Terms of Service
BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING GUESTS FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING AN EVENT OR ACCEPTING GUESTS. CERTAIN TYPES OF GATHERINGS AND EVENTS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON OPENOUT.
Last Updated: March 29, 2016
- Key Terms
OpenOut provides an online platform that connects people hosting an event at their home, with guests willing to join such events, by paying a fee that the host puts up. These at-home events (collectively, the “Services“), are accessible through applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
If you are using the Application or Services and you reside in India these terms of Service are between you and Social NXT Technologies Pvt.Ltd.
“Guest” means a Member who requests to join the event created by the person, who stays at an Accommodation.
“Host” means a Member who creates an event and invites people to join, via the Application.
“at-home” means residential and other non-commercial properties listed with OpenOut, where the host resides
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Member Content” means all Content that a Member displays, uploads, submits or transmits through the Website and/or Application
“OpenOut Content” means all Content that OpenOut makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and OpenOut Content.
“At-home Event” means the event planned at the venue that is put up for guests by hosts, at their accommodation or private non-commercial property.
“Member” means a person who completes OpenOut’s account registration process, including but not limited to Hosts and Guests, who registers and creates an OpenOut account.
- Terms of Service
By using the Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Social NXT Technologies Pvt. Ltd.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE EVENTS AT HOME/ACCOMODATION AND GUESTS MAY LEARN ABOUT AND BOOK EVENTS DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT OPENOUT IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS OPENOUT A EVENT AGENCY, BROKER, AGENT OR INSURER. OPENOUT HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE AN EVENT ON OPENOUT, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH OPENOUT IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF OPENOUT FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF OPENOUT. OPENOUT DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FORTHE BENEFIT OF OPENOUT, INCLUDING BY INAPPROPRIATELY USING ANY OPENOUT INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
OpenOut reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise 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, Application or Services after we have posted a modification on the Site or via the Application 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, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
For users in India, OpenOut may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. You agree and authorize us to use your personal information, such as your full name and date of birth and other details, to obtain such reports, including from OpenOut’s vendors.
- How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of at-home events. Such at-home events are included in Listings on the Site, Application and Services by Hosts. You have to register with OpenOut to view Listings to the Site, Application and Services.
As stated above,OpenOut makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of at-home events directly with each other. OpenOut is not an owner or operator of properties, including, but not limited to, private properties, residential properties, hotel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, private properties, residential properties, hotel rooms, other lodgings or Accommodations and OpenOut does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, private properties, residential properties, hotel rooms, other lodgings or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the OpenOut platform, OpenOut’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING AT-HOME EVENTS DIRECTLY WITH EACH OTHER. OPENOUT CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. OPENOUT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
- Account Registration
In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account (“OpenOut Account“) and become a Member.
You can 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 or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your OpenOut Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to OpenOut through the Site, Services or Application; or (ii) allowing OpenOut to access your Third-Party Account, as 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 OpenOut and/or grant OpenOut 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 OpenOut to pay any fees or making OpenOut subject to any usage limitations imposed by such third-party service providers. By granting OpenOut access to any Third-Party Accounts, you understand that OpenOut 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 and Application via your OpenOut Account and OpenOut 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 OpenOut Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or OpenOut’s 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, Services and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. OpenOut makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and OpenOut is not responsible for any SNS Content.
Your OpenOut Account and your OpenOut Account profile page will be created for your use of the Site and Application 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 OpenOut 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. OpenOut reserves the right to suspend or terminate your OpenOut Account and your access to the Site, Application and Services if you create more than one (1) OpenOut Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your OpenOut Account, whether or not you have authorized such activities or actions. You will immediately notify OpenOut of any unauthorized use of your OpenOut Account.
- At-home Listings
As a Member, you may create at-home events. To create an at-home event, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, ratings and/or ease of booking.
Other Members will be able to book for your at-home event via the Site, Application and Services based upon the information provided in your Listing, your Guest requirements, and Guests’ search parameters and preferences. You understand and agree that once a Guest requests a booking of your at-home event, you may not request the Guest to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest’s entry at, an Accommodation in an at-home event you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, 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. Please note that OpenOut assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. OpenOut reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that OpenOut, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms.
If you are a Host, you understand and agree that OpenOut does not act as an insurer or as your contracting agent. If a Guest requests an entry to your at-home event and comes to your Accommodation, any agreement you enter into with such Guest is between you and the Guest and OpenOut is not a party to it.
If you are a Host, OpenOut makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove 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.)
