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Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the NomadHer Platform, you agree to comply with and be bound by these Terms.
Last Updated: August 2021
Thank you for using NomadHer!
These Terms constitute a legally binding agreement ("Agreement") between you and NomadHer (as defined below) governing your access to and use of the NomadHer website, including any subdomains thereof, and any other websites through which NomadHer makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "NomadHer Services"). The Site, Application and NomadHer Services together are hereinafter collectively referred to as the “NomadHer Platform”.
When these Terms mention “NomadHer,” “we,” “us,” or “our,” it refers to the NomadHer company you are contracting with.
Our collection and use of personal information in connection with your access to and use of the NomadHer Platform is described in our Privacy Policy.
1.1 The NomadHer Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the NomadHer Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use ("Accommodations"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 As the provider of the NomadHer Platform, NomadHer does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is NomadHer an organiser or retailer of travel packages under Directive (EU) 2015/2302. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. NomadHer is not and does not become a party to or other participant in any contractual relationship between Members, nor is NomadHer a real estate broker or insurer. NomadHer is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, NomadHer has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. NomadHer does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by NomadHer about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by NomadHer of any Host or Listing.
1.4 If you choose to use the NomadHer Platform as a Host or Co-Host (as defined below), your relationship with NomadHer is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of NomadHer for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of NomadHer. NomadHer does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.5 To promote the NomadHer Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. NomadHer cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The NomadHer Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The NomadHer Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. NomadHer is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by NomadHer of such Third-Party Services.
1.7 Due to the nature of the Internet, NomadHer cannot guarantee the continuous and uninterrupted availability and accessibility of the NomadHer Platform. NomadHer may restrict the availability of the NomadHer Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the NomadHer Platform. NomadHer may improve, enhance and modify the NomadHer Platform and introduce new NomadHer Services from time to time.
2.1 In order to access and use the NomadHer Platform or register an NomadHer Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 NomadHer may make access to and use of the NomadHer Platform, or certain areas or features of the NomadHer Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the NomadHer Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the NomadHer Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the NomadHer Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the NomadHer Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
NomadHer reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the NomadHer Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the NomadHer Platform will constitute acceptance of the revised Terms.
4.1 You must register an account ("NomadHer Account") to access and use certain features of the NomadHer Platform, such as publishing or booking a Listing. If you are registering an NomadHer Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an NomadHer Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your NomadHer Account and your SNS Account at any time, by accessing the "Settings" section of the NomadHer Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your NomadHer Account and public NomadHer Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) NomadHer Account unless NomadHer authorizes you to do so. You may not assign or otherwise transfer your NomadHer Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your NomadHer Account credentials and may not disclose your credentials to any third party. You must immediately notify NomadHer if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your NomadHer Account. You are liable for any and all activities conducted through your NomadHer Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 NomadHer may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your NomadHer Account. For example, we may enable Members to link their NomadHer Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by NomadHer to ask for your credentials, and you shall not request the credentials of another Member.
5.1 NomadHer may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the NomadHer Platform ("Member Content"); and (ii) access and view Member Content and any content that NomadHer itself makes available on or through the NomadHer Platform, including proprietary NomadHer content and any content licensed or authorized for use by or through NomadHer from a third party ("NomadHer Content" and together with Member Content, "Collective Content").
5.2 The NomadHer Platform, NomadHer Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the NomadHer Platform and NomadHer Content, including all associated intellectual property rights, are the exclusive property of NomadHer and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the NomadHer Platform, NomadHer Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of NomadHer used on or in connection with the NomadHer Platform and NomadHer Content are trademarks or registered trademarks of NomadHer in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the NomadHer Platform, NomadHer Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the NomadHer Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or 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 NomadHer or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, NomadHer grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the NomadHer Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the NomadHer Platform, you grant to NomadHer a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the NomadHer Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, NomadHer does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 NomadHer may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "NomadHer.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the NomadHer Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your NomadHer Account is terminated or suspended for any reason. You acknowledge and agree that NomadHer shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where NomadHer is not the exclusive owner of Verified Images, by using such Verified Images on or through the NomadHer Platform, you grant to NomadHer an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. NomadHer in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the NomadHer Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the NomadHer Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the NomadHer Platform or you have all rights, licenses, consents and releases that are necessary to grant to NomadHer the rights in and to 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 NomadHer's use of the Member Content (or any portion thereof) as contemplated under these Terms 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.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates NomadHer’s Content Policy or any other NomadHer policy. NomadHer may, without prior notice, remove or disable access to any Member Content that NomadHer finds to be in violation of applicable law, these Terms or NomadHer’s then-current Policies or Standards, or otherwise may be harmful or objectionable to NomadHer, its Members, third parties, or property.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the NomadHer Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the NomadHer Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Paris Office:
Station F, 5 Parvis Alan Turing, Paris, 75013, France
Seoul Office:
Chenonggyecheonro-85, 9th floor, Seoul, South Korea
Busan Office:
BIFC 55th floor, Nam-Gu, Busan, South Korea
General Contact
aloha@nomadher.com
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