PLEASE, IT IS EXPECTED THAT THESE STATED TERMS (OF SERVICE) ARE CAREFULLY READ BECAUSE OF THE IMPORTANT DETAILS CONTAINED IN THEM SUCH AS OBLIGATIONS, LEGAL RIGHTS AND REMEDIES. SIMILARLY, IT COVERS DIFFERENT EXCLUSIONS AND LIMITATIONS, REQUIRED OBLIGATIONS NEEDED IN COMPLYING WITH RELATED RULES AND LAWS AS WELL AS A CLAUSE GOVERNING THE JURISDICTION AND LOCATION OF DISPUTES. SPECIFICALLY, HOSTS ARE EXPECTED TO HAVE FULL KNOWLEDGE OF HOW STIPULATED LAWS OPERATE WITHIN THEIR DESIGNATED CITIES. THERE ARE SOME LAWS RESTRICTING THE HOSTING AND PAYING OF GUESTS PERIODICALLY (ESPECIALLY FOR SHORT DURATIONS). THESE CATEGORIES OF LAWS ARE CLOSELY RELATED TO THE ADMINISTRATIVE OR ZONING CODES OF SUCH CITIES. MOREOVER, HOSTS MAY BE EXPECTED TO REGISTER, OBTAIN CERTAIN LICENSE OR EVEN GET A PERMIT BEFORE THEY CAN EITHER RECEIVE GUESTS OR LIST ANY PROPERTY IN SOME LOCATIONS. ALSO, SOME FORMS OF BOOKINGS, ESPECIALLY THE SHORT TERM ONES, MAY BE COMPLETELY DISALLOWED. THE ENFORCEMENT OF THESE STIPULATED LAWS VARIES FROM ONE LOCAL GOVERNMENT TO ANOTHER. BREAKING ANY OF THESE LAWS MAY ATTRACT PENALTIES IN VARIOUS FORMS LIKE FINE OR ANY RELATED PROCEDURE. BEFORE GOING TO LIST ANY SPACE AT THEGOLDENMOON.COM, HOSTS ARE EXPECTED TO REVIEW AND UNDERSTAND THEIR LOCAL LAWS.
1. Terms of Service
By using The Golden Moon Site, its Services or Applications, the user is entering a contract with The Golden Moon as far as all related activities are carried out with it. The Site "The Golden Moon" will henceforth be referred to as "Thegoldenmoon".
THIS SITE, ITS APPLICATION AS WELL AS SERVICES MAKE UP AN AVENUE FOR HOSTS TO LIST THEIR AVAILABLE APARTMENTS AND FOR GUESTS TO DISCOVER THEIR AVAILABILITY AND MAKE DIRECT BOOKINGS WITH HOSTS. USERS MUST AGREE TO THE FACT THAT THEGOLDENMOON WILL NOT BE HELD LIABLE FOR AGREEMENTS BETWEEN HOSTS AND GUESTS NEITHER IS IT AN INSURER, AGENT NOR A REAL ESTATE BROKER. SIMILARLY, THEGOLDENMOON CANNOT BE CHARGED WITH HOSTS', GUESTS' ANS OTHER USERS' CONDUCTS IN THE COURSE OF USING THE SITE AND OTHER RELATED CONTENTS. IT THEREFORE, DISCLAIMS ANY FORM OF LIABILITY IN TERMS OF THESE.
2. Key Terms
"Accommodation" implies all residential apartments.
"Thegoldenmoon Content" implies Thegoldenmoon's content as used in the Site, its Application and Services covering those from third parties (licensed contents) and not those from members.
"Booking Request Period" implies the period a Guest requested any booking though this is within the prerogative of Thegoldenmoon and the time a Host accepts or rejects the request. This varies from one location to another.
"Collective Content" implies both Thegoldenmoon and member contents.
"Content" implies all texts, graphics, images, piece of music, software as well as other related materials on the site.
"Guest" implies a user or Member requesting or booking an Accommodation with a Host through this Site or related ones. It is also someone staying in an Accommodation without being the Host of it.
"Host" implies Site user creating and listing properties through the site.
"Listing" implies making an Accommodation available for rent through the Site.
"Member" implies a registered person at Thegoldenmoon. It could be both Hosts and Guests or anyone who registers through the registration procedure.
"Member Content" implies all posted, published, uploaded, transmitted, submitted contents by all registered members through Site's various means.
"Tax" or "Taxes" implies all forms of taxes; sales, value added (VAT), goods/services (GST), transient occupancy, tourist/other visitor, accommodation/lodging, fees etc. that a Host is required by law to either collect or remit to different governmental agencies as well as other stakeholders.
AS LONG AS YOU ARE ABLE TO HAVE ACCESS TO THIS SITE; ITS SERVICES, APPLICATION OR OTHER RELATED ACTIVITIES, EITHER AS A REGISTERED MEMBER OR NOT, YOU ARE IN AGREEMENT TO THE FACT THAT YOU HAVE READ AND DIRECTLY BOUND BY STATED TERMS AND CONDITIONS. ANY DISAGREEMENT TO THESE TERMS IMPLIES DENIAL OF SITE USE AND OTHER RELATED SITE COMPONENTS. USERS ARE EXPECTED TO AGREE WITH STATED TERMS OF THE SITE BEFORE ACCESSING IT. Agreement and acceptance of these Terms as a representative of a company automatically binds that company you are representing to them. Your actions and activities on this Site affect that company as well as any legal body you are representing here.
As a dynamic company, Thegoldenmoon has the sole right to make any necessary alteration or modification to any aspect of the Site and other related components as well as Service Fees and this stated Terms without being charged of not serving users proper notice. For modified Terms and other conditions, information will be posted on this Site or other related aspects for your consumption. Each date of modification will be clearly displayed on top of this Terms' page. Your interest to continue using this site and its other integral parts after each modification has been made and information shared on the related page implies an agreement to be charged with such modified Terms. It will be assumed that you have agreed to modified details and also bound by them. You have the right to stop using this Site and other aspects if modified Terms are contrary to your views; implying disagreement.
This Site as well as its Service and Application are meant for individuals within 18 years or more. Individuals below the age of 18 are prohibited from using this Site, its Service and Application. Your interest to use this Site and other related areas like Application or Services is an indication that you are within or over the age limit stated here.
5. How the Site, Application and Service Work
This Site, its Application as well as Services are meant to help in the listing and also in booking residence and Accommodations. Vacant residences are available in the Site and its components' listing as stated by the Host(-s). As a visitor to this Site who is not registered yet, you are free to view the Listing, but in order to proceed with Accommodation booking or to create any Listing; you are expected to have an Account with Thegoldenmoon by registering in the Site.
Thegoldenmoon is an online marketplace where both Hosts (those listing available Accommodation) and Guests (those looking to buy/rent accommodation) meet. While this Platform gets both parties together, Thegoldenmoon is not a property (hotel/motel rooms or other Accommodations) operator, owner nor provider. It is not involved in the sale, resale, management, furnishing, renting or re-renting of apartments. Except otherwise stated or modified, Thegoldenmoon is charged with the following responsibilities:
Serves an escrow for both parties: Hosts and Guests
Makes the Site, Services and Application available
THIS SITE AS WELL AS OTHER ASPECT OF IT WORKS TO SOLELY BRING HOSTS AS WELL AS GUESTS TOGETHER. THEGOLDENMOON, HOWEVER, CANNOT BE CHARGED WITH THE RESPONSIBILITY OF CONTROLLING CONTENTS IN THE LISTING AS WELL AS THE LEGALITY, CONDITION AND SUITABILITY OF LISTED ACCOMMODATIONS. IT THEREFORE, WILL NOT BE LIABLE FOR ANY ACCOMMODATION LISTED OR BOOKED THROUGH IT. ALL BOOKINGS ARE THEREFORE ACCEPTED BY MEMBERS AS THEIR PERSONAL RISK.
6. Registration of Account
Creating an Account ("Thegoldenmoon Account") and becoming a Member enables you gain access to some features of the Site and Application, allows you book an Accommodation or create Listings. Registration could be done either directly by Site or Application or as explained in this section. Registration can also be done through the logging in of your Account with some Third-Party social networking sites ("SNS") (including but not restricted to Facebook; each such account, a "Third-Party Account") through our Site or Application as explained below.
