrives at the rented accommodation. Each Host agree that payment to Handiscover made by a Guest shall be considered as payment to the Host and the Host shall make the accommodation available to the Guest as if the Host had received the Accommodation Fee.

Handiscover uses third party services for payment on the Webpage. You may be required to accept the user terms and privacy policy of such third party in order to make payments on the Webpage.

Cancellation

If a Guest cancels the requested booking before the Host has confirmed the booking, Handiscover will cancel any payment from the Guest’s credit card and/or pay back any amount charged to the credit card within a reasonable time.

After confirmation by the Host, a Guest has the right to cancel the booking in accordance with the applicable cancellation policy for the listing. Any refund of Accommodation Fees will depend on the terms of the applicable cancellation policy. Provided that the Accommodation Fee or parts thereof shall be refunded after cancellation, Handiscover will refund such means to the Guest within a reasonable time. The Handiscover Guest Fee is non-refundable which applies for all cancellation policies.

If a booking is cancelled by the Host, Handiscover will pay the Accommodation Fee and the Handiscover Guest Fee to the Guest affected by such cancellation within a reasonable time.

Cancellation

User Content

You may upload videos, audio clips, written comments, data, text, photographs, software, scripts, graphics and other information ("User Content ") to the Webpage. You are fully responsible for any User Content that you upload to the Webpage.

You agree and warrant that you will not publish, post, transfer, distribute or upload any content or information to the Webpage and/or the Services which:

  1. Is false, misleading, untruthful or inaccurate
  2. Promotes or encourages illegal activity
  3. Is racially or ethnically offensive and/or constitutes agitation against a minority (such as a national or ethnic group)
  4. Constitutes defamation, contains pornography or is in any other way sexually explicit
  5. Attacks sexual orientation or religion or is discriminating in any other way, or
  6. Is in any way harmful, abusive, offensive or illegal or which infringes the rights of any third party (such as including but not limited to copyright and trade marks)

You agree and warrant that you will not, and will not permit any third party to:

  1. Use the Webpage and/or the Services to transfer or upload files or other content that contains viruses, Trojans, corrupted data, malicious software or other programs that may harm computers or other property
  2. Use the Webpage and/or the Services to defame, harass, discriminate or threaten another person or in any other way violate the rights of another person
  3. Distribute or reproduce all or any part of the Webpage and/or the Services
  4. Alter, disassemble, decompile or reverse engineer any part of the Webpage and/or the Services, unless explicitly permitted by mandatory law
  5. Use software that reads data on the Webpage and/or the Services automatically
  6. Use the Webpage and/or the Services to request or encourage other users to breach any provision of these Terms of Use
  7. Abuse the Webpage and/or the Services or use it for any unlawful or unauthorized purpose (which includes transmitting any computer viruses through the Webpage, or
  8. Using the Webpage and/or the Services in a manner which violates or infringes the rights of anyone else)

The Services may enable you to send messages to other users. You are personally responsible for any messages that you send by use of the Services and you warrant that you will not send messages in breach of these Terms of Use, including to harass or threaten other users.

If you receive any messages or photos that you think are in breach of these Terms of Use, or otherwise believe that the Webpage and/or the Services are used for illegal purposes or for purposes which are not in accordance with these Terms of Use, please contact us at Den här e-postadressen skyddas mot spambots. Du måste tillåta JavaScript för att se den., or Den här e-postadressen skyddas mot spambots. Du måste tillåta JavaScript för att se den.. We reserve the right to immediately remove any content from the Webpage that we in our sole discretion deem is in breach of these Terms of Use, any other terms or policies posted on the Webpage or is otherwise harmful to us or to our users.

THIRD PARTY SITES

Please note that any information that you enter on a third party webpage (and not directly at the Webpage), e.g. when using your social media or other accounts to log in to the Services, will be shared with the owner of that third party website. Your information may be subject to the privacy policies as well as the terms of use of such third party sites.

DISCLAIMER OF WARRANTY

Handiscover accepts no liability for the actions of Hosts or Guests or for the condition of the accommodations. Any complaints in relation hereto shall be directed towards the affected Host or Guest. By using the Webpage and/or the Services you agree that any remedy or liability that you wish to seek due to actions of other users and/or the availability of or condition of an accommodation shall be made against such other users and not against Handiscover.

