Last Updated: 06 April, 2024
Thank you for using Coliving.com!
By using Coliving.com, you agree to act in accordance with our Terms of Use. Coliving.com is a marketplace and a property management service for managers of coliving properties and is provided by Coliving, Inc. This Agreement (“Agreement”) defines the Terms and Conditions the (“Terms”) for the use of the Coliving.com service by property managers.
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(“
Coliving.com”, “
us”, “
we” and “
our”) means Coliving, Inc, a US corporation with Business ID 6775540, and the address 2035 Sunset Lake Rd., 19702 Newark, New Castle, Delaware, United States.}
(“
You" and "
your") refers to the person accepting the terms of this Agreement or the company this person represents.
(“
Platform” and “
Service”) means the software provided by Coliving, Inc. and available on coliving.com and subdomains (the “
Coliving.com Site”).
(“
Host”, "
user" and "
users") means you or your employees, representatives, consultants, contractors, or agents who are authorized to use the Service and have been supplied user identifications and passwords by you.
(“
Accommodation”) means the bedroom, either private or shared, in a physical property for which you have the legal right to create a Listing for and rent to Residents.
(“
Listing(s)”) means the content, pictures, text descriptions, video, pricing, and other data provided by you via the Coliving.com service to represent Accommodation that you make available for booking by Residents.
(“
Publish”) means the action undertaken by you to make your Listing available to Residents on selected Sales Channels.
(“
Sales Channels”) means the websites that Coliving.com has commercial agreements to publish Accommodations for booking by Residents.
(“
Resident”) means a third party individual with whom you contract for the rent of Accommodation as represented by a Listing published through the Service, where the Booking and Resident Payment for the Booking was processed through the Service.
(“
Booking Rules”) means the rules that you define for each Listing, including move-in instructions, minimum stay, nightly and monthly rates, and discounts, including Longer stay discounts, seasonal price adjustments, Early bird, and Last minute discounts.
(“
Request Booking”) means the status of a Listing that requires your explicit acceptance of the Booking made by a Resident before it is confirmed.
(“
Instant Booking”) means the status of a Listing that does not require your explicit acceptance of the Booking made by a Resident before it is confirmed.
(“
Confirmed Booking”) means an agreement between You and a Resident for Accommodation as represented by a Listing.
(“
Booking Request”) means a request from a Resident for the rent of an Accommodation, for which you are required to Accept, Change or Decline. If a Resident Payment was not provided during the Booking Request, a Resident Payment needs to occur before it becomes a Confirmed Booking.
(“
Accepted Booking”) means a Booking Request that has been explicitly accepted by you by clicking the Accept button and is now confirmed.
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Declined Booking”) means a Booking Request that has been explicitly declined by you by clicking the Decline button and is canceled.
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Canceled Booking”) means a Confirmed Booking that has been explicitly canceled by you or the Resident by completing the Cancel Booking steps.
(“
Resident Payment”) means the money authorized and captured by Coliving.com from the Resident for a Request Booking or Confirmed Booking.
(“
Resident Cancellation Policy”) means a predefined set of rules that you select per Listing in the Platform defining the refund available to the Resident if they cancel a Confirmed Booking.
(“
Calendar”) means the Coliving.com calendar for each Listing, which shows available and not available bookable nights.
(“
Calendar Sync”) means a service provided by Coliving.com to import third party calendar events to the Coliving.com Calendar and export Coliving.com calendar events using the iCalendar format.
(“
Account”) means your login and all associated personal data within our Platform, including information that is required to be stored by us for you to use the services.
(“
Account Plan”) means a set of commercial terms between you and Coliving.com, defining such things as the Fees that you pay us, Payout Terms, and other conditions.
(“
Fees”) refer to the amounts that Coliving.com deducts from Bookings before Payouts are calculated to cover the costs of providing our Service, and the direct costs of Bookings including Sales Channel commissions which we pay on your behalf, and the financial costs of processing Resident payments and your Payouts. (“Fees”) also refer to one-time payments that you make to us for various services and recurring payments that you make to us for subscription-based services, which are automatically collected by us at regular intervals.