Your Thegoldenmoon Account may be linked with Third-Party Accounts either by: (i) using the Site, Services or Application to give your Third-Party Account login information to Thegoldenmoon; or (ii) giving Thegoldenmoon permission to access your Third-Part Account as written under the applicable Terms and Conditions that oversees your use of each Third-Party Account. You agree that it is your prerogative to reveal your Third-Part Account login information to Thegoldenmoon and/or allow Thegoldenmoon access to your Third-Party Account (including, use for the purpose herein described, but not limited to them), without the breaking of any of the Terms and Conditions that oversees your use of the applicable Third-Party Account by you and without requiring the payment of any fees whatsoever by Thegoldenmoon or subjecting Thegoldenmoon to any restrictions placed by such Third-Party Service providers on usage. By giving Thegoldenmoon access to any Third-Party Account, you accept that Thegoldenmoon will check, provide and keep (if need be) any Content that has been made available to and stored in your Third-Party Account ("SNS Content") by you so that it is accessible on and through the Site, Services and Application courtesy of your Thegoldenmoon Account and the profile page of Thegoldenmoon Account. All SNS Content, if any, will be seen as Member Content for all uses of these Terms except it has been specified in these terms. Personally identifiable information posted by you to your Third-Party Accounts will be made accessible on and through your Thegoldenmoon Account on the Site, Services and Application; this solely depends on the privacy settings that has been set by you in such Third-Party Accounts. Note at this point that the SNS Content will no longer be seen on and through the Site, Services and Application if the Third-Party Account and the Service it provides is no longer accessible. At any time, you can render inoperative the connection that is between your Thegoldenmoon Account and your Third-Party Accounts by going through the "Setting" section of the Site and Application. IT IS IMPORTANT TO NOTE HERE THAT YOUR AGREEMENT (S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS OVERSEES IN ENTIRETY YOUR ASSOCIATION WITH THE THIRD-PART SERVICE PROVIDERS THAT ARE LINKED WITH YOUR THIRD-PARTY ACCOUNTS.
Thegoldenmoon is not to be held accountable for any SNS content and it makes no effort to examine any SNS content for any purpose including but not restricted to for accuracy, legality or non-infringement.
The personal information you give to us will be the basis for creating your Thegoldenmoon Account and your Thegoldenmoon Account profile page to enable you use the Site and Application or we could use an SNS to get what is described above. You are not allowed to have more than one (1) functional Thegoldenmoon Account. You consent to give correct up-to-date and full information while registering and appraising such information subsequently in order to keep it correct, up-to-date and complete. In the event that you create more than one (1) Thegoldenmoon Account, Thegoldenmoon has the right to hold or terminate your Thegoldenmoon Account and your accessibility to the Site, Application and Services. Same conditions also apply if any of the information given while registering or after registering is found to be incomplete, wrong or deceitful. You are to be in charge of keeping your password safe. You consent to not revealing your password to any third party and that you are solely liable for all actions taken under your Thegoldenmoon Account, irrespective of whether you approve such actions or not. In the event of any nefarious action on your Thegoldenmoon Account, you will promptly alert Thegoldenmoon Account.
7. Listing of Accommodation
You get to initiate Listings as a member. You will be queried on a large array of questions concerning the Accommodation you plan to list, including but not restricted to the size, qualities, capacity, location and availability of the accommodation, if and when you choose to create a Listing. Also, similar rules, pricing and financial terms will be asked of you. It is pertinent that all Accommodation have a legitimate physical address in order to be featured in Listings via the Site, Application and Services. Listings will be listed publicly through the Site, Application and Services. Based on the information you gave in your Listing, other Members will reserve your Accommodation through the Site, Application and Services. You comprehend and agree that you may not ask a Guest to pay a higher price than in the booking once the Guest requests a booking of your Accommodation.
You accept and approve that you are solely to be held liable for any and all Listing and Member Content you post. Consequently, you signify and authorize that any posted Listing by you and the reserving of, or a Guest's stay at, an Accommodation in a Listing posted by you (i) will not break any pact with any third parties such as condominium, lease or rental agreement, homeowners association that you have entered into and (ii) (a) will be in agreement with all valid laws (such as zoning laws overseeing the rentals of residential and other properties), Tax requirements, and rules and regulations that may affect any Accommodation included in a Listing you post (including getting all needed permits, registrations and licenses), and (b) not clash with the rights of third parties. Please be reminded that Thegoldenmoon is under no obligation for a Host's observance of any agreements with or duties to third parties, applicable laws, rules and regulations. Thegoldenmoon retains the right to do away with or deactivate at any time and without previous notice, any Listing for any purpose, including Listings that is considered disagreeable by Thegoldenmoon, in desecration of these Terms or Thegoldenmoon's then existing Policies and community guideline, or otherwise damaging to the Site, Application or Services.
As a Host, you comprehend and agree that Thegoldenmoon is not your contractor or insurer. If a Guest asks for a booking of your Accommodation and then stays there, any pact entered into with such Guest is strictly between you and the Guest and Thegoldenmoon is not a part of it. Irrespective of this condition, Thegoldenmoon acts as the limited official payment collection agent on the Host's behalf, payments made by Guests of amounts required by the Host (inclusive of Cleaning or other Fees and/or Taxes)
The creation of a Listing enables you to include specific conditions which every eligible Member interested in a booking of your Accommodation must meet. Such conditions may include mandating Members to have either a profile pix or verified phone number if they plan to book your Accommodation. Any Member must meet the conditions that are included in the Listings of the Accommodations he plans to book. Visit the "Hosting" Section of the Site, to get more information on how to go about setting such conditions.
As a Host, Thegoldenmoon provides you with tools which can aid you in making updated decision about which Members you decide to endorse or pre-approve for your Accommodation booking. You consent and admit that, as a Host, you are to be held accountable for your actions and inactions and are also accountable for the actions and inactions of any persons residing at or otherwise present at the Accommodation at your asking or offer, excluding the Guest (and the persons invited by the Guest to the Accommodation if possible).
8. No Endorsement
No Member or Accommodation is endorsed by Thegoldenmoon. It should be noted that images that have been verified are used to show a picture of the Accommodation as at when the photograph was taken. Verified images should however not be seen as an endorsement of any Member or Accommodation by Thegoldenmoon. Therefore, Members are mandated to give correct information, and even though Thegoldenmoon may commence additional assessments and processes intended to aid in verifying and confirming the identities or backgrounds of users, we do not make any statements about, approve or confirm any Member or the Member's supposed identity or background.
References to a Member being "verified" or "connected" (or similar language) anywhere in the Site, Application or Services only specify that a significant verification process has been completed by the Member and does not mean anything else. Any of such portrayal should not be seen as an endorsement, assurance or certification by Thegoldenmoon about such Member, inclusive of the identity of the Member and if the Member can be trusted, is safe or apt. In its place, you should see such description as a piece of useful information that can be used to assess and come to your own conclusions about the personality and suitability of people you contact or interact through the Site, Application and Services. It is therefore recommended by us that you are always watchful, meticulous, thorough and careful when making a decision on whether to stay with a Host, receive a Guest's booking request, or interact with any other Member. Thegoldenmoon is not to be held liable for any damage or injury that may arise from you interacting with other Members. As you use the Site, Application or Services, you agree that any legal solution or liability you want to get for the action or inactions of other Members or Third Parties will be restricted to a petition against the specific Member, or other Third Parties who caused you harm. You assent that you will not try to foist liability on or get any legal remedy from Thegoldenmoon with respect to such actions or inactions. Thus, we urge you to communicate directly with other Members on the Site and Services concerning any Listing or booking you have made. This restriction is not applicable to any claims Host has against Thegoldenmoon concerning the transfer of payments gotten from a Guest by Thegoldenmoon on a Host's behalf, which shall be dependent on the restrictions described in the section below titled "Limitation of Liability".
