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Payment Terms of Service

Payments Terms of Service

These terms and conditions govern the payment services, including payment collection services, payments and payouts, conducted through or in connection with the eDormire websiteor Services that eDormire (hereinafter referred to as "eDormire", "we", "us" or "our") provide to you in connection with your use of the eDormire website and/or Services, and constitute a binding legal agreement between you and eDormire. The eDormire Terms of Service ("Terms of Service") separately govern your use of the Site, Application and Services.

You acknowledge and agree that, by using the payment services, you are indicating that you have read, and that you understand and agree to be bound by these payments terms. If you do not agree to these payments terms, then you have no right to access or use the payment services. Failure to use the Payment Services in accordance with these Payments Terms may subject you to civil and criminal penalties. If you accept or agree to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Please also read carefully eDormire's Privacy Policy.

Modification

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

Eligibility

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

Account Registration

In order to use the Payment Services, you must first register to create an eDormire Account and become a Member as defined in the Terms of Service. You acknowledge and agree that anyone you authorize to use your eDormire Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

Identity Verification

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

Financial Terms for Bookings

Financial Terms for Property Managers regarding Bookings

If, as a Property Manager, you are unable to confirm or decide to reject a Booking request within the Booking Request Period, any amounts collected by eDormire for the requested Booking will be refunded to the applicable Tenant's Payment Method (means a payment method that you have added to your eDormire Account, such as a credit card, debit card or PayPal) and any pre-authorization of such Payment Method will be released.

eDormire will collect the Total Fees from each Tenant either at the time of the Booking request or upon the Property Manager's confirmation of the Booking (depending upon the Tenant's Payment Method). eDormire will initiate payment of the Accommodation Fees to the Property Manager in most cases within 24 hours of the scheduled check-in time for the Tenant at the applicable Accommodation, unless the Property Manager and eDormire agree to a different time or trigger for payment. The time it takes for the Property Manager to receive payouts once released by eDormire may depend upon the Payout Method (means a payout method that you have added to your eDormire Account, such as PayPal, direct deposit or electronic funds transfer, a prepaid card or a debit card) chosen by the Property Manager. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Property Manager, including by deducting their charges from the payout amount.

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

Appointment of eDormire as Limited Payment Collection Agent for Property Manager

Each Property Manager hereby appoints eDormire as the Property Manager's limited payment collection agent solely for the purpose of accepting the Accommodation Fees from Tenants.

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

Financial Terms for Tenants regarding Bookings

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

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

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

In connection with your requested Booking, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to eDormire or its third-party payment processor(s). You agree to pay eDormire for any confirmed Bookings made in connection with your eDormire 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 eDormire 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 eDormire to charge any Payment Method on file in your eDormire Account in the event of damage caused at an Accommodation as contemplated under Section 8, "Damage to Accommodations and Security Deposits", below.

If eDormire is unable to collect any amounts you owe for a confirmed Booking or a Damage Claim, eDormire 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 eDormire and/or eDormire by you. Such communication may be made by eDormire, eDormire or by anyone on their behalf, including but not limited to a third party collection agent.

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

Service Fees and Other Fees

eDormire collects the Service Fees charged by eDormire pursuant to the eDormire Terms. Where applicable, eDormire may also charge Taxes in respect of the Property Manager Fees and Tenant Fees. eDormire deducts the Property Manager Fees from the Accommodation Fees before remitting the balance to the Property Manager as described in these Payments Terms. Tenant Fees are, as noted above, included in the Total Fees.

Balances will be remitted by eDormire to Property Managers via the Payout Method selected by the Property Manager in the Property Manager's currency of choice, depending upon the selections the Property Manager makes via the Site, Application and Services. Amounts may be rounded up or down as described the "Rounding Off" portion of this Section 6.

Please note that eDormire may impose or deduct currency conversion costs on or from any payments or payouts by eDormire in currencies other than U.S. dollars. More information on any such costs or deductions is available via the Site and Application, and in Section 10, "Currency Conversion", below. More information on Services Fees can be found at www.eDormire.com/help. Except as otherwise provided herein, Service Fees are non-refundable.

General Booking and Financial Terms

Cancellations and Refunds

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

If a Property Manager cancels a confirmed Booking made via the Site, Application or Services, eDormire will refund the Total Fees for such Booking to the applicable Tenant within a commercially reasonable time of the cancellation. If the Tenant requests to book an alternative Listing and the Property Manager associated with such alternative Listing confirms the Tenant's requested Booking, then eDormire 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 Property Manager, you cancel a confirmed Booking, you agree that eDormire may collect any cancellation fees imposed pursuant to the eDormire Terms. eDormire will treat your cancellation as a payment authorization, and eDormire may withhold any cancellation fees from your future payouts or charged to any Payment Method on file in your eDormire Account.

