Terms of Service

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 IBooked.online Services, you agree to comply with and be bound by these Terms.

Thank you for using IBooked.online

Last updated: 27/05/2024

These Terms constitute a legally binding agreement (“Agreement“) between you and IBooked.online (as defined below) governing your access to and use of the IBooked.online website, including any subdomains thereof, and any other websites through which IBooked.online 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, “IBooked.online Services“). The Site, Application and IBooked.online Services together are hereinafter collectively referred to as the “IBooked.online Services”.

When these Terms mention “IBooked.online,” “we,” “us,” or “our,” it refers to the IBooked.online company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.

Our collection and use of personal information in connection with your access to and use of the IBooked.online Services is described in our Privacy Policy.

Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services (as defined below). For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other

Table of Contents

Introduction
1.1 Overview of Terms
1.2 Legal Binding Agreement
1.3 Definition of the iBooked.online Services
1.4 Personal Information and Privacy Policy
1.5 Payment Services

Scope of iBooked.online Services
2.1 Services Offered
2.2 Provider’s Role and Responsibilities
2.3 Member’s Discretion and Usage
2.4 Promotional Activities and Translations
2.5 Third-Party Links and Services
2.6 Service Availability and Modifications
2.7 Host as a Client: Purchasing Website Services

Modification of Terms
3.1 Right to Modify Terms
3.2 Notification and Acceptance of Changes

Account Management on iBooked.online Services
4.1 Account Creation and Representation
4.2 Registration Options and Account Disconnection
4.3 Accuracy of Account Information
4.4 Account Limitations and Transfer
4.5 Security and Confidentiality Responsibilities
4.6 Authorized Account Use and Features

Content
5.1 Content Creation, Access, and Intellectual Property
5.2 Usage Rights and Restrictions
5.3 License Grant and User Content
5.4 Content Responsibility and Representations
5.5 Prohibited Content and Services’s Rights
5.6 Reporting Infringements

Service Fees
6.1 Fee Structure for Hosts and Guests
6.2 Display and Changes to Service Fees
6.3 Payment Responsibility and Processing

Terms Specific for Hosts
7.1 General Listing Terms
7.2 Listing Accommodations

Terms Specific for Guests
8.1 General Booking Terms
8.2 Booking Accommodations
8.3 Experiences, Events, and Host Services

Booking Modifications, Cancellations, and Refunds
9.1 Responsibility for Booking Changes
9.2 Cancellation Policies and Refunds
9.3 Hosts’ Cancellation Responsibilities
9.4 Cancellations due to External Factors
9.5 Limited Involvement of iBooked.online
9.6 Recovery of Refunds by Hosts

Damage to Accommodations and Disputes Between Members
10.1 Guest Responsibility for Damages
10.2 Addressing Damage Claims
10.3 Cooperation in Dispute Resolution
10.4 Independent Insurance Claims

Taxes
11.1 Host Responsibility for Tax Compliance
11.2 Providing Tax Information
11.3 Local Tax Laws and Obligations
11.4 Services’s Non-Involvement in Tax Collection
11.5 Discharge of Tax Obligations
11.6 Changes to Tax Collection Practices

Prohibited Activities
12.1 Compliance with Laws and Services Policies
12.2 Monitoring and Enforcement of Compliance
12.3 Reporting Inappropriate Member Behavior

Term and Termination, Suspension, and Other Measures
13.1 Agreement Duration and Renewal
13.2 User Termination Rights
13.3 Services’s Termination Rights
13.4 Causes for Immediate Termination
13.5 Enforcement Measures
13.6 Consequences of Enforcement Actions
13.7 Post-Termination Rights and Obligations

Disclaimers
14.1 Disclaimer of Warranties
14.2 Limitation of Liability

Indemnification
15.1 Scope of Indemnification

Applicable Law and Jurisdiction
16.1 Governing Law

General Provisions
17.1 Entire Agreement
17.2 Relationship Between Parties
17.3 Third-Party Rights
17.4 Validity of Provisions
17.5 Waiver and Remedies
17.6 Assignment and Delegation
17.7 Contact Information