9. Bookings and Financial Terms
9.1 Major definitions
"Accommodation Fees" means the amounts paid by a Guest in exchange for that his or her stay in an Accommodation. The Accommodation Fees for his or her Listing is solely the Host's responsibility, Thegoldenmoon is not included. The Host may decide solely to include in these amounts (i) a Cleaning Fee or any other fee given assent to on the Thegoldenmoon Platform, or (ii) Taxes that the Host resolves that he or she has to collect.
"Guest Fees" means the fee that Thegoldenmoon charges a Guest for using its Services. This fee is calculated as a percentage of the relevant Accommodation Fees. When the Guest is asked whether to send a Booking Request to a Host, his or her fees will be shown to them.
"Host Fees" means the fee that Host pays to Thegoldenmoon for the use of its Services. This is calculated as a percentage of the relevant Accommodation fees. When the Host is asked whether to accept or reject a Booking Request from a potential Guest. The Host Fees will be displayed to the Host.
"Service Fees" means the Guest Fees and the Host Fees jointly.
"Total Fees" means collectively the Accommodation Fee and Guest Fees plus any Taxes.
9.2 Bookings and Financial Terms for Hosts
If as a Host, booking is requested for your Accommodation via the Site, Application or Services, you will be obligated to either accept or reject the Booking Request within the Booking Request Period, else the Booking Request will automatically expire. When a booking is requested via the Site, Application or Services, we will allow you see (A) the first and Last name of the Guest who has requested the booking, (B) a link to the Guest's Thegoldenmoon Account profile page, (C) an indication of whether or not the Guest has provided other information to Thegoldenmoon, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a Booking Request within the Booking Request Period, any amounts collected by Thegoldenmoon for the requested booking will be refunded to the applicable Guest's credit card and any pre-authorization of such credit card will be released. In the event of you confirming a Booking Requested by a Guest, Thegoldenmoon will send you an email, text message or message via the Site or Application confirming such booking, depending on the selections you make via the Site, Application and Services.
Thegoldenmoon will collect the Total Fees from Guests at the time of booking request or upon the Host's confirmation and will initiate payment of the Accommodation Fees (less Thegoldenmoon's Host Fees and any taxes in respect of the Host Fees, such as VAT in Europe) to the Host within 24 hours of when the Guest arrives at the applicable Accommodation (except to the extent that a refund is due to the Guest). The Payout Method chosen by the Host is determined by the time it takes for the Host to receive payouts. Some methods involve the use of Third-Party payment processors, who sometimes impose their own extra charges for the use of their services on the Host, including the deduction of their charges from the Payout Amount.
If you owe or have accepted to pay any amount to Thegoldenmoon (whether as a result of your bookings or actions as a Guest or otherwise), then it may (but is not required to) hold back the amount owing to it from any Payout Amounts due to you as a Host, and use the withheld amount to set off the amount owed by you to Thegoldenmoon. If Thegoldenmoon does so, then your duty to pay it will be cancelled to the degree of the amount withheld by it, and it will cease to owe to you any obligations (including, but not restricted to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks if your account is delinquent or you otherwise have chargebacks on your account. Such fees or charges may include collection fees, convenience fees, or other Third party charges. You hereby plainly accept that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Thegoldenmoon by you. Such communication may either be made by Thegoldenmoon or by anyone on its behalf, including but not restricted to a Third party collection agent.
Appointment of Thegoldenmoon as Limited Payment Collection Agent for Host Thegoldenmoon is hereby appointed by the Host as the Host's limited payment collection agent strictly for the purpose of receiving the Accommodation Fees from Guests.
Each Host agrees that payment made by a Guest through Thegoldenmoon Platform, shall be considered the same as a payment made directly to the Host, and the Host in turn will make the Accommodation available to the Guest in the agreed-upon manner as if the Host has received the Accommodation Fees. Each Host agrees that Thegoldenmoon may, in accordance with the Cancellation Policy selected by the Host and reflected in the relevant Listing (i) permit the Guest to cancel the booking and (ii) refund (via Thegoldenmoon) to the Guest that portion of the Accommodation Fees specified in the applicable Cancellation Policy. Each Host understands that as Thegoldenmoon accepts payments from Guests as the Host's Limited Payment Collection Agent and that Thegoldenmoon's obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from the said Guests. Payments are not guaranteed by Thegoldenmoon to Hosts for amounts that have not been successfully received by Thegoldenmoon from each expected Guest. In confirming its acceptance of its appointment as the Limited Official Agent of the Host, Thegoldenmoon takes no liability for any actions or inactions of the Host.
Note here now that Thegoldenmoon currently does not charge fees for the creation of Listings; it is completely free. However, you as a Host must understand and agree that Thegoldenmoon has the sole right, to charge you for and take fees from you for the creation of Listings when it so deem fit. Also, please note that Thegoldenmoon will give notice of any Listing fee collection via the Site, Application and Service, before implementing such a Listing Fee feature.
9.3 Bookings and Financial Terms for Guests
The Hosts, not Thegoldenmoon, are solely held liable for honoring any bookings that has been made, and making available any Accommodations reserved via the Site, Application and Service. If you decide to enter into a transaction as a Guest with a Host for the booking of an Accommodation, you agree and comprehend that you will be mandated to enter into a contract with the Host and you consent to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You comprehend and agree that you, and not Thegoldenmoon, will be solely held responsible for fulfilling the terms of any such contract, that Thegoldenmoon is not a signatory to such contracts, and that, with the exception of its payment requirement hereunder, Thegoldenmoon disclaims all liability that will arise from or related to any such contracts.
You understand and accept that, irrespective of the fact that Thegoldenmoon is not a party to the pact entered by you and the Host, Thegoldenmoon still functions as the Host's Payment Collection Agent for the exclusive purpose of receiving payments from you on the Host's behalf. After Total Fees payment has been made to Thegoldenmoon, your payment obligation to the Host for the Accommodation Fees is cancelled, and Thegoldenmoon is now liable for paying the Accommodation Fees (less the Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe), in the way already described in these Terms. If it happens that Thegoldenmoon does not pay any such amounts as explained in these Terms, such Host will have recourse only against such Thegoldenmoon entity.
9.4 Rounding Off
Thegoldenmoon may, decide solely to, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Thegoldenmoon will round up an amount of $101.50 to $102.00, and $101.49 to $101.0.
In cases where the currencies are denominated in large numbers Thegoldenmoon may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Thegoldenmoon to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
9.5 Payment Processing Errors
Steps shall be taken to correct any error encountered during payment processing errors that we are made aware of. The steps taken may include crediting or debiting (as needed) the same Payment Method used for the original payout to or payment made by you, so that you get to receive or pay the correct amount.
Before the Guest gets to send a booking request to a Host, the Total Fees payable will be displayed to the Guest. As earlier noted, the Host is needed to either accept or reject the booking request within the Booking Request Period; else, the requested booking will be automatically declared void. In the event that a requested booking is annulled (i.e. not accepted by the appropriate Host), Thegoldenmoon will refund to such Guest, any amount collected. This is dependent on the choices made by the Guest via the Site and Application, and any prior authorization of such Guest's credit card will be released, if valid.
As a Guest, you agree to pay Thegoldenmoon for the Total Fees for any booking requested, and in most accepted cases, in connection with your Thegoldenmoon Account in agreement with these Terms by one of the methods described on the Site or Application, e.g. by PayPal or credit card. By charging the credit card given as part of asking for booking, either directly by Thegoldenmoon or indirectly, through a Third-party online payment processor or by one of the Payment Methods described on the Site or Application, you hereby approve the collection of such amounts.
Generally, Thegoldenmoon gets the Total Fees due once it receives a booking request from the appropriate Guest; in areas where necessary, Total Fees may instead be gotten at a much later date when such requested booking is established by the applicable Host. In order for you to set up a booking while awaiting the applicable Host's confirmation of your requested booking, you fathom and agree that Thegoldenmoon, on the Host's behalf, has the exclusive right, to solely (i) get a prior authorization through your credit card for the Total Fees or (ii) charge your credit card a minimal amount, not expected to exceed one British Pound (£1), or a related sum in your currency of transaction(e.g. one Euro or one American Dollar), to verify your credit card.