(“
Cancellation Fees”) means the fees that you agree to pay Coliving.com if you cancel a Confirmed Booking further defined in this Agreement.
(“
Payout”) means the money that you receive from Coliving.com for a booking after we have deducted our Fees. According to your account’s Payout terms, a payout is made to your nominated Payout Method.
(“
Payout Terms”) means the pre-defined set of rules set by your active Account Plan that determine the Service Fee amount and Payout date that will be applied to a Confirmed Booking.
(“
Payout Method”) means the details of your bank account or another supported financial account to which we transfer your Payout.
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Intellectual Property”) means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how, and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
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By completing the setup of a Coliving.com Account, you represent that you are authorized to enter into this Agreement as an authorized representative of the company being represented as a party to this Agreement with Coliving, Inc. and that you agree to be bound by all its terms and conditions, including these Terms. You also agree that our
Residents Terms and
Privacy Policy forms a part of these terms and conditions.
2.1 Minimum Commitment Period By listing your property, you are agreeing to keep your listing active and available for booking on Coliving.com for a minimum of three months from the date it is first published.
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We provide Coliving.com as an online service, meaning that all services provided are in digital form, and no hard copies of data or services will be made available. Coliving.com provides an online management service for Accommodations which takes the form of a software platform that can be used by you to create, manage, in order to offer stays in the Accommodation you own, manage or have authority to represent; along with additional related coliving management services.
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Property managers may register online with Coliving.com to list their Accommodation in order to receive bookings and to gain access to other property/coliving management features. All User accounts must have a verified email address and a verified mobile phone number to be activated. By completing your User account, you agree to the following responsibilities:
- Ensure that your Account details and profile are correct and up to date;
- Ensure that your Listings’ details are correct and up to date;
- Ensure that your Listings provide a true and accurate representation of your Accommodation;
- Ensure that your Listing rates are set correctly;
- Ensure that your Calendar(s) are always up-to-date using Calendar Sync or by blocking unavailable dates manually to your Calendar;
- Ensure that if your Listing is temporarily or permanently unavailable, or you are not accepting bookings for a specific time period, that you disable the Listing or block this period in the Calendar;
- Ensure that your selected Sales Channels for each Listing reflect your wishes and that you are not directly listed on any selected Sales Channels which would result in duplicated Listings;
- Receive and respond to pre-booking inquiries from potential Residents in a timely manner, and within a maximum of 48 hours;
- Approve Booking Requests if one or more of your Listings is listed with Request Booking;
- Resolve double-bookings to the Resident’s satisfaction;
- Contact Residents before move-in date to advise of move-in procedures;
- Validate Resident's identity at move-in. In case of invalid Resident identity, you must report this to Coliving.com within 24 hours of a Resident's arrival. A payout cannot be guaranteed if a Resident's identity is not validated upon arrival and a complaint or chargeback is received;
- Resolve post-move-in issues, including complaints by the Resident about Accommodation quality;
- Agree to provide your Accommodation according to the Residents Terms and not to provide different terms to Residents;
- You may ask Residents to sign a separate contract if they are committing to stay for more than 3 months when a discount is given;
- Resolve issues brought about by the failure by either you or the Resident to fulfill the Residents Terms agreed to via the Platform;
- Report problems to us that you encounter during the Resident’s stay or no later than 24 hours after move-out using the “Report a Problem” link found on the Booking Details page;
- Provide proof of your identity and legal right to advertise and offer for booking any accommodation described by Listings in your account upon our request.
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You acknowledge and agree that you alone are responsible for any Listings you publish. Accordingly, you represent and warrant that you are legally entitled to advertise for the Accommodation represented by any Listing you publish using the Service. Expressly, you represent and warrant that any Listing you publish and the booking of, or a Resident's stay at, Accommodation in a Listing you post: (i) will not breach any agreements you have entered into with any third parties, such as homeowners associations, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), 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. Coliving.com assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. Coliving.com reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Coliving.com, in its sole discretion, considers being objectionable for any reason, in violation of these Terms, or otherwise harmful to the Service. In particular, Coliving.com reserves the right to remove or disable Listings or Accounts that have received negative reviews from Residents or have canceled or declined an excessive amount of bookings (as determined by Coliving.com).
