These Terms and Conditions (the “Agreement”) are a legal agreement between You, individually or on behalf of the entity You represent (“You”, “Your”, or “Guest”) and Gaetro Group LLC, owners of Amyfinehouse. (“Amyfinehouse”, “We”, “Our” or “Us”). We require that all individuals and entities visiting our website www.amyfinehouse.com and its subdomains, as well as all other web properties owned by us including any mobile versions (collectively, the “Website”) agree to the following terms. The software, functionality, and services that We provide through the Website are referred to as the “Services.” By accessing the Services, You acknowledge that (i) You have read, understood and accepted the following terms and conditions; and (ii) You have had the opportunity to review the applicable terms of service governing any online marketplace or other third-party service provided on our behalf.
The Services are provided by us for the purpose of facilitating Your use of our services. Through the Services, You may utilize incorporated software to view information, book a vacation rental, and communicate with us. The Services may also provide information and links related to our other products and services, and third party products and services.
By accessing, creating a user account, or otherwise using the Services, You represent to Us that You are at least 21 years old and You agree to be bound by the terms of this Agreement.
This Agreement governs Your use of the Website only.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, Amyfinehouse IS UNWILLING TO LICENSE THE SERVICES TO YOU, NO LICENSE IS GRANTED, AND YOU ARE NOT AUTHORIZED TO USE ANY OF OUR SERVICES.
1. Use Terms and Conditions
Subject to all terms and conditions of this Agreement, Amyfinehouse hereby grants You a nonexclusive, personal, non-transferable, non-assignable, limited right and license to use and access the Services in accordance with this Agreement and any and all agreements and documents executed by You or delivered by Amyfinehouse (the “License”). We may discontinue some or all functionality of the Services at any time and for any reason, and we may also modify the Services to make them unavailable or inoperable. We may also terminate Your right to use or access the Services at any time and for any reason, including any breach or violation of this Agreement and Amyfinehouse reserves any and all remedies and rights at law or in equity in connection with any such breach or violation.
2. Updates and Supplements to this Agreement
The Services are offered and provided to You subject to this Agreement as well as any other terms, conditions, or rules that we may post on the Website from time to time, which are incorporated into this Agreement by reference. Amyfinehouse reserves the right to update this Agreement at any time without notice to You. If this Agreement is modified, we will post the updated Agreement on the Website, and any use of the Services after we post the revised Agreement constitutes agreement to the new terms. Your use or access to the Services may be subject to additional or different terms and conditions, as may be specified from time to time, including the following:
2.2. Rental Agreement. If a Guest books a reservation for a Amyfinehouse short-term rental (“Reservation”), we are under no obligation to provide access to a Reservation until the Guest provides payment and agrees to the terms of a Short-Term Rental Agreement (“Rental Agreement”) provided via Amyfinehouse Wishbox Guest App.
3. Reservations & Payments
3.1. Purchase. By providing payment information, Guest agrees to purchase a Reservation from Amyfinehouse (“Booking”).
All reservations booked on our Website require a full payment at the time the Reservation is booked. This payment is non-refundable unless you cancel within 24 hours of booking.
You’re entitled to a full refund if you cancel your Reservation within 24 hours of booking your Reservation.
You will not entitled to a refund of 50% payment of your reservation if you cancel before 14 days to your reservation.
If booking through an OTA e.g Expedia and choose to pay directly to us and don’t receive your deposit within 7 days, we’ll consider your Reservation to be canceled.
Changes to your Reservation can be made within 1 day prior to your check-in date may be allowed at the sole discretion of Amyfinehouse. However, if the changes to your Reservation involve decreasing the number of nights booked, you will not receive the difference.
4. Proprietary Rights
The Services are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. All rights in the Services and the content displayed via the Services are reserved to Amyfinehouse and/or its licensors.
No right to use any trademark or trade name of Amyfinehouse is granted to You hereunder other than the right to display the Amyfinehouse marks that are placed on the Services and the Amyfinehouse messages when they are rendered in the Services, in which case such marks may not be altered or removed by You without written approval by Amyfinehouse.
5. Third Party Content
Third-Party Content may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and trademark laws. You may not use such proprietary content, information or materials in any way whatsoever, except for use of the Services for their intended purposes.
6. User Content; Restrictions on Use
Amyfinehouse has no obligation to, and does not, pre-screen any User Content. However, we may, in its sole discretion, remove or edit any User Content at any time and without notice to You as it deems necessary to (1) comply with any necessary laws, regulations, or governmental requests; and/or (2) to, in its sole discretion, operate the Services in a manner it deems proper or to protect against conduct it deems inappropriate.