Thegoldenmoon or its Third-part Payment Collection Agent(-s) will ask you to make available to them the usual billing information such as name, credit card information and billing address; this would be in line with your Booking Request. A confirmation email which would summarize the details of your now accepted booking will be sent to you immediately you are done with completing your booking transaction.
9.6 Security Deposit
The Hosts might make the choice of including Security Deposits in their Listings ("Security Deposits"). If a Security Deposit is needed for an applicable Accommodation, the Listing will make it known. Thegoldenmoon acting as the Payment Collection Agent of the Host, will use its commercially realistic efforts to charge the Guest's Payment Method in the amount of the Security Deposit, within a reasonable period of time after the Guest's check-out from the Host's Accommodation, this is only applicable if in a Listing for a confirmed booking of an Accommodation a Security Deposit is included, and a Host makes a claim against such Security Deposit. Also, Thegoldenmoon will use its commercially reasonable efforts to address Hosts' requests and claims related to Security Deposits. Note that Thegoldenmoon shall not be held liable for managing or accepting any claims made by Hosts as regarding Security Deposits, and therefore denies any and all liability involving this interest.
9.7 Service Fees
Thegoldenmoon charges the Service Fees in exchange for using its online market place and Platform. In respect of the Host and Guest fees, Taxes such as VAT in Europe may also be charged in areas where it is applicable. Thegoldenmoon will subtract the Accommodation Fees from the Host Fees before paying the Host the remainder as explained in these Terms. Guest Fees are also included in the Total fees.
Balances will be forwarded to Hosts by Thegoldenmoon using PayPal, check, direct deposit or other available Payment Methods, which are explained on the Site or through the Application. This balance will be paid in the currency of choice the Host's prefer and it will depend on the selections the Host makes through the Site, Application and service. Amounts could either be rounded up or down as explained in the "Rounding Off" section above.
Note that Thegoldenmoon reserves the right to levy or subtract the cost of foreign currency processing on or from any payments or payouts by Thegoldenmoon in currencies other than GB pounds. The Site and Application will have more information on any such charges or deductions. Visit www.thegoldenmoon.com/help to get more information on Service Fees. Service Fees are non-refundable, except as otherwise provided herein.
10. Financial Terms and General Booking
10.1 Refunds and Cancellations
Thegoldenmoon reserves the right to cancel any prior authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time if, as a Guest, you cancel your requested booking before it is accepted by a Host. Thegoldenmoon will initiate any refunds due pursuant to the Payment Terms.
As a Guest, if you cancel a confirmed booking made via the Site, Application and Services, either before or after arriving at the Accommodation, the Cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. The terms of the appropriate Cancellation Policy will determine our ability to refund the Accommodation Fees and the Guest Fee charged to you. The Site and Application has more information concerning the refunds and Cancellation Policies. Irrespective of the Cancellation Policy chosen by the Host, note that the Guest Fee is non-refundable.
If a Host cancels an accepted booking made through the Site, Services, or Application, (a) the Guest will get the Total Fee for such booking from Thegoldenmoon within the commercially allotted time of the cancellation, (b) Thegoldenmoon will supply the Guest with information about an alternative Listings through an email or any other form of communication. If the Guest chooses a booking from one of the alternative Listings and the Host of the alternative Listing accepts the Guest's requested booking, then the Guest consents to pay Thegoldenmoon the Total Fees relating to the requested booking for the Accommodation in the alternative Listing, according to these stated Terms. Cancelling a booking that is already confirmed by a Host implies that he or she is in agreement with Thegoldenmoon policy to apply relevant consequences and penalties to either his or her Listing or him/her. These include:
a. A publication of an automated review on such a Host's listing showing the cancelled reservation
b. Keeping special calendar for unavailable or blocked listing reflecting dates of bookings that have been cancelled
c. Imposition of a Cancellation Fee ($100) which will be taken from future payouts or effected on credit card connected to Thegoldenmoon Account. Users will be informed under the situation each Fee (Cancellation) applies before deciding to proceed with the cancellation.
Thegoldenmoon using its sole prerogative might decide that it is required to cancel an already accepted booking made via the Site, Application or Service, in certain situations. The reasons could be that already outlined in the TheGM's Extenuating Circumstances Policy or for any other motive. In agreement with the Guest Refund Policy, Thegoldenmoon based on its sole judgment may decide to refund to the Guest part or all of the amounts charged to the Guest. You agree that Thegoldenmoon and the relevant Guest or Host will not have any liability for such cancellations or refunds.
If your guest cancels an already accepted booking or Thegoldenmoon deems it necessary to cancel an accepted booking, and Thegoldenmoon gives a refund to the guest in line with the Guest Refund Policy or any other related Cancellation Policies, you are in agreement that should you have been paid, Thegoldenmoon shall be authorized to regain the sum of money of which the guest refunded to you such as deducting such said amount from related future Fees (Accommodation) you are entitled to.
10.2 Rounding Off
Using its sole judgment, Thegoldenmoon may decide to round off (up or down) the sum of money that could have been paid to either Guests or even Hosts in which the currency is denominated to the nearest whole functional base unit such as rounding off to the nearest Euro, GB Pound or other currency supported by TheGM system. For example, Thegoldenmoon will round off £101.50 to £102.00, and £101.49 to £101.00.
However, there are some rare situations that we have currencies in large numbers and in high denominations. Under such situations, Thegoldenmoon may use its discretion among other factors to determine that the functional base unit in which those currencies are denominated should be 10, 100 or 1,000 of the currency. Thegoldenmoon would round off such related examples of identified currencies from 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
10.3 Payment Processing Errors
Steps will be taken to resolve any errors encountered during the processing of payment that we are made aware of. These entail either debiting or crediting, as the case may be, similar Payment Method which was used originally for payouts or even payments by the user. This is done to ensure each user pays or receives the right amount at the end of the day.
We may need to get the correct Tax information from our Hosts, or to withhold Taxes from payouts to Hosts, or both if required by Tax regulations. Ensuring that the information contained in the Tax forms are current, entire and correct is solely the responsibility of the Host. We solely retain the right to use our discretion in freezing all payouts made to you until such a case is resolved. We can also withhold such amounts according to stipulated law or even carry out both If, as a Host, there is failure on your part to give us the desired documents needed by us to determine and to be seen as sufficient enough in alleviating our duty (if any) to withholding Taxes from relevant payments made to you.
As a Host, you comprehend and consent to being held solely liable for determining (a) your related Tax reporting details as well as (ii) the Taxes to be included, and for including Taxes that can be accepted or roles relating to Taxes, which are applicable in Listings. It is also your sole responsibility to remit inclusive or accepted Taxes to assigned authority. It is not the responsibility of Thegoldenmoon to give advice to members on matters relating to Tax.
Thegoldenmoon has the right to issue, either where necessary or on the basis of request from any Host, a valid VAT invoice to him or her.
You comprehend and accept that relevant governmental agencies, departments or authorities especially the tax authority may require the collection of taxes from either Guests or Hosts on the money paid for the right to use and/or occupancy of your provided accommodations, as well as for remittance to each respective authority (tax) in the location of your Accommodation. There may be requirement of these Taxes to be collected and also remitted in terms of Accommodation Fees' percentage as laid down by the Host. A fixed amount each day as well as in other forms are often referred to as either "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes"; this will however, be referred to as occupancy taxes here despite the difference in laws.
11.1 Occupancy Tax Collection and Remittance
In some areas, Thegoldenmoon may decide, as it deems fit, to facilitate the collection as well as payment of occupancy taxes from or on behalf of a Guest or Host, in line with his or her instructions in the collection and remittance agreement if such Tax jurisdiction claims Thegoldenmoon or its Host has a Tax collection and remittance duty. You hereby instruct and authorize Thegoldenmoon to receive occupancy taxes from Guests on behalf of the Host at the time Accommodation Fees are collected, and to remit such Taxes to appropriate authority irrespective of if you are a Guest or Host, in lieu of the Host receiving Occupancy Taxes from Guests and paying to the Tax Authority in any jurisdiction in which we decide to facilitate direct collection and remittance. Thegoldenmoon will offer notification to existing Hosts with Listings for Accommodations in such areas when Thegoldenmoon facilitates collection and remittance of Occupancy Taxes in an area for the first time. The host will be given a notification in the listing creation flow, when a new listing is created in an area where Thegoldenmoon facilitates collection and remittance of Occupancy Taxes.