5.1 Copyright & Intellectual Property. Your listing must comply with all copyright and intellectual property laws and regulations, including, but not limited to, written content such as listing descriptions and visual media content such as photos. Coliving.com accepts no responsibility for your adherence to the relevant laws and regulations and retains the right to remove without notice or compensation any listing that is found or believed to be in breach of such. In case of uploading images or content to which you do not own the copyright, you agree to reimburse Coliving.com any costs and expenses for settling claims that may arise.
5.2 Listing Accuracy. Listings must as far as possible accurately reflect the nature of the property in regarding descriptions, photos, amenities, or any other information about the property that may influence a Resident’s booking decision or experience at the property. Similarly, upon the Resident’s arrival, the property must as far as possible reflect the listing as it was made at the time of booking. Any significant changes (for example, renovations or alterations, or the temporary or permanent addition or removal of facilities or amenities) must be communicated to and agreed with the Resident beforehand. Coliving.com reserves the right at any time and without prior notice to cancel bookings, withhold payment or remove listings that are believed to have violated standards of accuracy. In such cases, you agree to pay any cancellation fees or Resident compensation applicable to bookings canceled by Coliving.com due to listing inaccuracies.
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To meet the needs of different Users, Coliving.com may offer Custom Pricing Agreements with Users at Coliving.com’s sole discretion. Users with Custom Pricing Agreements remain subject to the Terms & Conditions described in this document. Custom Pricing Agreement terms may include but are not limited to alterations to Fees, Payout Terms, or the inclusion or use of other services or features. The offering or activation of such terms may be subject to the User completing a Business Verification process. In such cases, your Account must be in the name of a registered Business that has been verified by Coliving.com (“Business Verification”) before these terms are activated. Suppose you have applied for a Custom Pricing Agreement while your Business Verification is pending. In that case, your Account will have the same commercial terms as our standard Pricing Agreement, which does not require Business Verification. Any Bookings confirmed while your Business Verification is pending will have the same commercial terms as our standard Pricing Agreement. Any decision by Coliving.com regarding a Business Verification application is final, and we are under no obligation to provide reasons for such findings or means for objections to be reviewed. Coliving.com reserves the right to adjust the commercial terms of Account Plans and Custom Pricing Agreements at any time, including the applicable Fees and Payout terms. All affected Account holders will be notified of such changes in advance by email, and your continued use of the Service after such notification shall be deemed as your acceptance of such changes.
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Managing bookings, whether they are Booking Requests and Confirmed Bookings, is the User’s sole responsibility. You understand and agree that Coliving.com does not act as an insurer or as your contracting agent. If Resident books your Accommodation and stays at your Accommodation, any agreement you enter into with such Resident is between you and the Resident, and Coliving.com is not a party to it. For clarity, at the moment that a Booking is confirmed, whether by instant confirmation for Instant Booking listings or by your Acceptance of a Booking Request for Request Booking listings, an agreement is concluded between you and the Resident. Furthermore, when a Booking is confirmed, you agree to pay Coliving.com the Fees as specified in this Agreement. The terms for each booking, such as available dates, move-in days, minimum and maximum stay, the maximum number of Residents allowed, discounts, advance notice, cancellation policy, and extra fees, are based upon the information defined in your Listing by you at the time the Booking Request of Confirmed Booking is created. These booking terms represent an offer from you to any potential Resident. No adjustment to booking terms may be made for a particular Confirmed Booking or Booking Request after it has been created.
7.1 Accepting and Declining Bookings. If you have chosen Instant Booking for a Listing:
- Bookings are automatically confirmed by the Platform as long as your Calendar has availability, Booking Rules are fulfilled, and the Resident details and payment are valid.