OpenOut 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.
OpenOut may offer Hosts the option of having photographers take photographs of their Accommodations. If you as a Host choose to have photographer do this, OpenOut shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “OpenOut Verified Photo” or similar wording (“Verified Images“). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Host for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute OpenOut Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from OpenOut. If your OpenOut Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that OpenOut retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
- No Endorsement
OpenOut does not endorse any Member, Listing or Accommodation. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by OpenOut of any Member, Listing or Accommodation.
Members are required by these Terms to provide accurate information. Although OpenOut may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
By registering for an OpenOut Account, you agree that OpenOut may – but is not obligated to – request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by OpenOut about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept or preapprove a booking request from a Guest, or to have any other interaction with any other Member.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from OpenOut 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 OpenOut regarding the remittance of payments received from a Guest by OpenOut 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
- Key definitions
“Hosting Fees” means the amounts that are due and payable by a Guest in exchange for that hosts service in an at-home event. The Host alone, and not OpenOut, is responsible for the Hosting Fees for his or her Listing.
“OpenOut Guest Fees” means the fee that OpenOut charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Hosting fees. The OpenOut Guest Fees will be displayed to the Guest when the Guest is confirmed by the Host and has to pay.
“OpenOut Host Fees” means the fee that OpenOut charges a Host for the use of the Services, which is calculated as a percentage of the applicable Hosting Fees. The OpenOut host fees will be displayed to the Host, as a percentage, when the Host enters his fee and creates an event.
“Payment Method” means a payment method that you have added to your OpenOut Account, such as a credit card, debit card or PayPal or through third party payment gateways.
“Total Fees” means collectively the Hosting Fees and the Guest Fees plus any Taxes.
Note: OpenOut is a technology platform bringing hosts and guests together and has no control over prices the host sets for their event.
- Bookings and Financial Terms for Hosts
If you are a Host and a booking is requested for your At-home event via the Site, Application or Services, you will be required to, confirm or reject the request before the event starts. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s OpenOut Account profile page, (iii) their phone number. If you are unable to carry the event or decide to cancel an event, any amounts collected by OpenOut (via Payment Gateways) for the requested booking will be refunded to the applicable Guest. When you confirm a booking requested by a Guest, OpenOut will send you an email or a notification via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
OpenOut will collect Payments through a secure RBI approved payment gateway. It will collect the Total Fees from Guests upon the Host’s confirmation and will initiate payment of the at-home event Fees (less applicable fees and taxes) to the Host in most cases within 96 hours of the scheduled end time of the event (except to the extent that a refund is due to the Guest).
- Bookings and Financial Terms for Guests
The Hosts, not OpenOut, are solely responsible for honoring any confirmed bookings and making available any at-home event reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an at-home event, 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 At home events imposed by the Host. You acknowledge and agree that you, and not OpenOut, will be responsible for performing the obligations of any such agreements, that OpenOut is not a party to such agreements, and that, with the exception of OpenOut Payments’ obligations pursuant to the Payments Terms, OpenOut (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Hosting Fees along with Tax and OpenOut guest fee percentage, will be mentioned to a Guest before the Guest sends a booking request to a Host. As noted above, the Host is required to confirm or reject the booking request; otherwise, the requested booking will be automatically cancelled upon the starting of the event. If a requested at-home event is cancelled, any amounts collected through OpenOut will be refunded to such Guest.
You as a Guest agree to pay the Total Fees for any booking requested, and in most cases confirmed, in connection with your OpenOut Account. OpenOut Payments will collect the Total Fees pursuant to the Payments Terms.
Once your confirmed booking transaction is complete you will receive a notification on your profile.
- Service Fees and Other Fees
In consideration for the use of OpenOut’s online marketplace and platform, OpenOut charges Service Fees. OpenOut Payments collects these Service Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes in respect of the OpenOut Host Fees and OpenOut Guest Fees. OpenOut Payments deducts the OpenOut Host Fees from the Total Fees before remitting the balance to the Host as described in the Payments Terms. OpenOut Guest Fees are, as noted above, included in the Total Fees.
More information on any such costs or deductions will be available via the Site and Application. Except as otherwise provided herein, OpenOut Guest Fees are non-refundable.
- General Booking and Financial Terms
Cancellations and Refunds
There is no cancellation and refund once you have confirmed to go to an at-home event.
If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) OpenOut Payments will refund the Total Fees for such booking to the applicable Guest pursuant to the Payments Terms.
If a host cancels a booking and has not informed, then contact openout through contact us section by e-mail in the website to inform on such practices.