The number of collected as well as remitted Occupancy Taxes, if any, by Thegoldenmoon will be made known to and categorically stated to both parties on their different documents for transaction. In areas where Thegoldenmoon is directly encouraging the collection and remittance, either party agrees that all Hosts are forbidden acceptance of any Occupancy Taxes connected to their Accommodations here. You totally agree to hold, issue, indemnify and defend Thegoldenmoon and other people working or partnering with them guiltless from and against any issues, whatsoever, arising from Occupancy Tax in all jurisdiction and scope of it as far as your Accommodation transactions are concerned. For any area in which we encourage collection as well as remittance, parties involved expressly allow us, without any form of notice, to save, transfer and share their data and other details about their transactions, bookings, Accommodations and Occupancy Taxes, including, but not restricted to, personal identifiable details like their name, Listing addresses, transaction dates and amounts, Tax identification number(-s), the amount of Taxes collected from Guests or allegedly due, contact information and related details, to appropriate Tax Authority.
11.2 Opt-in to Host Remittance of Taxes
Thegoldenmoon may decide, in its sole judgment, to facilitate Occupancy Tax collection on behalf of both parties, in other areas, in line with a Host's direction to opt-in to a definite Occupancy Tax line item in the course of booking, in which the Host directs that Occupancy Taxes from Guests be sent straight to the Host so him/her will pay such taxes straight to tax authority. You hereby instruct and authorize Thegoldenmoon to send Occupancy Taxes collected from Guests at the time Accommodation Rees are collected to the Host who is duty-bound to send such Taxes to the Tax Authority directly, in any area we decide to facilitate collection by Opt-in for Host remittance.
If Thegoldenmoon proposes and a Host chooses Opt-in for Host remittance in any area, Hosts and Guests are then solely responsible and liable for the payment and remittance of any and all Taxes that may be applicable to Accommodations; you consent and understand that Thegoldenmoon is not accountable for, and will not send any such Occupancy Taxes to the Tax Authority under Opt-in to Host remittance of Taxes. You are therefore in agreement that Thegoldenmoon is just processing your given Instruction to have Occupancy Taxes from Guests sent straight to the Host for payment by the Host to the Tax Authority through Third -party payment processors, and that you will give all amounts collected from Guests as Occupancy taxes to such Tax Authority. You totally agree to hold, issue, indemnify and defend Thegoldenmoon and other people working or partnering with them guiltless from and against any issues, whatsoever, arising from Occupancy Tax in all jurisdiction and scope of it as far as your Accommodation transactions are concerned.
For any area in which we encourage opt-in for Host remittance, parties involved expressly allow us, without any form of notice, to save, transfer and share their data and other details about their transactions, bookings, Accommodations and Occupancy Taxes, including, but not restricted to, personal identifiable details like their name, Listing addresses, transaction dates and amounts, Tax Identification number(-s), the amount of Taxes collected from Guests or allegedly due, contact information and related details, to appropriate Tax Authority.
11.3 Miscellaneous Occupancy Tax Provisions
Either as Guests or Hosts, you are in agreement with Thegoldenmoon on any claim relating to its facilitation of opt-in remittance that it shall not be extended to any vendor/supplier who may be used by Thegoldenmoon should there be any. Both parties the Guests and Hosts also are in agreement with Thegoldenmoon to seek extra fund from you in a situation where the remitted or collected Taxes are completely insufficient for disbursement to Tax Authority. Both parties are also in agreement that their rescue for collected Occupancy Taxes is a refund of the Tax (Occupancy) collected by Thegoldenmoon from the related authority with respect to stipulated procedures laid down by that Authority.
Both parties accept and agree that there will be some situations where Thegoldenmoon will decide not to facilitate the acceptance or payment of Occupancy Taxes. It may be unable to carry out the collection and/or remittance of such Taxes, and that nothing contained in this agreement is a representation or guarantee that Thegoldenmoon will facilitate collection and/or remittance of Occupancy Tax anywhere at all. This is also applicable in any specific area that Thegoldenmoon continues to facilitate any acceptance or payment of this Tax as well as in any specific area in which it may have been offered.
Hosts and Guests remain solely liable for receiving and/or payment of any as well as all Occupancy Taxes that is applicable to Accommodations in any area in which we have not given notice of, or are not facilitating the collection or remittance of Occupancy Taxes by collection and remittance, opt-in for Host remittance or any other means or method, in your area.
Thegoldenmoon using its sole decision holds the right to stop any facilitation of any collection and remittance of Occupancy Tax not considering its present and future methods for any reason or no reason at all, provided that it will give Hosts reasonable notification in any area in which it decides to stop any such facilitation.
12. Damage to Accommodation and Security Deposit
It is the Guest's responsibility to leave the Accommodation in the condition it was when he or she first arrived. You understand and in agreement that you (Guest) are solely liable for your own actions and mistakes. You will also be held responsible for any action or mistake committed by the person you invited and gave access to the Accommodation.
You consent to pay the cost of replacing the damaged items with equivalent items, in situations that a Host claims otherwise and gives evidence of damage, including but not restricted to photographs. The payment will be charged to and taken from the credit card on file in your Thegoldenmoon account after you have been notified of the claim and given forty-eight (48) hours to respond.
In situations where it has been confirmed a Guest actually damaged any Accommodation, Thegoldenmoon holds the right to charge the credit card on file in your Thegoldenmoon Account, or otherwise receive payment from you and pursue any avenues available to Thegoldenmoon in this regard, including using Security Deposits. You agree to remit payment for any damage to the Accommodation to the concerned Host or to Thegoldenmoon, if we are unable to charge the credit card on file or otherwise collect payment from you.
Both parties agree to collaborate with and assist Thegoldenmoon in good faith by providing Thegoldenmoon with needed information and also take actions as may be reasonably requested by Thegoldenmoon. In connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation or with respect to any inquiry embarked upon by Thegoldenmoon or a representative of Thegoldenmoon concerning the use or abuse of the Site, Application or the Services. As a Guest, upon Thegoldenmoon's reasonable request, and to the degree you are reasonably able to do so, you consent to partake in mediation or similar resolution process with a Host, at no cost whatsoever to you. This process will be conducted by Thegoldenmoon, a selected Third party or its insurer, with respect to losses for which the Host is requesting payment from Thegoldenmoon.
As a Guest, you understand and consent that any claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation, may be made by Thegoldenmoon. You also agree to collaborate with and aid Thegoldenmoon with good intentions, and to give it such information as may be reasonably asked for by Thegoldenmoon, in order to make a claim on your behalf including, but not restricted to, executing documents and taking such further acts as Thegoldenmoon may reasonably request in assisting it in accomplishing the foregoing.
13. Overstaying without the Host's Consent
Guests agree that an accepted reservation is just a license given by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed reservation and in line with the Guest's agreement with the Host. Guests are also in agreement to leave rented accommodation no later than the checkout time that the Host made known in the Listing or as agreed upon by both parties. Staying more than the agreed checkout time without the Host's permission implies losing the license to stay in the listing. Therefore, the Host is authorised to make the Guest leave.
Also, for each 24-hour period that the Guest stays over the agreed period without the Host's consent, he/she agrees to be charged Extra Nightly Fee; double of the average nightly Accommodation Fee originally paid for to cover the inconveniences suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave.
Guests also agree that Thegoldenmoon shall charge the Guest's credit card or other Payment Methods it has on file to collect these additional sums, in its role as a Limited Collection Agent for the Host. Also, Thegoldenmoon may recover any costs and expenses it incurs in getting the additional sums by charging the Guest's credit card or other Payment Method on file.
14. Foreign Currency
Bookings between Guests and Hosts who may wish to pay and to get payments in different currencies, which may need foreign currency conversions to accommodate these differing currency choices, is facilitated by Thegoldenmoon online Platform. Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs GB £100.00 to buy 113.50, the currency conversion rate of GB Pounds to Euros would be 1.135, and the currency conversion rate from Euros to GB Pounds would be 0.88. Currency conversion rates depend on many factors and will vary from time to time.