Design and Setup Services for iBooked.online Websites
18.1 Service Overview
18.2 Scope of Work and Client Responsibilities
18.3 Pricing and Payment
18.4 Intellectual Property Rights
18.5 Revision Policy
18.6 Warranties and Liability

1 Scope of IBooked.online Services

1.1 Scope of the iBooked.online Services: iBooked.online is an online services designed to enable hosts (“Hosts”) to build and manage their own websites. This services equips Hosts with the tools and services necessary for the creation, design, and maintenance of websites tailored to showcase and promote their individual services (“Host Services”). These services can encompass a variety of offerings, such as rental properties (“Accommodations”), various activities and experiences (“Experiences”), events (“Events”), and other related services. The services supports Hosts in establishing a direct online presence, allowing them to connect and transact directly with their clients or customers (“Guests”) who visit these websites. It’s important to note that iBooked.online operates solely as a provider of website-building tools and services, and does not act as an intermediary or booking agent for the transactions or interactions that occur on the websites created by the Hosts.

1.2 When you choose to use the iBooked.online Services as a Host (or Co-Host), it is important to understand that your relationship with iBooked.online is that of a client purchasing a service, specifically a website, and not that of an independent contractor, employee, agent, joint venturer, or partner of iBooked.online. As a Host, you operate independently and for your own benefit, making decisions about your listings and services at your discretion. iBooked.online provides the services and associated services, but does not direct or control your actions or business decisions in any capacity. The role of iBooked.online is limited to facilitating the availability of the Services and supporting services and does not extend to any form of direct involvement in the activities of Hosts beyond the provision of these services.

1.3 While we may help facilitate the resolution of disputes, IBooked.online 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. IBooked.online does not endorse any Member, Listing or Host Services. 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 IBooked.online of any Host or Listing.

1.4 When you choose to use the iBooked.online Services as a Host (or Co-Host), it is important to understand that your relationship with iBooked.online is that of a client purchasing a service, specifically a website, and not that of an independent contractor, employee, agent, joint venturer, or partner of iBooked.online. As a Host, you operate independently and for your own benefit, making decisions about your listings and services at your discretion. iBooked.online provides the services and associated services, but does not direct or control your actions or business decisions in any capacity. The role of iBooked.online is limited to facilitating the availability of the Services and supporting services and does not extend to any form of direct involvement in the activities of Hosts beyond the provision of these services.

1.5 To promote the IBooked.online Services 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. IBooked.online cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The IBooked.online Services 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 IBooked.online Services 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. IBooked.online 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 IBooked.online of such Third-Party Services.

1.7 Due to the nature of the Internet, IBooked.online cannot guarantee the continuous and uninterrupted availability and accessibility of the IBooked.online Services. IBooked.online may restrict the availability of the IBooked.online Services 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 IBooked.online Services. IBooked.online may improve, enhance and modify the IBooked.online Services and introduce new IBooked.online Services from time to time.

2 Modification of these Terms

iBooked.online reserves the right to modify these Terms at any time. Changes will become effective immediately upon posting the revised Terms on the iBooked.online Services, indicated by an updated “Last Updated” date. It is your responsibility to regularly review these Terms to stay informed of any modifications, as we will not send individual email notifications for these changes. Your continued access to or use of the iBooked.online Services after such modifications are posted signifies your acceptance of and agreement to the revised Terms. If you disagree with any changes to the Terms, you retain the right to terminate this Agreement with immediate effect. This can be done by ceasing the use of the iBooked.online Services and, where applicable, deactivating your account. By continuing to access or use the iBooked.online Services after the effective date of any modifications, you agree to be bound by the revised Terms. Should you not agree with the new terms, you should discontinue using the iBooked.online Services.