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

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

Recurring Payments

For certain Bookings, Tenants may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed Booking before beginning his or her stay at the applicable Accommodation (collectively, "Recurring Payments"). More information on Recurring Payments (including the amount and the frequency of the payment) will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed Booking, then the Tenant authorizes eDormire, on behalf of the Property Manager, to collect the Total Fees and the Property Manager agrees that eDormire will initiate payouts to the Property Manager, in the increments and at the frequency associated with the applicable Recurring Payments, each as identified on the Site, Application and Services. You may stop payment of a Recurring Payment by notifying eDormire orally or in writing at least three (3) business days before the scheduled date of the payment. eDormire may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, eDormire is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact eDormire pursuant to Section 34.

Rounding Off

eDormire may, in its sole discretion, round up or round down amounts that are payable from or to Tenants or Property Managers to the nearest whole functional base unit in which the currency is denominated; for example, eDormire will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

Some currencies are denominated in large numbers. In those cases, eDormire may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for eDormire to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

Payment Processing Errors

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

Booking Modifications

If, as a Tenant, you owe additional amounts to eDormire due to a Booking Modification, you agree that eDormire may collect such amounts by charging the Payment Method used to make your Booking. If, as a Property Manager, you owe eDormire any amounts due to a Booking Modification, you agree that eDormire may collect those amounts pursuant to the "Financial Terms for Property Managers regarding Bookings" portion of this Section 6 and as otherwise permitted under these Payments Terms.

Taxes

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

  • Opt-in to Property Manager Remittance of Taxes

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

  • Miscellaneous Occupancy Tax Provisions

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

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

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

Damage to Accommodations and Security Deposits

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

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

Security Deposits, if required by a Property Manager, may be applied to any fees due from a Tenant overstaying at a Listing without the Property Manager's consent.

Overstaying without the Property Manager's Consent

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

Payment Method Information

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

User Conduct

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

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

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

Privacy

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

Intellectual Property Ownership and Rights Notice

The Payment Services are protected by copyright, trademark, and other laws of the Philippines and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of eDormire, eDormire and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of eDormire or eDormire used on or in connection with the Payment Services are trademarks or registered trademarks of eDormire or eDormire in the Philippines and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners. As a Property Manager, Tenant or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Payment Services.

Additional Products and Terms

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

Account Limitation

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

Disclaimers

If you choose to use the payment services, you do so at your sole risk. You acknowledge and agree that eDormire provides the payment services to you subject to your statutory rights but otherwise "as is", without warranty of any kind, either express or implied, except as expressly stated in these payments terms. Without limiting the foregoing, eDormire explicitly disclaims any warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, and any warranties arising out of course of dealing or usage of trade. eDormire makes no warranty that the payment services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. eDormire makes no warranty regarding the quality of the payment services.

No advice or information, whether oral or written, obtained from eDormire or through the site, application, services or collective content, will create any warranty not expressly made herein.

Notwithstanding eDormire' appointment as the limited payment collection agent of the hosts for the purpose of accepting payments from guests on behalf of the hosts, eDormire explicitly disclaims all liability for any act or omission of any guest or other third party. eDormire does not have any duties or obligations as agent for each host except to the extent expressly set forth in these payments terms and any additional duties or obligations as may be implied by law are hereby expressly excluded.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of the payment services remains with you. If you permit or authorize another person to use your eDormire account in any way, you are responsible for the actions taken by that person. Neither eDormire nor any other party involved in providing payment services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these payments terms, from the use of or inability to use the payment services, from any communications, interactions or meetings with other persons with whom you communicate or interact as a result of your use of the payment services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not eDormire has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Except for our obligations to pay amounts to applicable hosts pursuant to these payments terms or an approved payment request under the eDormire host guarantee, in no event will eDormire's aggregate liability arising out of or in connection with these payments terms and your use of the payment services including, but not limited to, from the use of or inability to use payment services, exceed the amounts you have paid or owe for bookings via the eDormire platform as a guest in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amounts paid by eDormire to you in the twelve 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 eDormire 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 eDormire and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Payment Services, or your violation of these Payments Terms.

Entire Agreement

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

Termination

Termination for Convenience

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

Without limiting our rights specified below, eDormire may terminate these Payments Terms 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

eDormire may immediately, without notice terminate these Payments Terms, limit your use of or access to the Payment Services, or temporarily or permanently suspend your eDormire Account if

  • you have breached these Payments Terms, including but not limited to any breach of your warranties outlined in these Terms or breach a provision under the section "User Conduct"
  • you have provided inaccurate, fraudulent, outdated or incomplete information
  • you have violated applicable laws, regulations or third party rights
  • eDormire believes in good faith that such action is reasonably necessary to protect other Members, eDormire, eDormire or third parties, for prevention of unlawful activity or fraud, risk assessment, security or investigation purposes.

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

If you are a Property Manager and we terminate these Payments Terms, limit your use of or access to the Payment Services, or temporarily or permanently suspend your eDormire Account we will refund your Tenants in full for any and all confirmed bookings, irrespective of pre-existing cancellation policies, and you will not be entitled to any compensation for confirmed bookings that were cancelled.

Consequences

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

Survival

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

Assignment

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

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Payments Terms, will be in writing and given by eDormire via email or by posting to the eDormire. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

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

Third Party Beneficiary

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