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Terms of Service

 

Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a clause that governs the jurisdiction and venue of disputes.

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eLands.co. (hereafter referred to as "eLands", "we", "us", or "our") provides an online platform that connects hosts who have accommodations to rent with guests seeking to rent such accommodations (collectively, the “Services”), which Services are accessible at www.eLands.co and any other websites through which eLands makes the Services available (collectively, the “Site”) and as an  for mobile devices (the “”). By using the Site, 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,  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 eLands. Please read carefully these Terms and our Privacy Policy, which may be found at www.eLands.co/policies , and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

The Site and Services comprise an online platform through Hosts (defined below) may create listings (defined below) for Accommodations (defined below) and Guests (defined below) may learn about and book accommodations. You understand and agree that eLands is not a party to any agreements entered into between Hosts and Guests, nor is eLands a real estate broker, agent or insurer.

 

 

eLands.co, Key Terms

eLands Content” means all Content that eLands makes available through the Site, , or Services, including any Content licensed from a third party, but excluding Member Content.
Collective Content” means Member Content and eLands Content.
Content” means text, graphics, images, music, softwareaudio, video, information or other materials.
Guest” or ''Tenant'' means a Member who requests a booking of an Accommodation via the Site,  or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation.
Host” or ''Lessor'' means a Member who creates a Listing via the Site and Services.
Listing” means an Accommodation that is listed by a Host as available for rental via the Site, , and Services.
Member” means a person who completes eLands 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 or transmits to be made available through the Site  or Services.
Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes and other similar, state and indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions 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, , 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, Services, or Collective Content.

You acknowledge and agree that, by accessing or using the Site or Services, or by downloading or posting any content from or on the Site, via the  or through the Services or by participating in the referral program, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the Site.  If you do not agree to these Terms, there you have no right to access or use the Site, Services, or collective content or to participate in the referral program. 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.

 

 

eLands Modifications

eLands reserves the right, at its sole discretion, to modify the Site,  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 provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating 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 Site and Services.

 

 

Eligibility

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

 

 

How the Site and Services Work

The Site and Services can be used to facilitate the listing and booking of residential and other properties (“Accommodations”). Such Accommodations are included in Listings on the Site and Services by Hosts & Lessors. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create an eLands Account (defined below).


As stated above, eLands makes available a platform or market place with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations. eLands is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and eLands does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. eLands’ responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.

Please note that, as stated above, the Site and Services are intended to be used to facilitate the booking of Accommodations. eLands cannot and does not control the content contained in any listings and the condition, legality or suitability of any Accommodations. eLands is not responsible for and disclaims any and all liability  related to any and all listings and Accommodations. Accordingly, any bookings will be made at the Guest’s/Tenant's own risk.

 

 

Account Registration

In order to access certain features of the Site, and to book an Accommodation or create a Listing, you must register to create an account (“eLands Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.

You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site, as described below. As part of the functionality of the Site,  and Services, you may link your eLands Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to eLands through the Site orServices ; or (ii) allowing eLands to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to eLands and/or grant eLands access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating eLands to pay any fees or making eLands subject to any usage limitations imposed by such third party service providers. By granting eLands access to any Third Party Accounts, you understand that eLands will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services  via your eLands Account and eLands Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your eLands Account on the Site and Services. Please note that if a Third Party Account or associated service becomes unavailable or eLands access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site and Services . You have the ability to disable the connection between your eLands Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site . Please note that your relationship with the third party services providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. eLands makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and eLands is not responsible for any SNS Content.

We will create your eLands Account and your eLands Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active eLands 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. eLands reserves the right to suspend or terminate your eLands Account and your access to the Site  and Services if you create more than one (1) eLands Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your eLands Account, whether or not you have authorized such activities or actions. You will immediately notify eLands of any unauthorized use of your eLands Account.

 

 

Accommodation Listings 

As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site  and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site  and Services. Other Members will be able to book your Accommodation via the Site,  and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodation, the price for such booking may not be altered.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Guest stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that eLands assume no responsibility for a Host’s compliance with any applicable laws, rules and regulations. eLands reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that eLands, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site  or Services.