4. Account Management on IBooked.online Services

4.1 Account Creation: While creating an iBooked.online Account is not mandatory for all aspects of the services, doing so enables you to utilize its full range of features, such as publishing or booking a Listing. When setting up an iBooked.online Account for a business or legal entity, you confirm that you possess the authority to represent that entity and agree to these Terms.

4.2 Account Registration Options: An iBooked.online Account can be created using a valid email address and password. Alternatively, you may opt to use existing accounts with third-party social networking services (like Facebook or Google) for registration. You can disconnect your iBooked.online Account from these third-party services at any time through the services’s settings.

4.3 Maintaining Account Accuracy: It is essential to provide accurate and up-to-date information during the registration process and continuously maintain the accuracy of your iBooked.online Account information.

4.4 Account Limitations: Normally, only one iBooked.online Account is permitted per member unless explicitly authorized by iBooked.online. Transferring or assigning your account to others is not allowed.

4.5 Security and Confidentiality: You are responsible for maintaining the confidentiality of your account details and for all activities under your account. Promptly inform iBooked.online of any unauthorized use or compromise of your account details.

4.6 Authorized Account Use: iBooked.online may introduce features allowing you to authorize others to perform specific actions related to your account. This includes, but is not limited to, managing business-related bookings or adding Co-Hosts for listing management. Such features are designed to maintain the security of your account credentials, and under no circumstances should you share these credentials with unauthorized parties.

5 Content

5. Content and Intellectual Property on the iBooked.online Services

5.1 Content Creation and Access: iBooked.online enables both Members and Hosts to create, upload, post, send, receive, and store various types of content, such as text, photos, audio, video, and other materials (collectively, “User Content”) on the iBooked.online Services. Members and Hosts also have the ability to access and view User Content and any content that iBooked.online itself makes available on the services, including proprietary content and content authorized for use from third parties.

5.2 Intellectual Property Rights and Usage: The iBooked.online Services and the content provided by iBooked.online, including all intellectual property rights therein, are the exclusive property of iBooked.online or its licensors. Users agree not to remove, alter, or obscure any copyright, service mark, or other proprietary rights notices. Any third-party trademarks, service marks, logos, and trade names used on the services are the property of their respective owners. Users must respect the intellectual property rights of others when posting and using content on the services.

5.3 Content Usage Restrictions: Users agree not to use, copy, adapt, modify, prepare derivative works from, distribute, license, sell, transfer, publicly display or perform, transmit, or broadcast any content from the iBooked.online Services, except as permitted by these Terms or as the legal owner of certain User Content.

5.4 Limited License Grant: Subject to compliance with these Terms, iBooked.online grants Users a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the iBooked.online Services and to access and view content made available on the services, solely for personal and non-commercial purposes.

5.5 User Content License to iBooked.online: By making User Content available on the services, Users grant iBooked.online a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, store, copy, modify, distribute, publish, and exploit the User Content to promote the iBooked.online Services. This includes the right to use Verified Images for advertising or marketing purposes. iBooked.online does not claim ownership of User Content but reserves the right to use it for the purposes stated.

5.6 Responsibility for User Content: Users are solely responsible for all User Content they make available on the iBooked.online Services. Users represent and warrant that they have all necessary rights to post such content and that their content does not infringe, misappropriate, or violate any third party’s rights.

5.7 Prohibited Content: Users must not post any content that is fraudulent, defamatory, obscene, offensive, discriminatory, promotes illegal activities, or violates any iBooked.online policy. iBooked.online reserves the right to remove content that violates these Terms or any applicable laws.

5.8 Reporting Infringements: If Users believe that any content on the iBooked.online Services infringes on their copyright, they should notify iBooked.online in accordance with the services’s Copyright Policy.

6 Service Fees

6.1 IBooked.online may charge fees to Hosts (“Host Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the IBooked.online Services.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. IBooked.online reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

6.3 You are responsible for paying any Service Fees that you owe to IBooked.online. The applicable Service Fees (including any applicable Taxes) are collected by IBooked.online Payments. IBooked.online Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by IBooked.online Payments. Except as otherwise provided on the IBooked.online Services, Service Fees are non-refundable.