14.1 Important definitions
"Display Currency" implies the currency used by interested customers to view Listing prices on Thegoldenmoon site. It can be changed by Guests to enable them view a listing price in other supported currencies.
"Booking Currency" implies the currency used by a Guest to pay for his or her booking. Thegoldenmoon chooses the booking currency based on the Guest's country as well as the available Payment Methods in his country when the Guest submits a request to book. Only a specific number of currencies are supported by Thegoldenmoon as booking currencies. The appropriate Listing currency may sometimes be different from the booking currency.
"Listing Currency" implies the currency in which a Host sets his/her Listing price.
"Payout Currency" implies the currency in which a Host sets up his/her payout that will be made to him or her.
"Base Exchange Rate" means a system-wide rate that Thegoldenmoon uses for foreign currency conversion, which comes into at the time the foreign currency conversion is processed, and does not include any fee or mark-up by Thegoldenmoon. Thegoldenmoon establishes the Base Exchange rate using data from one or more Third parties such as OPENEXCHANGERATES (https://openexchangerates.org).
"Adjusted Exchange Rate" is calculated by adding a mark-up to the Base Exchange rate and it means a rate for the conversion of foreign currency. This mark-up signifies a charge levied by Thegoldenmoon for its holding costs and foreign currency risks.
14.2 Conversion of foreign currencies on TheGM Platform
The conversion of the foreign currencies will be processed by Thegoldenmoon in the following situations:
A. When a user views a Listing and the Display Currency is differing from the Listing Currency
In this case, the Total Fees will be calculated in the Display Currency, by using the Base Exchange Rate or the Adjusted Exchange Rate (valid at the time) to the Total Fees in the Listing Currency. Using the Adjusted Exchange Rate depends on whether it is different from the Listing Currency and if the Display Currency is a supported Booking Currency. If not, the Base Exchange Rate will be used.
B. When a Booking Request for a Listing is submitted by a Guest and The Booking Currency differs from the Listing Currency
In this case, TheGM will calculate the Total Fee in the Booking Currency, doing so by applying the Base Exchange Rate or the Adjusted Exchange Rate (valid at the time) to the Total Fees in the Listing Currency.
Doing this means the Guest can see the actual exchange rate applied. Using the Accommodation Fees in the Booking Currency as a base, the Guest Fee, which is a percentage of the related Accommodation Fees, will be calculated (meaning, after conversion from the Listing Currency). The Adjusted Exchange Rate will be used only if the Display Currency is the same as the Booking Currency, and it differ from the Listing Currency for the Listing. Else, the Base Exchange Rate will be applied.
C. The foreign currency conversion for any additional payments required of the Guest or any refund to the Guest will be processed at the same rate as applied to the earlier payment by the Guest if an already accepted booking has been modified or cancelled and a foreign currency conversion had already been done at the time of booking submission.
D. When Thegoldenmoon initiates a payout and the Payout Currency differs from the Listing Currency
In this case, the payout to you (as a Host) will be calculated, by using the Base Exchange Rate (valid at the time Thegoldenmoon starts the payout) to the Accommodation Fees (which is less Thegoldenmoon's Host Fees and any applicable Taxes in respect of this Host Fees), in the Listing Currency. You (as a Host) will be able to see the Actual Exchange Rate applied in your Transaction History in the Site and/or Application. In some cases where the Payout Method selected by the Host involves certain Third-party payment processors, (a) Thegoldenmoon will send the payout amount to the processor in a major currency (e.g. GB Pounds), by applying the relevant Base Exchange Rate for the Listing Currency to that major currency, (b) the Host will be able to view the payout amount sent by Thegoldenmoon in that major currency in his or her Transaction History in the Site or Application, and (c) the processor will calculate the actual payout to the Host by applying its own foreign
currency conversion rate for that major currency to the Payout Currency.
The submission of a Booking Request for a Listing enables a Guest to see the actual Exchange Rate used to calculate the Total Fees in the Booking Currency. The Guest will also see the mark-up included in the rate in areas where the Adjusted Exchange Rate is applied. The billing receipt for your booking will also state the Actual Exchange Rate (and any mark-up included in the rate).
Also, the Base Exchange Rate is updated on a regular basis, but not on a real-time basis by Thegoldenmoon. Specifically, the changing of the Base Exchange Rate is not carried out immediately by Thegoldenmoon. Thus, the Base Exchange Rate and the applicable market rate in effect may not be identical at the specific time a foreign currency conversion is processed.
You must take note at this point that your payment company will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Likewise, Third-Party payment processors may also use a currency conversion rate for or levy a currency conversion fee on your payment or payout. Thegoldenmoon does not control or know all of these currency conversion rates and fees.
More details regarding currency conversion are detailed in TheGM Payment Terms
15. User Conduct
You comprehend and accept that you are solely liable for complying with any as well as all laws, rules, regulations and tax duties applying to using the Site, Application, or Service and Collective Content. As far as using TheGM Site, Application, or Services and Collective Content are concerned; you are in agreement that you will/may not:
15.1 Defy any local, state, provincial, national, or other law or any order of a court, including: zoning restrictions and tax related rules
15.2 Employ the use of either manual or automated software, devices, scripts, robots, backdoors or other related means to access, "scrape," "crawl" or "spider" any web pages or other services as we have them in the Site, Application, Services or Collective Content
15.4 Use the Site and other components for any commercial/other purposes disallowed by our Terms
15.5 Copy, save or use/access any information found on the Site, Application, Service or Collective Content for disallowed purposes by our Terms
15.6 Encroach on the rights of any person/entity such as their intellectual property, privacy, publicity or contractual rights
15.7 Interfere with or cause damage to our Site and other related aspects through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar method/technology
15.8 Use this Site and its components for transmitting, distributing, posting or submitting any detail about any other person or entity such as photographs of others without their consent, personal contact information or credit/debit/calling card or account numbers
15.9 Use this Site and other components in supplying unsolicited commercial emails ("spam") or advertisements unrelated to staying in a private residence
15.10 Stalk/pester other users of this site and its other components to either collect or save any personally identifiable information about any other Member apart from the primary aims of business transaction between Thegoldenmoon's parties
15.11 Offer any Accommodation that does not belong to you or of which you are not authorized to rent out as residential or other property as a Host. You must not also list any Accommodation here if you are a rental/listing agent for a Third Party
15.12 Offer any Accommodation not supposed to be rented or subleased pursuant to the Terms and conditions of an agreement with a Third Party such as a property rental agreement
15.13 Register multiple accounts or register any on behalf of another person instead of yourself here
15.14 Unless otherwise stated by Thegoldenmoon, request/book a stay at any Accommodation for which you will not actually be staying yourself
15.15 Contact a Host for purposes other than asking a question related to a booking such as a Host's Accommodations/Listings
15.16 Contact a Guest for any purpose other than asking a question associated to a Booking or such Guest's use of this Site and other components
15.17 Recruit/lobby any Host/other Member to join Third-Party Services or Websites, which are competitive to Thegoldenmoon, without Thegoldenmoon's erstwhile written approval
15.18 Impersonate any person/entity by fabricating or misrepresenting yourself/your association with any person/entity
15.19 Use automated scripts to gather details from the Site, Application, Service or Collective Content
15.20 Use the Site and its components to look for either a Host or Guest and then complete Accommodation Booking independent of the Site and other of its components in order to sidestep the requirement of paying related Service Fees to Thegoldenmoon's provision of the Services or for any other reasons
15.21 As a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor
15.22 Post/upload/publish/submit/transmit any content that:
(a) trespasses, misappropriates or infringes on a Third Party's patent/copyright
(b) trademark/trade secret/moral rights/ or other rights; publicly or privacy
(b)violates, or reassures any conduct that would violate any applicable law/regulation or would give rise to civil liability
(c) is fabricated, false, misleading or deceptive
(d) is slanderous, obscene, pornographic, vulgar or offensive
(e) promotes favoritism, prejudice, racism, animosity, harassment or harm against any individual or group
(f) is violent/intimidating/ supports violence or actions that are threatening to any other person
(g) promotes illegal or harmful activities/substances
15.23 Systematically retrieve data or other contents from our Site and other related components to create/compile; directly or indirectly, in single or multiple downloads, a collection/compilation, database, directory or the like, whether by manual methods through the use of bots/crawlers/spiders among others
15.24 Use, display, mirror or frame this Site and other related components, Thegoldenmoon's name, any Thegoldenmoon Trademark, Logo or other proprietary information or the layout and design of any page/form contained on a page in this site and other components without Thegoldenmoon's express written consent
15.25 Access, tamper with or use non-public areas of this Site and its other areas, Thegoldenmoon's computer systems, or the technical delivery systems of Thegoldenmoon's providers
15.26 Attempt to probe, scan or test the weakness of any Thegoldenmoon system/network or breach any security/authentication measures
15.27 Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure put in place by Thegoldenmoon/any of Thegoldenmoon's providers/any other Third Party to protect this Site as well as other components
15.28 Forge any TCP/IP packet header or any part of the header details in any email or newsgroup posting, or in any way use this Site and other joint components to send altered/deceptive/false source-identifying details
15.29 Attempt to decipher/decompile/disassemble or reverse engineer any of the software used in setting up this site and other components