If you have chosen Request Booking for a Listing:
- Bookings are confirmed when you click the Accept button from the booking request screen within 48 hours of the Booking Request being submitted by the Resident. If a Resident Payment was not provided during the Booking Request, a Resident Payment needs to occur before it becomes a Confirmed Booking;
- Bookings Requests are declined with no charge to you when you click the Decline button from the booking request screen within 48 hours of the Booking Request being submitted by the Resident;
- The Platform can automatically decline bookings Requests if you fail to click the Accept or Decline button from the booking request screen within 48 hours of the Booking Request being submitted by the Resident;
- We reserve the right to apply a penalty Fee, limit your account access, and/or unlist your listings for failing to Accept or Decline a booking request or reply to Resident questions within 48 hours of the booking request being submitted by the Resident;
Once a booking made through the platform is confirmed, either an Instant Booking or a Booking Request accepted by you, the booking is binding.
7.2 Cancellation of Bookings.
It is imperative for Hosts to understand that in circumstances where a resident vacates the property prior to the anticipated departure date, the Service Fee will not be subject to reimbursement. For extended stays, it is strongly recommended for hosts to establish a formal agreement, enabling them to offset any potential losses against the Security Deposit provided by the Resident.
7.2.1 Cancellation by Resident. If a Resident cancels a Confirmed Booking prior to move-in, any refund owed will be determined by the cancellation time and the Resident Cancellation Policy in effect on your Listing at the time of booking. Cancellations will result in our Fees being subtracted from your Payout. In cases where a Resident fails to fulfill payment after a down payment, we'll seek resolution, possibly revising payment schedules. Failure to adhere will result in cancellation, governed by the Resident Cancellation Policy, with relevant Fees extracted from your Payout.
7.2.2 Cancellation by You. Should you need to cancel a Confirmed Booking, you must do so by logging in to your Coliving.com account and using the “Cancel your stay” feature found on the Booking Details page. Requesting a cancellation through email, LiveChat, telephone call, or any other means is not possible. Furthermore, it is strictly prohibited for you to contact a Resident directly to cancel a Confirmed Booking, and any such agreements made in this way will not be supported or honored by Coliving.com.
7.2.3 Cancellation by Coliving.com. Under certain circumstances, Coliving.com reserves the right to cancel a confirmed booking on your behalf. If Coliving.com decides to cancel a confirmed booking on your behalf because the Resident, or we cannot get in contact with you, or due to the property not being available at move-in, then our usual cancellation fees will still apply. Coliving.com also reserves the right to cancel confirmed bookings without any payout to you and to refund the Resident in full under conditions such as:
- Extenuating Circumstances (where the Resident provides proof);
- We have been unable to verify your account or suspect fraudulent activities;
- The Resident Payment involves Elevated Risk or suspected fraudulent activities;
- Technical issues outside our control;
7.2.4 Cancellation Fees. By canceling a Confirmed Booking, you agree that the Fees already invoiced and incurred for such booking are non-refundable (“Cancellation Fees”). You agree to pay us these Fees either by way of a deduction from your next Payout, upon request in our software before canceling the booking, via a payment method that you have shared with us, or upon presentation of an invoice from us, at our discretion. We always display to you the Cancellation Fee amount when you cancel a Confirmed Booking, and the action of canceling a Confirmed Booking by you confirms your agreement to pay us these Cancellation Fees.
7.3. Exclusivity and Circumvention.
7.3.1 Processing via the Platform. The Host and the Resident are obliged to process any services from the booking exclusively via the Platform, unless another arrangement is made with Coliving.com. Agreements outside the Platform are regarded as circumvention.