7 Terms specific for Hosts

7.1 Terms applicable to all Listings

7.1.1 When creating a Listing through the IBooked.online Services you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by IBooked.online. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

7.1.4 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. IBooked.online reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.5 The placement and ranking of Listings in search results on the IBooked.online Services may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.

7.1.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.

7.1.7 IBooked.online recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular 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 has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.

7.2 Listing Accommodations

7.2.1 You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). 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 any individuals the Guest invites to the Accommodation.

8 Terms specific for Guests
8.1 Terms applicable to all bookings

8.1.1 Booking Initiation: On the iBooked.online Services, guests have the opportunity to book listings created by Hosts. It’s important to note that iBooked.online merely provides the technology to host these listings via the website creation service and does not act as the booking provider. When a guest chooses to book a listing, they engage directly with the Host, not iBooked.online. Before booking, any applicable fees like Listing Fee, Security Deposit, Guest Fee, and Taxes (collectively referred to as “Total Fees”) will be clearly outlined to the guest. By proceeding with the booking, the guest agrees to pay these Total Fees as part of the booking process with the Host.

8.1.2 Booking Confirmation and Agreement: When a guest receives a booking confirmation, it signifies the formation of a legally binding agreement directly between the guest and the Host. iBooked.online’s role is limited to facilitating the services where this interaction occurs. The terms of this agreement include any additional Host-specific terms and conditions, such as cancellation policies and other rules or restrictions outlined in the listing. While iBooked.online may facilitate the payment process, it acts solely as an intermediary in this transaction.

8.1.3 Responsibilities in Group Bookings: If a guest books a Host service for additional guests, it is the primary guest’s responsibility to ensure that all additional guests meet the requirements set by the Host and agree to the applicable terms and conditions. This includes obtaining agreement from the additional guests to adhere to the Host’s rules and restrictions. In cases where one of the additional guests is a minor, the primary guest booking the service must have the legal authority to act on behalf of the minor and is responsible for their supervision during the service.

8.2 Booking Accommodations

8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.

8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees“). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize IBooked.online (via IBooked.online Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.

8.3 Booking Experiences, Events and other Host Services

8.3.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.

8.3.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.

8.3.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the IBooked.online Services.

9. Booking Modifications, Cancellations, and Refunds

9.1 Responsibility for Booking Changes: Modifications to bookings, including changes in dates, guest numbers, or other details, are to be arranged directly between the Host and the Guest. Guests are encouraged to contact the Host using the provided contact information on their website or phone number for any booking modifications. iBooked.online does not facilitate these modifications.

9.2 Cancellation by Guests: Guests have the ability to cancel a booking in accordance with the cancellation policy set by the Host. The handling of refunds and any associated cancellation fees are responsibilities that fall directly between the Guest and the Host. iBooked.online plays no role in the processing or mediation of these cancellations and refunds.

9.3 Cancellation by Hosts: If a Host cancels a confirmed booking, they are responsible for issuing a full refund to the Guest as per their cancellation policy. iBooked.online does not manage, process, or mediate these refunds.

9.4 Cancellations due to External Factors: For services such as Experiences or Events, if external factors like weather pose a safety risk or prevent the Host from offering the service safely, the Host may cancel the service. Any consequent arrangements for refunds or rebookings are to be handled directly by the Host.

9.5 iBooked.online’s Limited Involvement: iBooked.online may, in rare and exceptional circumstances, decide to cancel a booking due to extenuating circumstances or to protect the safety and interests of other users or the services. However, such decisions are limited and do not reflect iBooked.online’s responsibility for handling regular booking cancellations or refunds.

9.6 Recovery of Refunds by Hosts: In situations where a refund is provided to a Guest after the Host has already been paid, it is the Host’s responsibility to manage the financial aspects of that refund. iBooked.online is not involved in the recovery or processing of refunds from Hosts.