The Webpage and the Services are provided ‘as is’ without warranty of any kind and your use of the Services is solely your responsibility. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, fitness for any particular purpose, suitability or accuracy of the Webpage or the Services. We advise you not to trust the accuracy of the Services and expressly disclaim all liability regarding the functionality of the Services.

There may be situations when the Services will not be accessible, including but not limited to necessary maintenance and circumstances outside our control, for which we shall never be liable.

PROCESSING OF PERSONAL DATA

We process personal data received in connection with the use of the Services. The personal data processing is made in accordance with our Privacy Policy available here handiscover.com/privacy.

INTELLECTUAL PROPERTY RIGHTS

Content

You agree that the Webpage and the Services contain content specifically provided by us or third parties and that such content may contain intellectual property rights.

You agree to respect all intellectual property rights, including but not limited to copyright, trademarks, trade names (whether registered or not) contained or displayed on the Webpage or which you gain access to in connection with the Services.

You may only use the content of the Webpage for your own use of the Services and you must not use the content of the Webpage in breach of applicable law or these Terms of Use. You may use such content only for the purpose of using the Services.

We do not grant you any other license to use said intellectual property rights except as expressly set out in these Terms of Use.

You agree that the content published on the Webpage may belong to third parties, and that we do not have control over such content. Therefore, you agree that we shall not be held responsible for any such content provided by third parties and displayed on or contained in the Webpage or the Services.

User Content

When using the Services you may upload User Content to the Webpage. Ownership of all User Content shall stay with you, or the third party having ownership to such User Content.

You hereby grant us a worldwide, non-exclusive, royalty-free and sub-licensable right to host, publish, distribute, stream, transmit, playback, transcode, copy, feature, display and otherwise use the User Content to provide and market the Webpage and the Services.

You warrant that you have all necessary rights to display and upload the User Content and in all other ways use the User Content and to provide us with the above license to the User Content. Should any User Content infringe the intellectual property rights of a third party, you agree to immediately remove all infringing parts of the User Content and indemnify us all damages, costs and expenses incurred as a result of such infringement.

Should we be made aware or have reason to believe that the User Content infringes any third party's intellectual property rights, we have the right, but not the obligation, to remove from the Webpage all such User Content and may suspend access to your account temporarily or permanently.

INDEMNITY AND LIMITATION OF LIABILITY

You are liable to us for any damages caused to us, or any third party, due to your breach of these Terms of Use, including but not limited to the misuse of the Webpage and/or Service. Furthermore, you agree to indemnify us in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities and losses incurred by us arising in any manner in relation to your breach of these Terms of Use.

To the extent permitted under mandatory law, we shall not be liable to you or any third party for any direct damages, indirect damages or any other damages of any kind including but not limited to loss of profit, loss of income, loss of revenue, business interruption or goodwill losses arising out of or in connection with these terms or the use or inability to use or access the Services or the Webpage. We are not liable to you for any claims made by third parties towards you.

CHANGE OF TERMS AND TERMINATION OF SERVICES

We have the right to make changes to these Terms of Use. We will inform you of any such changes at the latest thirty (30) days before a change starts to apply. We will give you such information by clear notice here handiscover.com/terms or by email to the email address provided by you.

You have the right to at any time and without prior notice terminate your user account and remove you content from the Webpage.

We have the right to suspend your access to the Services with immediate effect if we have reason to believe that you are violating these Terms of Use. Furthermore, we reserve the right at any time to modify, discontinue, temporarily or permanently cease providing the Services without prior notice at any time on our own discretion, or if required by law or decision by an authority. You agree that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.

ASSIGNMENT

You may not transfer or assign any rights or obligations and licenses granted under these Terms of Use.

If the ownership of Handiscover’s business changes, we may transfer and assign these Terms of Use and any information, rights and obligations, including your user account, set out under these Terms of Use. This includes any assignment to a company within the Handiscover’s group of companies, including an owner of, or subsidiary to, Handiscover. Any new owner will still have to honor the commitments we have made in these Terms of Use.

GOVERNING LAW AND DISPUTES

These Terms of Use shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.

Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by the Swedish courts, with the District Court of Stockholm as the first instance, unless otherwise provided by mandatory law.

 

4131-1511-5010, v. 5, Last revised 2016-08-06

 

 

Payment processing services for account holder on Handiscover are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a account holder on Handiscover you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Handiscover enabling payment processing services through Stripe, you agree to provide Handiscover accurate and complete information about you and your business, and you authorize Handiscover to share it and transaction information related to your use of the payment processing services provided by Stripe.