7.3.2 Circumventing Booking and Payment Processes. Users are not permitted in particular to circumvent the booking and Payment Processes, with special reference to Service Fees. If Users conclude a contract relating to the use/rental of Accommodation posted on the Platform outside the Platform (‘circumvention’), Coliving.com still has a claim to payment of Service Fees. A simple payment between the Resident and Host outside the Platform does not constitute circumvention. Circumvention is assumed if the Resident and the Host agree on booking a property other than that on the Platform if contact was established via the Platform (and the parties then agree on another property). The latter type of circumvention is not prohibited but does trigger a claim for payment of Service Fees that are also based on the booking period and as if the booking was made via the Platform. In this case, the Host is obliged to disclose bookings made to Coliving.com in full so that Coliving.com can base its calculations on this. If the Host does not do this, Coliving.com will ask the Resident for information. If Coliving.com is unable to obtain information from the Resident, Coliving.com is entitled to estimate Service Fees to be paid at its reasonable discretion.
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8.1 Mandatory Extras. Mandatory Extras that are to be paid upon move-in are strictly forbidden. You agree to never ask or demand any Resident at any time payment for any Extras after the Platform has confirmed the booking.
8.2 Optional Extras. You can define Optional Extras for each Listing, which will be communicated to the Resident after their Booking is confirmed. You may choose to offer such Extras free of charge or for a fee. The Resident may order Optional Extras up to 7 days before move-in, and we will notify you of an order by email. It is solely your responsibility to provide ordered Optional Extras at the time of check-in and collect payment from the Resident unless it has been pre-paid. Optional Extras provided by you to a Resident are not covered by our Residents Terms and must be governed by a separate agreement between you and the Resident directly, for which you are solely responsible.
8.3 Local Taxes. In some cities, regions, or countries, property managers must register Residents and collect tourist or local taxes upon check-in. It is your sole responsibility to be aware of your local laws and collect and report any applicable taxes and fees. You agree to define any mandatory local taxes applicable to bookings of your Accommodation via the Service in your Listing builder before publishing a Listing. When you add local tax requirements in the Listing builder, we will notify the Resident before booking. We do not take any payment for local taxes, and it is solely your responsibility to collect payment from the Resident at the time of move-in. Should a booking be made and local taxes are not defined in the Listing builder when the Platform confirms the booking, you agree not to request payment of such local taxes directly from the Resident and incur the cost of paying such local taxes yourself.
8.4 Security Deposits. As a Host, you have the option to require a Security Deposit from Residents. This requirement must be clearly outlined in your listing details. The collection of Security Deposits is managed directly by the Host. While Coliving.com is committed to supporting our Hosts with requests and claims concerning Security Deposits through commercially reasonable efforts, it's important to understand that Coliving.com does not take part in the administration or adjudication of any damage claims related to Security Deposits. Consequently, Coliving.com holds no liability for the management of Security Deposits or the resolution of related disputes. Should you collect a Security Deposit, it is incumbent upon you to return the deposit to the Resident promptly after their check-out, provided there have been no damages to the property. If damages are present, the Host is responsible for providing a detailed account and justification for any portion of the Security Deposit withheld, in accordance with our guidelines and applicable laws.
8.5 Price match guarantee. In the event that a Resident submits a legitimate claim under the Price Match guarantee, Coliving.com will promptly inform the Host and furnish them with the pertinent details of the claim. Subsequently, the Host is required to adjust the price displayed on the Platform — as needed — ensuring the lower rate becomes accessible for future bookings. Moreover, the Host is obligated to adjust the price promptly for the booking made by the Resident in question. Upon the Resident's move-in, the Host will refund the difference between the two rates directly to the Resident.
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Coliving.com does not collect any fees to be listed. We only earn money when you do.
9.1 Service Fee. For each confirmed booking, Coliving.com collects a Service Fee of 25% of the first month's rent for stays up to 3 months, and a Service Fee of 10% of the total booking value for stays over 3 months. We don't collect a Service Fee from any Security Deposits. It is important for Hosts to understand that in circumstances where a resident vacates the property prior to the anticipated departure date, the service fee will not be subject to reimbursement. For extended stays, it is strongly recommended that Hosts establish a formal agreement, enabling them to offset any potential losses against the Security Deposit provided by the Resident.