9.7 Communication for Refund Requests: Any communication related to refund requests or associated financial matters should be conducted directly between the Guest and the Host. iBooked.online does not facilitate or oversee these communications or transactions.

10. Damage to Accommodations and Disputes Between Members

10.1 Guest Responsibility: As a Guest, you are accountable for leaving the Accommodation in the same condition as when you arrived. This responsibility extends to any damage to the Accommodation or its contents caused by you or any individuals you have allowed access to the property, excluding the Host and any individuals the Host may have permitted entry.

10.2 Addressing Damage Claims: If a Host alleges that a Guest has caused damage to an Accommodation (“Damage Claim”), it is the responsibility of the Guest and the Host to resolve this claim between themselves. iBooked.online is not involved in the assessment, negotiation, or resolution of such Damage Claims. Any arrangements for compensation or repair must be agreed upon directly between the Guest and the Host.

10.3 Cooperation in Resolving Disputes: In the event of a dispute or Damage Claim, Members (both Guests and Hosts) are encouraged to communicate and cooperate with each other in good faith to resolve the matter. This may involve providing necessary information or taking specific actions as mutually agreed upon to address any issues related to the Accommodation or associated services.

10.4 Insurance Claims: Guests and Hosts are responsible for addressing any insurance claims related to damage independently. This includes making claims under relevant insurance policies such as homeowner’s, renter’s, or other types of insurance. iBooked.online does not facilitate or participate in the insurance claim process.

13. Taxes

13.1 Host Responsibility for Taxes: As a Host, you are entirely responsible for understanding and fulfilling your obligations to report, collect, remit, or include in your Listing Fees any taxes that may apply. This includes but is not limited to indirect sales taxes, occupancy tax, tourist taxes, or income taxes (“Taxes”). iBooked.online does not participate in these tax-related activities. It is the Host’s responsibility to ensure their website is set up correctly to manage these tax obligations.

13.2 Tax Information and Compliance: Hosts are required to provide any necessary tax information as per the regulations of their jurisdiction. This could include providing a tax number or other documentation to demonstrate compliance with local tax laws. Hosts should be aware that failure to provide this information may result in withheld payouts until such documentation is furnished and verified.

13.3 Local Tax Laws and Obligations: Tax requirements vary by location and may be imposed by government agencies where the Accommodation is located. These taxes, often referred to as “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes,” or “tourist taxes,” must be managed directly by the Host.

13.4 iBooked.online’s Non-Involvement in Tax Collection: iBooked.online does not engage in the collection or remittance of Occupancy Taxes on behalf of Hosts or Guests. The responsibility to determine, collect, and remit the correct amount of taxes to the relevant Tax Authorities lies entirely with the Host. Any tax-related information on the services is provided for general guidance and should not be considered as tax advice.

13.5 Discharge of Tax Obligations: Hosts are solely responsible for ensuring that all taxes collected are fully discharged to the appropriate Tax Authorities. iBooked.online will not be liable for any shortfall in tax collection or remittance by the Host.

13.6 Changes to Tax Collection Practices: iBooked.online reserves the right to update or change its policy on tax collection and remittance. However, such changes will be communicated to Hosts, and the primary responsibility for tax collection and remittance will continue to lie with the Hosts.