You understand and agree that eLands does not act as an insurer or as a contracting agent for you as a Host. 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 eLands is not a party thereto. Notwithstanding the foregoing, eLands serves as the limited authorized agent of the Host for the purpose of accepting payments from Guests on behalf of the Host and is responsible for transmitting such payments to the Host.

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, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book 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 via the “Hosting” section of the Site  and Services.

If you are a Host, eLands makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable).

eLands 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 Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.

 

 

No Endorsement

eLands does not endorse any Members or any Accommodations. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site,  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 and you agree not to attempt to impose liability on, or seek any legal remedy from eLands 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 eLands regarding the remittance of payments received from a Guest by eLands 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 for Hosts/Lessors 

If you are a Host and a booking is requested for your Accommodation via the Site  and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by eLands in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site  and 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 eLands Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guest on such SNS, and (iv) an indication that the name that the Guest provided to eLands when the Guest became a Member matches the name that the Guest provided to the SNSs to which the Guest has linked his or her eLands Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an Accommodation within such 24 hour period, any amounts collected by eLands for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, eLands will send you an email or text message confirming such booking, depending on the selections you make via the Site and Services.

The fees displayed in each Listing are comprised of the Accommodation Fees (defined below) and the Guest Fees (defined below.) Where applicable, Taxes may be charged in addition to the Accommodation Fees and Guest Fees. The Accommodation Fees, the Guest Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Guest solely relating to a Host’s Accommodation are the “Accommodation Fees”. Please note that it is the Host and not eLands which determines the Accommodation Fees. The Accommodation Fee may include a cleaning fee, at the Host’s discretion.

 

 

Appointment of eLands as Payment Agent for Host

Each Host hereby appoints eLands as the Host’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Host. Each Host agrees that payment made by a Guest to eLands shall be considered the same as a payment made directly to the Host and the Host will make the Accommodation available to Guest in the agreed upon manner as if the Host has received the Accommodation Fees. Each Host agrees that, eLands 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 to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Host, eLands assumes no liability for any acts or omissions of the Host.

Please note that eLands may charge fees for the creation of Listings.However, you acknowledge and agree that eLands reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that eLands will provide notice of any Listing fee collection via the Site  and Services, prior to implementing such a Listing fee feature.

 

 

Bookings and Financial Terms for Guests / Tenants 

The Hosts, not eLands, are solely responsible for honouring any confirmed bookings and making available any Accommodations reserved through the Site  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 eLands, will be responsible for performing the obligations of any such agreements, that eLands is not a party to such agreements, and that, with the exception of its payment obligations hereunder, eLands disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that eLands is not a party to the agreement between you and the Host, eLands acts as the Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to eLands which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and eLands is responsible for remitting such amounts, less eLands’ Host Fees, to the Host. In the event that eLands does not remit any such amounts to a Host, such Host will have recourse only against eLands.

Listings for Accommodations will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by eLands in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by eLands will be refunded to such Guest, depending on the selections the Guest makes via the Site , and any pre-authorization of such Guest’s credit card will be released, if applicable.

You agree to pay eLands for the Booking Reservation Fees for any booking requested in connection with your eLands Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that eLands, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Booking Reservation Fees or (ii) charge your credit card a nominal amount, or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound) to verify your credit card. Once eLands receive confirmation of your booking from the applicable Host, eLands will collect the Booking Reservation  Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that eLands cannot control any fees that may be charged to a Guest by his or her bank related to eLands’ collection of the Total Fees, and eLands disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to eLands or its third party payment processor. You agree to pay eLands for any confirmed bookings made in connection with your eLands Account in accordance with these Terms by one of the methods described on the Site – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by eLands or indirectly, via a third party online payment processor or by one of the payment methods described on the Site. If you are directed to eLands’ third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

 

 

Security Deposits

A security deposit is a reasonable sum of money held in trust by the property owner to save guard the welfare of his property and to ensure the cost of repair in relation to any damage done during the renting of the property or space.