15.30 Support, boost, or assist any Third Party in doing any of the foregoing.
15.31 Receive or make a payment for Accommodation Fees outside Thegoldenmoon. If you do so, you admit and agree that you: (a) would be violating these terms; (b) accept all risks and responsibility for such payment and (c) hold Thegoldenmoon harmless and guiltless from being held responsible for such payment.
Thegoldenmoon holds the right to examine and indict violations of any of the above given Terms in full compliance of the Law.
Thegoldenmoon has the right to either access, keep and make known any of your details if we are mandated to do so by Law, or if we believe in good faith that it is absolutely necessary to:
A. Answer claims declared against Thegoldenmoon or to comply with legal process such as subpoenas or warrants
B. Enforce or administer our agreements with users such as these Terms
C. For fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes
D. Protect the rights, property or safety of Thegoldenmoon, its users, or embers of the public.
You are in full agreement that Thegoldenmoon has no responsibility or special duty to monitor your access to or use of the Site, Application, Service or Collective Content or to review or edit any Member Content. Thegoldenmoon only has the responsibility to monitor your access to or use of the Site, Application, Service or Collective Content for the purpose of operating and improving this Site, Application and Services such as during fraud prevention, risk assessment, investigation and customer support purposes though not limited to these alone.
This is done to ensure your compliance with these Terms, to comply with applicable Law or the order or requirement of a Court, Administrative Agency or other governmental body. It is also done to make you respond to content that it determines is otherwise objectionable or as clearly stated in these Terms. Thegoldenmoon holds the sole right, without anyone challenging such rights, at any time and without previous notice, to remove or restrict access to any Collective Content that Thegoldenmoon, at its sole judgment, considers to be disagreeable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Service.
Thegoldenmoon Site, its Collective Content, Applications and Services are protected by Copyright Laws of the United Kingdom and other countries. You are therefore in full agreement that all associated Intellectual Property belong exclusively to Thegoldenmoon and its licensors. You are not permitted to change or remove any Trademark, Service Mark or other proprietary rights notices and copyrighted materials incorporated on our Site.
18. Additional Terms
19. Application License
Furthermore, concerning any application gotten from App Store, you are to use such application in the following way:
a) Use on an Apple-branded product compliant with iOS (Apple's proprietary operating system)
b) Abide by the "Usage Rules" stated in the Apple App Store's Terms of Service.
All other rights not explicitly stated are reserved by Thegoldenmoon.
20. Thegoldenmoon Content and Member Content License
By your use of this Site and compliance with Thegoldenmoon's Terms, you are:
a) Granted a limited, non-exclusive and non-transferable license, to access and view any Thegoldenmoon Content solely for your personal and or non-commercial purposes.
b) Permitted to view any Member Content which you are allowed to access, solely for your personal and non-commercial purposes.
You, however, do not possess the right to sublicense the rights granted in this section.
You also agree not to use, copy, adopt, modify, transfer, publicly display, publicly perform, transmit, broadcast and exploit the Site, its Services and its Content except as expressly permitted in these Terms.
Thegoldenmoon or its licensors do not grant you any license or right, overtly or covertly, other than the ones expressly granted in these Terms.
21. Member Content
Any material and content which you are permitted (based on our discretion) to provide on or through Thegoldenmoon Site will be considered to be non-confidential and non-proprietary and we reserve the right to utilize such materials for any purpose without compensation to you.
For the sake of clarity, such Member Content may be adapted, modified, broadcast, publicly displayed, sub-licensed, transferred, sold, distributed or used to promote our Site, Application or Service.
As a Member, you admit sole responsibility for all content you provide through the Site, Application or Service. By implication you agree to the following:
B. Your Member Content and submissions as well as Thegoldenmoon's use of Member Content on the Site does not violate a Third Party's patent, copyright, trademark, trade secret, moral rights or other proprietary or IP rights, or rights of publicity or privacy, or result in the violation of any applicable Law or regulation.
On Thegoldenmoon Site, you may find links to other sites and resources; however, we will not be liable for the accessibility and accuracy of contents on such websites as we do not endorse any product or content from such Third Party sites. You are solely responsible for the risks encountered in the use of the products on websites whose links are on our Site.
23. Proprietary Rights Notices
This Site contains customized Trademarks, Service Marks, Logos, Trade Names and other proprietary labels of Thegoldenmoon. Every other trademark, service marks, logos, trade names and proprietary designations are belonging to the parties who own them.
Thegoldenmoon welcomes your constructive feedback on its Services and Application and you may submit such feedback via email (firstname.lastname@example.org) or through the 'Contact' link on our website.
However, all feedback you send remains the exclusive property of Thegoldenmoon as you agree to waive any moral rights you may have in such Feedback and permanently assign to us all of your right, title, and interest in and to all feedback which includes all patent copyright, trade secret, moral and other proprietary or IP rights therein.
At our request and expense, you agree to present documents and do whatever is required to assist Thegoldenmoon maintain its IP rights and other legal protections for the Feedback.
25. Copyright Policy
As an organization, Thegoldenmoon has deep respect for copyright laws. We therefore expect our users to accord same respect to such laws in any form they exist. Please note that we will not hesitate to delete TheGM's Account of any Member who is found guilty of copyright violation. You may check Thegoldenmoon's Copyright Policy for further information.
26. Suspension, Termination and Cancellation of Thegoldenmoon Account
Thegoldenmoon reserves the right to terminate, suspend and cancel your Account at any point in time, whether or not you get a prior notice or whether there is a reason or not.
When this happens, please take note that with or without prior notice:
26.1 Your Password will be disabled and Account deleted.
26.2 You are prevented from gaining access to the Website or any of its Services, including Customer Service.
26.3 Furthermore, every bookings (pending or accepted) on your Account whether as the Host or Guest is dismissed.
26.4 We may decide to inform your Guests or Hosts of the cancellation of their Bookings.
26.5 We may make refunds in full or otherwise of confirmed reservations irrespective of existing Cancellation Policy.
26.6 We might contact your Guest as well as provide Alternative Accommodations for them from other existing Hosts on the Site.
26.7 You will not be eligible for any reimbursement for reservations that were cancelled as a result of your Account deactivation.
You are also at liberty to opt out and cancel your Account via the Cancel Account link on the Site or by sending an email to our Customer Service. However, once your Account is cancelled, you forfeit your Content, Reviews and Feedback etc. and we are not obliged to restore such.
This disclaimer shall govern your use of Thegoldenmoon Site, Service, or Applications and participation in the referral program (if any) and by using our Site; you accept it in full and do so at your risk.
Subject to the express provisions of this disclaimer:
27.1 You agree that Thegoldenmoon is not obliged to carry out background checks on any Member including Guests and Hosts but may choose to conduct such if we so desire.
27.2 Thegoldenmoon Site, Applications, Collective Content and Referral programs (if any) have no hidden warranty and we will not be held liable for any warranties arising out of the usage of trade.
27.3 On the part of Thegoldenmoon, there is no warranty that Service, Collective Content, Accommodations, Listings and Referral Program (if any) will be available always, safe or suit your taste.