14 Prohibited Activities

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the IBooked.online Services. In connection with your use of the IBooked.online Services, you will not and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
• use the IBooked.online 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 IBooked.online endorsement, partnership or otherwise misleads others as to your affiliation with IBooked.online;
• copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the IBooked.online Services in any way that is inconsistent with IBooked.online’s privacy policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
• use the IBooked.online Services in connection with the distribution of unsolicited commercial messages (“spam”);
• offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the IBooked.online Services;
• unless IBooked.online explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
• contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the IBooked.online Services, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
• use the IBooked.online Services to request, make or accept a booking independent of the IBooked.online Services, to circumvent any Service Fees or for any other reason;
• request, accept or make any payment for Listing Fees outside of the IBooked.online Services or IBooked.online 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 IBooked.online harmless from any liability for such payment;
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
• misuse or abuse any Listings or services associated with the IBooked.online Open Homes program as determined by IBooked.online in its sole discretion.
• use, display, mirror or frame the IBooked.online Services or Collective Content, or any individual element within the IBooked.online Services, IBooked.online’s name, any IBooked.online trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the IBooked.online Services, without IBooked.online’s express written consent;
• dilute, tarnish or otherwise harm the IBooked.online brand in any way, including through unauthorized use of Collective Content, registering and/or using IBooked.online 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 IBooked.online domains, trademarks, taglines, promotional campaigns or Collective Content;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the IBooked.online Services for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by IBooked.online or any of IBooked.online’s providers or any other third party to protect the IBooked.online Services;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the IBooked.online Services;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the IBooked.online Services;
• export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

14.2 You acknowledge that IBooked.online has no obligation to monitor the access to or use of the IBooked.online Services by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the IBooked.online Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist IBooked.online in good faith, and to provide IBooked.online with such information and take such actions as may be reasonably requested by IBooked.online with respect to any investigation undertaken by IBooked.online or a representative of IBooked.online regarding the use or abuse of the IBooked.online Services.

14.3 If you feel that any Member you interact with, whether online or in person, 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 IBooked.online by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

15 Term and Termination, Suspension and other Measures

15.1 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 IBooked.online terminate the Agreement in accordance with this provision.

15.2 You may terminate this Agreement with 30 days notice by sending us an email.

15.3 Without limiting our rights specified below, IBooked.online may terminate this Agreement for convenience at any time via email to your registered email address.

15.4 IBooked.online may immediately, without notice, terminate this Agreement and/or stop providing access to the IBooked.online Services if (i) you have materially breached your obligations, (ii) you have violated applicable laws, regulations or third party rights, or (iii) IBooked.online believes in good faith that such action is reasonably necessary to protect the personal safety or property of IBooked.online, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

15.5 In addition, IBooked.online may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached our terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the IBooked.online Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or IBooked.online otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) IBooked.online believes in good faith that such action is reasonably necessary to protect the personal safety or property of IBooked.online, its Members, or third parties, or to prevent fraud or other illegal activity:

• refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
• cancel any pending or confirmed bookings;
• limit your access to or use of the IBooked.online Services;
• temporarily or permanently revoke any special status associated with your IBooked.online Account;
• temporarily or in case of severe or repeated offenses permanently suspend your IBooked.online Account and stop providing access to the IBooked.online Services.

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

15.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your IBooked.online Account or any of your Member Content. If your access to or use of the IBooked.online Services has been limited or your IBooked.online Account has been suspended or this Agreement has been terminated by us, you may not register a new IBooked.online Account or access and use the IBooked.online Services through an IBooked.online Account of another Member.

15.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.

16 Disclaimers

If you choose to use the IBooked.online Services or Collective Content, you do so voluntarily and at your sole risk. The IBooked.online Services and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the IBooked.online Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by IBooked.online relating to a Listing.

If we choose to conduct identity verification or background checks on any Member, 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 Member or guarantee that a Member will not engage in misconduct in the future.

You agree that some Experiences, Events, other Host Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service or the Group Payment Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless IBooked.online from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

17 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 IBooked.online Services and Collective Content, your publishing or booking of any Listing via the IBooked.online Services, your stay at any Accommodation, participation in any Experience or Event or use of any other Host Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither IBooked.online nor any other party involved in creating, producing, or delivering the IBooked.online Services or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the IBooked.online Services or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the IBooked.online Services, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not IBooked.online has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms, in no event will IBooked.online’s aggregate liability arising out of or in connection with these Terms and your use of the IBooked.online Services including, but not limited to, from your publishing or booking of any Listings via the IBooked.online Services, or from the use of or inability to use the IBooked.online Services or Collective Content and in connection with any Accommodation, Experiences, Event,other Host Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the IBooked.online Services as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by IBooked.online to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), 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 IBooked.online and you.