9.1 Transaction Fee. The Transaction fee is calculated based on Rent + Extra fees. This is a fee Stripe charges, and it is based on the Payment Method the Resident is using (Bank or Card). For the second month onward you will collect the rent directly from the Resident.
9.2 Payout Fee. The Payout Fee is applied to each Payout, not per Confirmed Booking. In most countries, we provide Stripe Connect with a fee from 0.25% to 1.5%.
9.3 One-Time Fees. One-Time fees refer to:
- Penalty fees such as fees for Cancellations;
Read more on paragraph 7.2.
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VAT is not applied to the rates presented to or paid by the Resident. You are solely responsible for declaring your income from bookings via Coliving.com according to your local taxation laws and paying the relevant taxes on your booking income. US VAT will be added to our Fees if you are assessed to be a VAT payer. A VAT payer is a US resident private person or company, or a US registered company without a valid US VAT number. If your account is registered to a company registered in the US, you agree to submit a valid US VAT number to enable VAT to be “reverse charged” and not added to the Fees we charge you.
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11.1 Calculation of Payout Amount. We always calculate your Payout based upon the Rent and Discounts that you have specified in the Listing Builder. A Payout is calculated for a booking as follows: Payout = ((Rent - Discounts) + Extra fees) - our Fees for Using the Service. In the case that you have incurred Cancellation Fees on a previous booking or bookings, you accept that these will be deducted from any future Payout.
11.2 Payout Terms. By default, you will receive a Payout once per month for all confirmed bookings. Your Payout Terms are determined by the Account Plan or Custom Pricing Agreement that was active when the booking was confirmed.
11.3 Payout Currency. When you create your account, you set your account currency. You must set your rates and other prices in your selected currency. All financial information in your account is calculated in your preferred currency. Payouts are made to you in your selected currency, regardless of the booking currency, which may differ for each booking. As such, you accept that small variations due to exchange rate fluctuations or cost-covering mark-ups may occur.
11.4 Bank Transfers. To receive payouts via Bank Transfer, you agree that your account information must be securely shared with selected third parties, namely Payment Processor. Your bank or our Payment Processor may charge an additional fee to exchange from USD to your local currency. Some recipient banks may charge fees for accepting our payouts. Coliving.com is not responsible for assessing or collecting such bank fees and is not liable for any discrepancies in payout amounts that may arise due to processing fees with your bank. Bank Transfers are processed and administered by Coliving.com’s selected partners, and Coliving.com is not responsible for any issues which may arise as a result of other parties or systems outside Coliving.com’s control.
11.5 Chargebacks. As we may become liable for chargebacks from Residents’ payment services, we retain the right to make a deduction from any future payouts concerning such chargebacks. You shall provide us with all reasonable cooperation concerning chargebacks. If you incur an excessive number of chargebacks, in our sole opinion, then we may remove your property listings from our platform, and we may terminate this Agreement without notice. In certain situations whereby we (a) receive notice of a chargeback filed without merit (as determined at our sole discretion) against us in respect of a legitimate charge for a Booking, and (b) subsequently lose the fair amount as a chargeback, you shall assign us the right to pursue the loss directly against the Resident, which right we may exercise at our sole discretion.
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In case of disputes between a Host and a Resident, this can be solved in the Dispute Resolution Centre. Disputes must be reported during the stay or Cool-off period, starting at the check-out time and end 24 hours later. Any Disputes that are not reported during the Cool-off period must be resolved between the Host and the Resident directly, and Coliving.com has no responsibility to mediate in these cases. Furthermore, for a Security Deposit to be used in the Dispute Resolution, the Dispute must be reported using the Dispute Resolution Centre during the Cool-off period.
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Coliving.com stores the following information: all relevant data about users’ accommodation, including descriptive texts, rich media such as photos and videos, prices and availability, personal and company data you give us in the signup process. All data will be shared with third-party sites such as Payment Processors, Sales Channels, agents, or property providers by your agreement.