27.4 Thegoldenmoon does not make any warranty in respect of the accuracy, dependability, excellence and quality of Applications, Accommodations, Listings, Hosts, Guests, Services, Referral programs (if any) and Collective Contents obtained through our Site.
27.5 Any other information and advice (verbal or documented) gotten through Thegoldenmoon Site, Applications or Service shall not create any warranty not stated in this disclaimer.
27.6 As a user of our Site, your dealings and interactions with other users (Hosts and Guests) of Thegoldenmoon Site and its other Services are entirely your choice as we do not make efforts to authenticate or review users' declarations.
27.7 You are in agreement that you will take the necessary safety measures in your communications and dealings with other users of the Applications, Sites and Services especially if you choose to arrange a meeting in a physical location, whether or not such meetings are facilitated by Thegoldenmoon.
27.8 Thegoldenmoon is indemnified against any liability or loss arising from any act of Omission arising from accepting Payments on behalf of Hosts from Guests.
27.9 Thegoldenmoon will not be held responsible for the conduct of Site users (current and future) and the manner in which they use application or Services.
28. Limitation of Liability
YOU ARE IN FULL AGREEMENT AND ALSO ACKNOWLEDGE THAT, IN ACCORDANCE TO THE DEGREE OF PERMISSION BY LAW, ALL ASSOCIATED RISK TO ACCESSING THIS SITE APPLICATION AND OTHER COMPONENTS, USERS' LISTING/BOOKING OF ACCOMMODATIONS THROUGH THIS SITE AND OTHER ASSOCIATING MEANS, INVOLVEMENT IN ITS REFERRAL PROGRAM (IF ANY) AS WELL AS CONTACT DETAILS (ONLINE/PERSON) OF OTHER THEGOLDENMOON'S USERS REMAINS WITH YOU. NEITHER INVOLVED PARTIES NOR THEGOLDENMOON'S INVOLVEMENT IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITE AND ITS COMPONENTS OR THE REFERRAL PROGRAM WILL BE HELD RESPONSIBLE FOR EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THESE INCLUDE LOSS OF DATA/GOODWILL, LOST PROFITS, COMPUTER DAMAGE/SYSTEM FAILURE, SERVICE INTERRUPTION, EMOTIONAL DISTRESS, DAMAGES FOR PERSONAL/BODILY INJURY ARISING FROM OR IN RELATION WITH THESE STATED TERMS. FROM YOUR USE AND INABILITY TO EFFECTIVELY USE THE SITE AND ITS RELATED PARTS THROUGH COMMUNICATIONS, MEETINGS WITH OTHER USERS AS WELL AS OTHER INDIVIDUALS YOU INTERACT WITH THROUGH THIS SITE AND ITS COMPONENTS (INCLUDING THE REFERRAL PROGRAM IF ANY), THE LIABILITY REMAINS WITH YOU AS THE USER OF THE SITE AND OTHER COMPONENTS EITHER THEGOLDENMOON IS AWARE OF SUCH DAMAGES OR NOT.
THE EXCEPTION COMES FROM OUR DUTIES TO PAY CERTAIN AMOUNTS TO RELATED HOSTS IN RELATION TO THESE STATED TERMS OR PAYMENT APPROVAL REQUEST IN LINE WITH THEGOLDENMOON HOST GUARANTEE. UNDER NO CONDITION WILL THEGOLDENMOON'S COLLECTIVE LIABILITY ARISING FROM OR IN RELATION WITH THESE STATED TERMS AND THE SITE USE BY ITS USERS SUCH AS, THOUGH NOT RESTRICTED TO, LISTING/BOOKING OF ACCOMMODATION THROUGH THE SITE AND ITS COMPONENTS GO BEYOND THE AMOUNTS YOU PAID/OWED FOR BOOKINGS THROUGH THE SITE AND ITS OTHER COMPONENTS. IN THE 12 MONTHS PERIOD BEFORE THE SITUATION LEADING TO THE LIABILITY AS A GUEST, OR AS HOSTS, THE SUM OF MONEY PAID TO YOU BY THEGOLDENMOON WITHIN THE 12 MONTHS BEFORE THE SITUATION LEADING TO THE LIABILITY OR £100, IF THERE HAS NOT BEEN SUCH APPLICABLE PRIOR PAYMENT. THESE STATED LIMITATIONS ARE THE FUNDAMENTAL INGREDIENTS FORMING THE BASIS OF THE TRANSACTION BETWEEN THE SITE USER AND THEGOLDENMOON. THE ABOVE MENTIONED LIMITATIONS MAY NOT AFFECT YOU BECAUSE THERE ARE ASPECTS THAT DO NOT PERMIT THE LIMITATION/EXCLUSION OF LIABILITY FOR INCIDENTAL/CONSEQUENTIAL DAMAGES.
As a user, you are in agreement to defending, releasing and holding Thegoldenmoon, its affiliates, subsidiaries as well as their officers, employees, directors, agents, harmless against and from any damages, losses, expenses, claims and liabilities with and not restricted to accounting and legal fees resulting from and in connection with
29.1 Access and use of Site and components and breaking of these stated Terms
29.2 Member content
29.3 Your interaction with any Member, Accommodation Booking, Listing, use, condition Accommodation rented including but not restricted to injuries, damages or losses of any kind arising from the connection with Rental, Booking or Accommodation use
29.4 Users' participation in the Referral Programs (if any)
30. Reporting Misconduct
If you host or stay with anyone acting questioningly such as but not restricted to those
30.1 Engaging in violent, sexually, offensive act
30.2 Suspected of stealing
30.3 Engaging in disturbing conduct
You are to report them to appropriate authorities immediately and also to contact Thegoldenmoon with report number and police station being used as long as your report will not make us take actions outside the requirement of the Law or lead to being liable to you.
31. Entire Agreement
These stated Terms make up the entire and complete agreement between Thegoldenmoon and Site Users with respect to the Site, its other components and activities. These Terms are above and take the place of other previously written or oral agreements between users and Thegoldenmoon with respect to Accommodation, Listing and booking through the Site and its components.
These Terms should not be transferred or assigned by the operation of Law or any other means without the written permission from Thegoldenmoon. Such transfer or assignment without the express permission of Thegoldenmoon will not be effective. However, Thegoldenmoon can go ahead with such transfer as it deems it fit without any limitation. In line with the foregoing, these stated Terms is binding and inuring to the advantage of involved parties; their successors and those to whom it is rightfully assigned.
Permitted Notices, other forms of communications as well as modifications to these Terms will be given by Thegoldenmoon in writing:
33.1 Through email or provided address
33.2 By post on the Site or through the Application. The date on which users receive email notification will be considered the date of notice transferred.
34. Controlling Law and Jurisdiction
The interpretation of these Terms will be according to English Law. Thegoldenmoon and users agree to be subject to the non-exclusive control of English Courts for conflict resolution between concerned parties. However, for law enforcement against users by Thegoldenmoon, it can be done in either English Courts or those within your country of residence.
The inability of Thegoldenmoon to enforce a particular right or related Terms as stated here when there is violation does not imply such will be overlooked next time or for future recurrence. Waiver of such rights and other provisions can only be effected it is duly written and signed by an approved authority or Thegoldenmoon's representative. Except as explicitly stated in these Terms, any exercise relating to these Terms by either the Host or Guest regarding its remedies, will be done without any form of prejudice to its other remedies under the stated Terms. In a situation where a competent Court or an arbitrator from a reliable jurisdiction declares these Terms and conditions unenforceable or invalid, such a provision will be enforced to permissible level while the other provisions of the stated Terms will continue to be in full effect.
36. Third Party beneficiary
These Terms are solely for those parties involved in transaction with Thegoldenmoon and not meant to be used in conferring any form of right or remedy upon any other person. However, parties involved are in agreement that the payment card networks are regarded as Third Party beneficiaries of these stated Terms with the intention of enforcing payment related provisions. Notwithstanding, this Third Party agreement or consent will not be sought for when modifications and relevant changes will be made to these stated Terms
5 Jackson Court,
314 Romford Road
London, United Kingdom