If, as a Host, you cancel a confirmed booking, you agree that OpenOut may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that an at-home event was cancelled by you, (ii) imposing a cancellation fee, later on.
In certain circumstances, OpenOut may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed at-home event made via the Site, Application and Services. You agree that OpenOut and the relevant Guest or Host will not have any liability for such cancellations or refunds.
OpenOut may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is for example, OpenOut will round up an amount of Rs 401.50 to Rs 402.00, and Rs 101.49 to 101.00.
Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. OpenOut cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Host, OpenOut may issue a valid VAT invoice to such Host.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Accommodation is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority.
- Damage to Accommodations and Security Deposits
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 whom you invite to, or otherwise provide access to, the Accommodation.
- Overstaying without the Host’s Consent
Guests agree that a confirmed booking is merely a license granted by the Host to the Guest to enter and be present for the at-home event for the limited duration of the confirmed booking and in accordance with the Guest’s agreement with the Host. Guests further agree to leave the Accommodation no later than the end time that the Host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest. If a Guest stays past the agreed upon end time without the Host’s consent, they no longer have a license to be at the venue and the Host is entitled to make the Guest leave.
- User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies OpenOut endorsement, partnership or otherwise misleads others as to your affiliation with OpenOut;
- dilute, tarnish or otherwise harm the OpenOut brand in any way, including through unauthorized use of Collective Content, registering and/or using OpenOut or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to OpenOut domains, trademarks, taglines, promotional campaigns or Collective Content
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of OpenOut or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an OpenOut Guest or Host;
- offer, as a Host, any Accommodation 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);
- register for more than one OpenOut Account or register for an OpenOut Account on behalf of an individual other than yourself;
- unless OpenOut explicitly permits otherwise, book for a at-home event if you will not actually be present;
- contact another Member for any purpose other than asking a question related to a Booking, Accommodation, Listing, or the Member’s use of the Site, Application and Services;
- recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to OpenOut, without OpenOut’s prior written approval;
- recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a Host or Guest and then complete a booking of an Accommodation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to OpenOut’s provision of the Services or for any other reasons;
- as a Host, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
- engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, OpenOut’s name, any OpenOut trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without OpenOut’s express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, OpenOut’s computer systems, or the technical delivery systems of OpenOut’s providers;
- attempt to probe, scan, or test the vulnerability of any OpenOut system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by OpenOut or any of OpenOut’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
- advocate, encourage, or assist any third party in doing any of the foregoing; or
- accept or make a payment for Hosting Fees outside OpenOut Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold OpenOut harmless from any liability for such payment.
OpenOut has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, OpenOut may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) or OpenOut Account, for a violation of this Section or these Terms.
OpenOut may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against OpenOut or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of OpenOut, its users, or members of the public. You acknowledge that OpenOut has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. OpenOut reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that OpenOut, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to OpenOut by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of OpenOut and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of OpenOut used on or in connection with the Site, Application, Services, and OpenOut Content are trademarks or registered trademarks of OpenOut in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and OpenOut Content are used for identification purposes only and may be the property of their respective owners. As a Host, Guest, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content.
- Application License
Subject to your compliance with these Terms, OpenOut grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. OpenOut reserves all rights in the Application not expressly granted to you by these Terms.
- OpenOut Content and Member Content License
Subject to your compliance with these Terms OpenOut grants you a limited, non-exclusive, non-transferable license, to (i) access and view any OpenOut 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, Application, 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 OpenOut or its licensors, except for the licenses and rights expressly granted in these Terms.
- Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through OpenOut promotional campaigns, you hereby grant to OpenOut a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. OpenOut does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through OpenOut promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through OpenOut promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to OpenOut 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 OpenOut’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or OpenOut promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that OpenOut 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 OpenOut 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.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of OpenOut and you hereby irrevocably assign to OpenOut and agree to irrevocably assign to OpenOut all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At OpenOut’s request and expense, you will execute documents and take such further acts as OpenOut may reasonably request to assist OpenOut to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- Copyright Policy
OpenOut respects copyright law and expects its users to do the same. It is OpenOut’s policy to terminate in appropriate circumstances the OpenOut Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
- Term and Termination, Suspension and Other Measures
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or OpenOut terminate the Agreement as described below.
- Termination for convenience
You may terminate this Agreement at any time via communicating to us on e-mail through the contact section in the website. If you cancel your OpenOut Account as a Host, any confirmed bookings will be automatically cancelled and your Guests will receive a full refund. If you cancel your OpenOut Account as a Guest, any confirmed booking will be automatically cancelled and refunds can not be effected.