We at eLands know that a security deposit helps protect both parties and in some cases it is necessary, however, although we offer the function where the lessor can showcase the amount s/he would need as a security deposit on rentals, we feel that we cannot serve as the judge & jury and take sides without being present during any claimed damages. We do suggest though that the lessor asks for an off-site security deposit and that it is stated in the listing before any booking request.

 

 

Service Fees

In consideration for providing the Services, eLands collects service fees from Hosts and Guests (“Service Fees”). Service Fees are made up of two (2) components: (i) Guest Fees and (ii) a fee that is charged to the Host based upon a percentage of the amount of the Accommodation Fees (“Host Fees”). Where applicable, Taxes may also be charged in addition to the Host Fees. Host Fees are deducted from the Accommodation Fees before remitting the Accommodation Fees to the Host, within 24 hours of when the Guest arrives at the applicable Accommodation. Guest

Fees are, as noted above, included in the Total Fees.

Balances will be remitted by eLands to Hosts via check, PayPal, direct deposit or other payment methods described on the Site, in the Host’s currency of choice, depending upon the selections the Host makes via the Site and Services. Please note that for any payments by eLands in currencies, eLands may deduct foreign currency processing costs from such payments. More information on foreign currency processing cost deductions will be available via the Site and .

More information on Services Fees can be found ''Here'' .  Except as otherwise provided herein, Service Fees are non-refundable.

 

 

Damage to Accommodations

As a Guest, you are responsible for leaving the 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 who you invite to, or otherwise provide access to, the Accommodation.

 

 

 

 

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, Services and Content. In connection with your use of our Site and 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, including, without limitation, zoning restrictions and Tax regulations;

 

  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Content;

 

  • use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;

 

  • copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;

 

  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

 

  • interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

 

  • use our Site 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 or Services 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, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an eLands Guest or Host;

 

  • offer, as a Host, any Accommodations that you do not yourself own or have permission to rent 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 a rental agent or listing agent for a third party);

 

  • offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;

 

  • register for more than one eLands Account or register for an eLands Account on behalf of an individual other than yourself;

 

  • contact a Host for any purpose other than asking a question related to a booking, such Host’s Accommodations or Listings;

 

  • contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site and Services;

 

  • when acting as a Guest or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to eLands, without eLands’ 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 or otherwise interact with the Site  or Services;

 

  • use the Site and Services to find a Host or Guest and then complete a booking of an Accommodation transaction independent of the Site or Services in order to circumvent the obligation to pay any Service Fees related to eLands’ provision of the Services;

 

  • as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honour;

 

  • or 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 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  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, or any individual element within the Site or Services, eLands’ name, any eLands trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without eLands’ express written consent;

 

  • access, tamper with, or use non-public areas of the Site, eLands’ computer systems, or the technical delivery systems of eLands’ providers;

 

  • attempt to probe, scan, or test the vulnerability of any eLands system or network or breach any security or authentication measures;

 

  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by eLands or any of eLands’ providers or any other third party (including another user) to protect the Site, Services,  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  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  or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

 

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

 

 

Privacy

TO ADDD

 

 

Ownership

The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the Republic of Malta and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of eLands 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, Services, or Collective Content.

 

 

eLands Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, eLands grants you a limited, non-exclusive, non-transferable license, to (i) access and view any eLands Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site,  Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by eLands or its licensors, except for the licenses and rights expressly granted in these Terms.

 

 

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site,  and Services, you hereby grant to eLands a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site,  and Services. eLands 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 and Services. 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,  and Services or you have all rights, licenses, consents and releases that are necessary to grant to eLands 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 eLands’ use of the Member Content (or any portion thereof) on, through or by means of the Site,  and the Services 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 and Services may contain links to third-party websites or resources. You acknowledge and agree that eLands 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 eLands 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 eLands 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, located at, http://www.google.com/intl/en_us/help/terms_maps.html.

 

 

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of eLands used herein are trademarks or registered trademarks of eLands. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. 