6.2. Prohibited User Content. You expressly agree not to upload, post, modify, distribute, email, transmit, or otherwise make available any User Content that comprises any of the following (“Prohibited User Content”):
(a) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
(b) is protected by any patent, trademark, trade secret, copyright or other intellectual or proprietary right, unless You own such rights or have received all necessary consent;
(c) constitutes a false, inaccurate, or misleading statement or omission;
(d) impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity, or interfere with someone else’s use of the Services;
(e) constitutes a charity request, petition for signatures, chain letter, letter or information relating to one or more pyramid schemes, advertising or solicitation for funds, political campaigning, mass mailing, any form of unsolicited commercial email or “spam,” or an offering or dissemination of fraudulent goods, services, schemes or promotions;
(f) is sent via unsolicited email, if such email could reasonably be expected to provoke complaints from its recipients;
(g) is harmful, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; and/or
(h) violates any applicable local, state, national or international law.
You agree to indemnify Amyfinehouse for any claims or damages arising out of Your use, creation or posting of Prohibited User Content.
The submission of information or materials to Amyfinehouse shall in no way prevent the purchase, manufacture, or use of similar products, services, plans, and ideas by Amyfinehouse for any purpose whatsoever.
6.3. Restrictions on Use. Unless as otherwise specifically stated in this Agreement, or as agreed upon in writing between You and Amyfinehouse, You may not, and You agree not to:
(a) collect or use, in any manner and for any reason not specifically associated with Your permitted use of the Services under the terms of this Agreement, any information or descriptions on or related to the Services;
(b) separate any individual component of the Services for use;
(c) “frame” or use inclusion techniques to enclose any Amyfinehouse trademark, logo, Service, or other content on the Website within another website or within any other digital content;
(d) use any data mining, scrapers, robots, or similar data gathering or extraction methods to obtain content or information from the Services;
(e) distribute, modify, license, resell, or make any commercial use of the Services or any content on the Services apart from using the Services for their intended uses;
(f) use the Services in any manner that violates a third party’s intellectual property rights, including the rights of copyright owners in any content that You use or modify in connection with the Services;
(g) attempt to gain unauthorized access to the Services or any third-party accounts by any means, including hacking or password mining;
(h) use the Services in any way or for any purpose that is unlawful or prohibited by this Agreement; or
(i) use the Services in any way that could damage or overburden the Services and interfere with any Amyfinehouse server or networking equipment, Amyfinehouse provision of the Services, or any user’s use or enjoyment of the Services.
You agree to abide by all laws and regulations in effect regarding Your use of the Services, including without limitation, its unauthorized use in connection with any copyrighted content. You may not authorize or assist any third party to do any of the things prohibited in this section.
Amyfinehouse may from time to time, in its sole discretion, make updates, modifications, supplements or new versions of the Services, or portions thereof, available to You under this Agreement. Amyfinehouse may also provide support to You to support Your use of the Services. However, Amyfinehouse has no obligation to do so or to provide any bug fixes, modifications, updates or technical support.
8. Collection and Use of Data
9. Internet Access
Use of the Services requires an internet connection and may result in charges from Your cellular service provider if viewed on a mobile device. Amyfinehouse is not responsible for any such charges. Amyfinehouse is also not liable for any disruption, failure, or malfunction of the Internet or other service providers or for any other situation or event that is out of our direct control.
AMYFINEHOUSE DOES NOT PROMISE THAT THE SERVICES OR ANY FUNCTIONALITY THEREOF WILL BE ERROR-FREE OR UNINTERRRUPTED OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SERVICES ARE PROVIDED BY AMYFINEHOUSE “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY OTHER WARRANTY OR REPRESENTATION OF ANY KIND. WE CANNOT ENSURE THAT THE SERVICES OR ANY FILES OR OTHER DATA YOU DOWNLOAD IN RELATION TO THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUR USE OF THE SERVICES, AND THE RESULTS AND PERFORMANCE ACHIEVED USING THE SERVICES, IS AT YOUR OWN RISK.
AMYFINEHOUSE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SERVICES.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMYFINEHOUSE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, ANY PROVISION OF OR FAILURE TO PROVIDE SUPPORT, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF AMYFINEHOUSE, AND EVEN IF AMYFINEHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, notwithstanding the other provisions of this Agreement, Amyfinehouse is found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Services, Amyfinehouse liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to the Services paid in the six months prior to the date of the initial claim made against Amyfinehouse, or (2) US$150.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to You.