Without limiting our rights specified below, OpenOut may terminate this Agreement for convenience at any time by giving you 30 days’ notice via email to your registered email address.
- Termination for breach, suspension and other measures
OpenOut may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the OpenOut Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) OpenOut believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, OpenOut or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition OpenOut may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your OpenOut Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your OpenOut Account, or temporarily or permanently suspend your OpenOut Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Hosts or Guests, or (ii) OpenOut believes in good faith that such action is reasonably necessary to protect the safety or property of Members, OpenOut or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by OpenOut and an opportunity to resolve the issue to OpenOut’s reasonable satisfaction.
If we take any of the measures described above we may (i) communicate to your Guests or Hosts that a pending or confirmed booking has been cancelled, (ii) refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, (iii) support your Guests, on an exceptional basis, in finding potential alternative Accommodations, and (iv) you will not be entitled to any compensation for confirmed bookings that were cancelled.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your OpenOut Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your OpenOut Account has been suspended or this Agreement has been terminated by us, you may not register a new OpenOut Account or attempt to access and use the Site, Application and Services through other OpenOut Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT OPENOUT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OPENOUT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OPENOUT MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OPENOUT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, HOSTS, GUESTS, YOUR ACCRUAL OF OPENOUT TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OPENOUT OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT OPENOUT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. OPENOUT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY OPENOUT. OPENOUT 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, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF OPENOUT WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER OPENOUT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OPENOUT 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.
You agree to release, defend, indemnify, and hold OpenOut and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) 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 an Accommodation;
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by the laws of the jurisdiction in which you obtained the Application, and any other applicable laws.
- Entire Agreement
Except as they may be supplemented by additional OpenOut policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between OpenOut and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any bookings or Listings of Accommodations made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between OpenOut and you regarding bookings or listings of Accommodations, the Site, Application, Services, and Collective Content (excluding Payment Services).
You may not assign or transfer these Terms, by operation of law or otherwise, without OpenOut’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OpenOut 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.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by OpenOut (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Assignment: You shall not assign or sub-contract your rights and/or obligations under these Terms and Conditions without the prior written consent of OpenOut.
- Governing Law and Jurisdiction: These Terms and Conditions shall be governed in accordance with the Laws of India. Subject to the Dispute Resolution provision below, you agree that the courts at Bangalore, India shall have exclusive supervisory jurisdiction in respect of any matter, claim or dispute arising out of or in any way related to these Terms and Conditions.
- Dispute Resolution: If any dispute, controversy or claim between you and OpenOut arises out of or in connection with or under these Terms and Conditions, including the breach, termination or invalidity thereof (“Dispute”), the parties shall use all reasonable endeavours to negotiate with a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen (“Dispute Notice”) and the concerned parties are unable to resolve the Dispute amicably within 30 (thirty) days of service of the Dispute Notice (or such longer period as the concerned parties may mutually agree), then the Dispute shall be referred to binding arbitration by any party. Subject to the above, any Dispute shall be referred to and resolved by a sole arbitrator, appointed by OpenOut in accordance with the [LCIA Arbitration Rules] for the time being in force (“LCIA Rules”), which rules shall be deemed to be incorporated by reference into this Clause. The seat or legal place of the arbitration shall be Bangalore. The arbitration proceedings shall be conducted in accordance with the LCIA Rules and shall be conducted in the English language. The award of the arbitrator shall be final and binding on the parties and the parties shall be entitled (but not obliged) to enter judgment thereon in any one or more of the highest courts having jurisdiction. When any Dispute or difference is referred to arbitration, except for the matters under Dispute, the parties shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under these Terms and Conditions. Nothing shall preclude either party from seeking interim or permanent equitable or injunctive relief, or both, from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the parties to pursue any other remedy through the arbitration described in this Clause
The failure of OpenOut 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 OpenOut. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- Contacting OpenOut
If you have any questions about these Terms or any App Store Sourced Application, please contact OpenOut.
We work hard to earn and keep your trust, therefore your privacy is our top most focus.
We collect information during registration, use of the services site, communicating with site members, admin, using content, content upload to our site. We also receive information about your IP address, cookies and pages you visited. Such informations are collected to provide best service, research, and overall product experience.
We will always obtain your prior specific consent before we share or disclose your personally identifiable information to any partner, and user. We are also accountable to disclose user information and the contents of the Accounts to the local law enforcement authorities under specifically defined circumstances. In case OpenOut service gets merged or acquired, we will be informing on the website about such developments.