 

 

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us through the “Support” (www.eLands.co/customer-support) section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of eLands and you hereby irrevocably assign to eLands and agree to irrevocably assign to eLands 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. At eLands’ request and expense, you will execute documents and take such further acts as eLands may reasonably request to assist eLands to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

 

 

Copyright Policy

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

 

TO ADD

 

 

 

Termination and eLands Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your eLands Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event eLands terminates these Terms, or your access to our Site,  and Services or deactivates or cancels your eLands Account you will remain liable for all amounts due hereunder. You may cancel your eLands Account at any time via the “Cancel Account” feature of the Services or by sending an email to kersten.chircop@preeostudios.com. Please note that if your eLands Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site  and Services, including, but not limited to, any reviews or Feedback.

 

 

Disclaimers

If you choose to use the Site, Services you do so at your sole risk. You acknowledge and agree that eLands does not have an obligation to conduct background checks on any member, including, but not limited to, Guests and Hosts, but may conduct such background checks in its sole discretion. The Site, Services, Collective Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, eLands explicitly disclaims any warranties of merchant ability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. eLands makes no warranty that the Site, Services, Collective Content, including but not limited to, the listings or any accommodations will meet your requirements or be available on uninterrupted, secure, or error-free basis. eLands makes no warranty regarding the quality of any Listings, Accommodations, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the Site, , Services. No advice or information, whether oral or written, obtained from eLands or through the Site, Services or Collective Content, will create any warranty not expressly made herein. You are solely responsible for all your communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site,  or Services, including, but not limited to, any Hosts or Guests. You understand that eLands does not make any attempt to verify the statements of users of the Site or Services or to review or visit any Accommodations. eLands makes no representations or warranties as to the conduct of users  of the Site,  or Services or their compatibility with any current or future users of the Site  or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site 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 eLands. Notwithstanding eLands’ appointment as the limited agent of the Hosts for the purpose of accepting payments from Guests on behalf of the Hosts, eLands explicitly disclaims all liability for any act or omission of any Guest or other third party.

 

 

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, Services and collective content, your listing or booking of any accommodations via the Site,  and Services and any contact you have with others users of eLands whether in person or online remains with you. Neither eLands nor any other party involved in creating, producing, or delivering the Site, Services, collective content 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, or Services or other persons with whom you communicate or interact as a result of your use of the Site, Services or from your listing or booking of any accommodation  via the Site,  and Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not eLands 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 eLands Host Guarantee, in no event will eLands’ aggregate liability arising out of or in connection with these terms and your use of the Site,  and Services including, but not limited to, from your listing or booking of any accommodation via the Site,  and Services, or from the use of or inability to use the Site, Services, or collective content  in connection with any amounts you have paid or owe for booking via the Site,  and Services as a Guest in the (12) month period prior to the event giving rise to the liability, 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 eLands 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 eLands 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, 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, (iii) creation of a Listing or (iv) the use, condition or rental 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 rental, booking or use of a Accommodation.

 

 

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 behaviour, (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 eLands by contacting us with your police station and report number from ''Support'' 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.

 

 

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between eLands and you regarding the Site, Services, Collective Content, and any bookings or Listings of Accommodations made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between eLands and you regarding bookings or listings of Accommodations, the Site, Services and Collective Content. 

 

 

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without eLands’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. eLands 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 eLands (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the . 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 Terms will be interpreted in accordance with the laws of the Republic of Malta, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of Malta 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.

 

 

Dispute Resolution in Malta

You and eLands agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or  (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains 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. You acknowledge and agree that you and eLands are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and eLands otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the Malta Arbitration Centre (“MAC”) in accordance with the Commercial Arbitration Rules  then in effect, except as modified by this “Dispute Resolution” section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the current procedure adopted by MAC. (The MAC provides the forms Demand for Arbitration at http://www.mac.org.mt/en/ArbitrationForms/Pages/-Forms.aspx

Arbitration Location and Procedure. The arbitration will be conducted solely on the basis of documents you and eLands submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. Subject to the MAC procedure, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the MAC Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. eLands will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any MAC filing, administrative and arbitrator fees will be solely as set forth in the current procedure adopted by the MAC.

Changes. Notwithstanding the provisions of the “Modification” section above, if eLands changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to kersten.chircop@preeostudios.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of eLands’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and eLands in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

 

General Enforcement 

The failure of eLands 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 eLands. 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.