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14.1 Data Security. Coliving.com undertakes to do its best to keep its users’ data confidential and to distribute it only to authorized parties. You are requested to keep backups of your data, and in the event of a data loss, Coliving.com does not guarantee to keep copies of your data. You are responsible for the accuracy of your data and checking the quality of the data frequently. While we only work with third-party data processors who are data protection compliant, Coliving.com accepts no liability for breaches or other circumstances that may arise in systems outside of our control. You undertake to use the system only for its intended purpose. Software hacking, re-use of our software code, accessing materials that you have not been authorized to use, and deliberately placing the platform under undue stress, and repeatedly harassing other users via unsolicited email or other means of communication are strictly forbidden.
14.2 Payment Security. We use third-party Payment Processors to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor, in addition to this Agreement. Each Payment Processor processes your payments in accordance with their terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable Payment Terms. You agree to make a payment using the Payment Method you provide in your Account. We reserve the right to correct or to instruct our Payment Processor to correct any errors or mistakes, even if payment has already been requested or received.
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Coliving.com undertakes to allow its Users to upload their Accommodation rates and pricing, digital media such as images and text describing Accommodation for rent, and calendar data relating to each Accommodation unit’s nightly availability.
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While we strive for our systems to be available at all times and free from errors, we do integrate software and services from third-party vendors to provide certain features, and as such, Coliving.com cannot be held liable by you for any problems arising from:
- Failures or delays of Calendar Sync imported events from third-party calendar systems;
- Failures or delays of Calendar Sync export from Coliving.com calendars and their import into third party calendar systems;
- Non-delivery of SMS or email Booking Request or booking confirmation notifications sent by the Platform to you;
- Failure of Payouts due to errors with our financial services provider or bank account errors input by you;
- Your incorrect input of rates or failure to keep your Calendar updated;
Coliving.com may not be held responsible for damages to third parties resulting from the distribution of data and media supplied by you, which you were unauthorized to send to us. You warrant that you have permission to distribute all data and media you provide to us. You are responsible for damage to Coliving.com or third parties resulting from malicious code or computer viruses spread by you into the platform.
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While Coliving.com takes every care to maintain our services’ continuity, the Internet is not always a stable medium, and errors, omissions, interruptions of service, and delays may occur at any time. As a result, Coliving.com does not accept any ongoing obligation or responsibility to operate the Coliving.com services or any particular part of it.
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Coliving.com reserves the right to collect statistics describing its Users’ performance and compliance with these terms and conditions and reserves the right to cancel the Service’s provision with immediate effect for Users who abuse these. Severe abuse resulting in financial loss or reputational damage to Coliving.com may result in legal action being taken against the Host.
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If a Host is found to be in breach of contract, Coliving.com reserves the right to cancel the User’s service with immediate effect. In cases of contract breach, any funds owed to Coliving.com must be settled immediately upon presenting a valid invoice.
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If you wish to delete your Account permanently, you agree to honor any existing Confirmed Bookings. Your Account may only be permanently deleted when all Confirmed Bookings have been completed. When an Account is deleted, this Agreement is terminated. To remove Listings and your Account, you must contact Coliving.com.
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In no event other than abuse of the platform covered in the paragraph titled "abuse" shall either party's aggregate liability exceed the amounts paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential, or other damages of any type or kind (including loss of data, revenue, profits, use, or another economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission in the content, regardless of the cause, even if the party from which damages are being sought or such party's licensors have been previously advised of the possibility of such damages.
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At our sole discretion, we reserve the right to modify the service or modify the Terms of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification to your registered email address. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Service after we have provided you with notice of a modification, you indicate that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.
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Nothing in these Terms or your use of Coliving.com creates or is intended to establish any partnership or joint venture between Coliving.com and you.
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If there is any inconsistency or discrepancy between the English and any translated version of the Host Terms & Conditions, the English version will prevail. Coliving.com is entitled to transfer its rights and duties from this contractual relationship to a third party in whole or in part.
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This Agreement shall be governed, construed, and interpreted by, through, and under the Laws of the State of New York, US.
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