In case your profile is public, or your details are in public domain in our site, you will receive unsolicited messages from users in OpenOut.in and from external sources.
When you have opted for receiving related information, we will use your information to show you relevant advertisements, contents, events from us and our partners. Access to your name, email address and private details is restricted to our employees who need to know such information in connection with our services and are bound by confidentiality obligations.
When you visit OpenOut.in, we receive the Internet protocol (IP) address of your computer, operating system information, browser information and name of your ISP. This information is used to improve our service offerings, we are also legally accountable to pass the same information to legal authorities when requested. We also advanced web analytics, which provides information such as the URL of the site from which you came and the site to which you are going.
Links from Our Website
How Secure is Your Information
We adopt appropriate data collection, storage and processing practices and security measures, as well as physical security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Information, username, password, transaction information and data stored in your Account.
Our employees also sign confidentiality agreements to use your data for product enhancement, bug fixes and for services only.
Notification of Changes
Financial Terms for Bookings
- Key Definitions
“Payment Method” means a payment method that you have added to your OpenOut Account, such as a credit card, debit card or PayPal.
“Payout Method” means a payout method is only the bank account mentioned by the host while creating an OpenOut, to which OpenOut will credit the payment after the successful completion of the event as per the terms.
- Financial Terms for Hosts regarding Bookings
If, as a Host, you are unable to conduct the event after the guest payment is done, the amount will be kept with OpenOut and transferred to the guest on getting such feedback.
The payment for a succesfull OpenOut will happen within 4 working days, once the event has ended.
- Financial Terms for Guests regarding Bookings
You acknowledge and agree that, notwithstanding the fact that OpenOut is not a party to the agreement between you and the Host, OpenOut will deploy a payment gateway that acts as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to OpenOut’s payment gateway, your payment obligation to the Host for the Accommodation Fees is extinguished, and OpenOut is responsible for remitting the same (less the Host Fees and any Taxes in respect of the Host Fees), in the manner described in these Payments Terms.
You as a Guest agree that OpenOut may charge your Payment Method the Total Fees for any booking requested in connection with your OpenOut Account. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that OpenOut , on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your Payment Method for the Total Fees. As a general rule, OpenOut will collect the Total Fees due once OpenOut receives confirmation of your booking from the applicable Host. In instances in which OpenOut is unable to collect Total Fees in the ordinary course, OpenOut may elect to collect Total Fees at a later point in time. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
If a requested at-home event is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by OpenOut will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s Payment Method will be released, if applicable.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to OpenOut or its third-party payment processor(s). You agree to pay OpenOut for any confirmed bookings made in connection with your OpenOut Account in accordance with these Payments Terms by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the booking, either directly by OpenOut or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize OpenOut to charge any Payment Method in your OpenOut Account in the event of damage caused at an Accommodation.
If OpenOut Payments is unable to collect any amounts you owe for a confirmed booking or a Damage Claim, OpenOut Payments may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to OpenOut by you. Such communication may be made by OpenOut or by anyone on their behalf, including but not limited to a third party collection agent.
Please note that OpenOut cannot control any fees that may be charged to a Guest by his or her bank related to OpenOut collection of the Total Fees, and OpenOut disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party service provider; please review such terms and conditions before using your Payment Method.
- Service Fees and Other Fees
Wherever applicable, OpenOut may also charge Taxes in respect of the Host Fees and Guest Fees. OpenOut deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in these Payments Terms. Guest Fees are, as noted above, included in the Total Fees.
Balances will be remitted by OpenOut to Hosts via the Payout Method selected by the Host in the Host’s currency of choice, depending upon the selections the Host makes via the Application and Services. Amounts may be rounded up or down.
- General Booking and Financial Terms
Cancellations and Refunds
As a guest if the payment is done, then there is no cancellation of the same. We are required to transmit the same to the host, incase you are not able to be at the event.
If a Host cancels a confirmed booking made via the Site, Services, and Application, OpenOut Payments will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation. If the Guest requests to book an alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then OpenOut Payments will collect the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Payments Terms.
If, as a Host, you cancel a confirmed booking, you agree that OpenOut may collect any cancellation fees imposed. Cancellation fees may be withheld from your future payouts or charged to the Payment Method on file in your OpenOut Account.
If OpenOut decides for any reason that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services, you agree that OpenOut and the relevant Guest or Host will not have any liability for such cancellations or refunds.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.