18 Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at IBooked.online’s option), indemnify, and hold IBooked.online and its affiliates and subsidiaries, including but not limited to, IBooked.online Payments, 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 (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the IBooked.online Services or any IBooked.online Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) IBooked.online’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.

19 Applicable Law and Jurisdiction

19 If your country of residence or establishment is in Australia, these Terms will be interpreted in accordance with the local laws, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in county court of Victoria, unless we both agree to some other location.

20 General Provisions

20.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between IBooked.online and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between IBooked.online and you in relation to the access to and use of the IBooked.online Services.

20.2 No joint venture, partnership, employment, or agency relationship exists between you and IBooked.online as a result of this Agreement or your use of the IBooked.online Services.

20.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

20.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

20.5 IBooked.online’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.

20.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without IBooked.online’s prior written consent. IBooked.online may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

20.8 If you have any questions about these Terms please email us

21. Design and Setup Services for iBooked.online Websites

21.1 Service Overview: iBooked.online provides custom website design and setup services (“Design Services”) for clients seeking a tailored online presence. These services include website layout design, graphic design, content integration, and basic search engine optimization.

21.2 Scope of Work: Each project will have a defined scope of work, which includes specific deliverables, project timeline, and detailed description of the Design Services to be provided. Any changes to the scope must be agreed upon in writing by both parties.

21.3 Client Responsibilities:

• Content Provision and Accuracy: Clients are responsible for providing all necessary content for the website and ensuring its accuracy and legality.
• Content Management and Updates: Post-launch, clients manage and update website content regularly.
• Order Fulfillment: Clients handle the complete process of managing and fulfilling orders placed through the website.
• Legal Compliance and Liability: Clients ensure website compliance with all applicable laws and regulations.
• Third-Party Integrations: Clients manage third-party services or integrations used on the website.
• User Experience and Accessibility: Clients ensure the website remains user-friendly and accessible.
• Security and Data Protection: Clients are responsible for the security of the website and protection of user data.
• Marketing and Promotion: Clients are responsible for all marketing activities related to the website.
• Financial Transactions: Clients manage all financial transactions through the website.
• Customer Service and Support: Clients provide customer service related to the website.
• Backup and Data Recovery: Clients are responsible for regular website data backup and recovery planning.
• Compliance with Export Controls: Clients comply with all applicable export laws and regulations.
• Indemnification: Clients agree to indemnify iBooked.online from any claims arising from their failure to fulfill these responsibilities.

21.4 Pricing and Payment: Detailed pricing for the Design Services will be provided upfront. Payment terms will include a deposit and payments tied to project milestones.

21.5 Intellectual Property: The intellectual property rights for the custom website design, excluding any client-provided trademarks or pre-existing intellectual property, shall remain with iBooked.online. Clients are granted a non-exclusive, non-transferable license to use the final website design for their specified purposes. Any trademarks, logos, or other intellectual property provided by the client for incorporation into the website remain the property of the client. iBooked.online reserves the right to use the project for promotional purposes and in its portfolio.

21.6 Revision Policy:  Additional revisions may incur extra charges.

21.7 Warranties and Liability: iBooked.online warrants that the design services will be provided professionally but disclaims any warranties of profitability or outcomes from the website use.

21.8 Termination: Either party may terminate the agreement with written notice for significant breaches or failures to comply with terms.

21.9 Confidentiality: All client information and materials are considered confidential and used only to fulfill the Design Services.

21.10 Dispute Resolution: Disputes will be resolved through negotiation, arbitration, or legal proceedings, governed by the laws of the jurisdiction stated in the main Terms and Conditions.

21.11 Amendments: These terms may be amended by iBooked.online and clients will be notified of significant changes.