12. Indemnification and Release
You hereby release, and shall defend, indemnify, and hold harmless, Amyfinehouse and its owners, officers, members, managers, directors, shareholders, subsidiaries, joint-ventures, partners, suppliers, employees, agents, licensors, and licensees from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses (including without limitation all reasonable attorneys’ fees), known and unknown, arising out of (i) Your use of the Services; or (ii) any violation or breach of this Agreement.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Without limiting its rights and remedies, if You fail to comply with the terms and conditions of this Agreement, Amyfinehouse may, in its sole discretion, terminate this Agreement upon any such failure. Upon termination of this Agreement, You must promptly cease all use of the Services and discontinue exercising all rights granted by this Agreement.
14. Dispute Resolution; Choice of Law
This Agreement shall be construed and controlled by the laws of the State of Texas without reference to its choice of law provisions, and Guest consents to exclusive jurisdiction and venue in the federal courts sitting in Texas, unless no federal jurisdiction exists, in which case Guest consents to exclusive jurisdiction and venue in the applicable Texas State Court. You waive all defenses of lack of personal jurisdiction and forum non conveniens.
15. Other Agreements; Order of Precedence
This Agreement constitutes an individual consent by You to be bound by the terms of this Agreement and is the entire agreement between You and Amyfinehouse with regard to Your use of the Services, and any and all other written or oral agreements or understandings previously existing between You and Amyfinehouse with respect to such use are hereby superseded and cancelled. To the extent there are any conflicts or inconsistencies between this Agreement and any other such agreement, policy or documentation, the Rental Agreement shall control, then this Agreement.
15.1. Online Travel Agency Agreements. Notwithstanding the foregoing, if you booked your Reservation using Expedia, Airbnb, Booking.com, or a similar online travel agency platform (each an “OTA”), to the extent there are any conflicts or inconsistencies between the applicable OTA’s terms and conditions relating to your Reservation and the terms of the Rental Agreement, the OTA’s terms and conditions will supersede the Rental Agreement and the terms of this Agreement.
16. Void Where Prohibited
Although the Services are accessible worldwide, not all features, products, or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Amyfinehouse reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made available through the Services is void where prohibited. If You choose to access the Services from outside the United States, You do so on Your own initiative and You are solely responsible for complying with applicable local laws.
By providing Your cellular telephone number to Amyfinehouse, You expressly consent to receive calls and text messages from Amyfinehouse, which may include information about Your account or Your Booking with Amyfinehouse or pre-recorded and/or pre-prepared advertising messages by or on behalf of Amyfinehouse.
18. General Terms
To arrange for your stay with us, we must know who you are so we can prepare for your stay, manage payment, and ensure you have a positive experience. Therefore, if you do not agree to the terms of this Policy, please do not use the Services.
To make a reservation on our Website we require your full name, email address, and phone number, and billing address information. Your credit card details is requested and processed with Stripe using a 128bit secure SSL connection. We do not store your credit card information.
To arrange for your stay with us, we must know who you so we can verify the reservation details. We ask for your government identification and match it with the name on the reservation and card provided as a proof of ownership.
We may also receive information about you if you are a guest of someone else. Before you arrive, we send out notifications using your email and phone number. These notifications provide information about how to access your accommodations and other information that will help you settle into your stay. If you have arrived at the Services through the use of an Online Travel Agent website (“OTA”), the OTA may have provided us with some of your personal information. Upon successful completion of a reservation, we may transmit your personal information back to the OTA to inform them of the final reservation.
Expedia provides us an Expedia Virtual Card (EVC) to reimburse us for guest payments made to them on our behalf. We process the EVC payments through our payment processor, Stripe.
We may use your e-mail address or mobile phone number to contact you about your experience with the Service
We will retain your personal information for the period necessary to fulfill the purposes outlined in this Agreement unless a longer retention period is required or permitted by law, for legal, tax or regulatory reasons, or other legitimate and lawful business purposes.
Amyfinehouse uses the services of the following processors when booking and providing your stay:
• ·Your Porter
We utilize a third-party property management software for guest who booked through Amyfinehouse.com, Airbnb, Homeaway, and Booking.com. This software provides a unified calendar of all our properties and the arrival and departure dates for each guest. It also provides our website interface with Stripe to process payments for guest that make reservations through our Website. We do not have access to your payment information.
We also utilize third-party property management software for guest who booked through Airbnb, Expedia, TripAdvisor, and Agoda. This software provides a unified calendar of all our properties and the arrival and departure dates for each guest.
We also utilize a third-party guest experience software for collecting/verifying guest information, providing guest check-in details with property access codes, guest communication, and collecting payments for guest who choose to pay directly to us for their stay or special orders. Payments via Wishbox is processed using Stripe. We do not have access to your payment information. Within 60 days after the guest departure, we delete government ID and card details provided to us as proof of ownership.
We utilize a third-party payment processor for processing Expedia Virtual Cards (EVC) and receiving payouts made through our other 3rd party software, Wishbox and YourPorter