Host Terms and Conditions
DLOOP EMPEIRIA Private Limited (hereafter referred to as “DLOOP”, “we”, “us”, or “our”) provides an online platform that connects hosts/owners/operators of homestay accommodations (“Host Family”) with guests seeking to rent or occupy such accommodations exclusive and/or inclusive of the booking of an experience, which Services are accessible at http://www.tetamoo.com and other any other websites through which DLOOP makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”).
DLOOP shall provide the Services to the person or persons registered (at any time) with the Site to provide Hosted Accommodation (as defined below) to Guests and to enable them to upload the Host Content (as defined below) to the Site and to manage such content. The property or properties made available by a Host Family may then be viewed and booked by a person who views pages and who may make a booking of Accommodation directly through the Site (“Guest”).
By using this website you agree to be bound by the Terms. If you do not agree, do not click the accept box during registration and discontinue using the site. Please print a copy of these Terms for your records.
The site, application and services comprise an online platform through which host family (defined below) may create listings (defined below) for hosted accommodations (defined below) and guests (defined below) may learn about and book accommodations exclusive or inclusive of an experience(s) listed on the site. You understand and agree that DLOOP is not a party to any agreements entered into between host family and guests, nor is DLOOP a real estate broker, agent or insurer. DLOOP has no control over the conduct of host family, guests and other users of the site, application and services or any accommodations, and disclaims all liability in this regard.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Content.
You acknowledge and agree that, by accessing or using the site, application or services or by downloading or posting any content from or on the site, via the application or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the site and application. If you do not agree to these terms, then you have no right to access or use the site, application, services, or content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
In order to access certain features of the Site and Application, and to book a Hosted Accommodation or create a Listing, you must register to create an account (“Member Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
DEFINITION OF KEY TERMS
In this Agreement the following words and expressions shall have the following meanings, unless the context otherwise requires:
“Accommodation” means the property or properties made available by a Host Family.
“Booking” means the booking of an Accommodation by a Guest with a Host Family. This can be either an instant booking into real time availability or a request booking where the Host Family has confirmed their availability for specific dates requested.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials of whatever nature.
“Guest” means a person who views pages and may make a booking of an Accommodation via the Site, Application or Services, or a person who stays at a Hosted Accommodation and is not the Host Family for such Accommodation.
“Listing” means an Accommodation that is listed by a Host as available for booking via the Site, Application, and Services.
“Member” means a person who completes DLOOP’s account registration process, including, but not limited to Host Family and Guests, as described under “Account Registration” below.
Member Account: a Host Family’s account and having an individual user name and password and “My Account” shall be interpreted accordingly.
In this Agreement the following are the general terms and conditions pertaining to the use of the Site
“Bookings” means a Booking of Accommodation by any person via the Site, Application and Services.
“DLOOP Host Database System” means the manual system which records all the information and data provided by the Host Family to DLOOP to enable them to manage the room & house descriptions, photos, videos, available rooms and Bookings.
“Host Family” means a person or persons that is (living in the Accommodation available to Guests at any time) registered with the Site to provide in-home Accommodation to Guests.
“Host Family Info” means all information which includes but not limited to room rates and review, and/or Content provided by the Host Family, including but not limited to the description provided by a Host Family of itself, descriptions of the Accommodation and any related facilities, photographs and videos, which may include Host profile picture, exterior photo and Accommodation bedroom(s), maps, directions and contact details.
“DLOOP Host Database System” means the database software used to collect and maintain all the data and information submitted by the Host Family including but not limited to the room & house descriptions, photos, videos, available rooms, Bookings, and communications with the Site.
“Intellectual Property Rights” means all intellectual property rights, including patents, (including utility models and inventions), trademarks (including service marks, trade names and business names), design rights, copyright and related rights (including but not limited to rights in respect of software), internet designations (including domain names), moral rights and database rights, (whether or not any of these is registered and including any application for registration of any such rights), know-how, confidential information and trade secrets for the full term of such rights and including any extension to or renewal of the terms of such rights and all rights or forms of protection of a similar nature or having similar effect to any of these which may exist anywhere in the world.
“Registration Details” means the registration information required of a Host Family in order to be eligible and accepted into the Site’s network of Host Families which includes but not limited to Accommodation description, location, room details, room prices (inclusive of any applicable local taxes and charges, the remittance of which to the appropriate authority is the responsibility of the Host Family), Host Family Info, amenities and Verification Documentation if submitted.
“Verification Documents” means the submission of at least two forms of personal identification by the Host Family in order to further verify the information and confirm their Listings.
Terms (or “this Agreement”)” means these terms and conditions of business, as amended or replaced from time to time; Website Content: any Content appearing on the Site, the Application or made available through the Services, including any Content licensed from a third party, excluding Host Family Info.
The Site, Application and Services are intended solely for persons booking who are 18 years or older and the Guests must represent and warrant that at least one person within the party booking is aged 18 years or older. Any access to or use of the Site, Application or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are over 18 years of age. You agree to only accommodate Guests who are 18 years or older. You may only accommodate Guests under 18 years old if an adult stays in the homestay with the minor for the duration of the booking.
DLOOP, as stated above, offers a platform or marketplace with related technology for Guests and Hosts to engage online and arrange for bookings of Hosted Accommodations. We are not an owner or operator of properties, including, but not limited to, homestays, guesthouses, bed and breakfast, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, homestays, guesthouses, bed and breakfast, motel rooms, other lodgings or Accommodations and DLOOP does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, homestays, guesthouses, bed and breakfast, motel rooms, other lodgings or Accommodations or transportation or travel services. DLOOP’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited agent of each Host Family for the purpose of accepting payments from Guests on behalf of the Host.
HOW THE SITE, APPLICATION AND SERVICES WORK
The Site, Application and Services can be used to facilitate the listing and booking of non-hosted properties (“Accommodations”). Such Accommodations are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create a Member Account.
Please note that, as stated above, the site, application and services are intended to be used to facilitate the booking of hosted and non-hosted accommodations. DLOOP cannot and does not control the content contained in any listings and the condition, legality or suitability of any accommodations. We are not responsible for and disclaim any and all liability related to any and all listings and accommodations. Accordingly, any bookings will be made at the guest’s own risk.
HOST FAMILY REGISTRATION
The Host Family can register their Accommodation via two channels, (i) via online registration through the Site and/or (ii) receipt of an email invitation from DLOOP inviting the Host Family to join the Site with the purpose of promoting, marketing and selling their Accommodation. The Host Family is required to submit the required Registration Details either via online form or email to DLOOP. The Host Family accepts the terms that allow DLOOP to review their request before it is uploaded on the Site, Application and Services. DLOOP may decide to edit the Listing as part of the review process, any material edits outside of grammar, spelling, punctuation updates will be notified to the Host Family prior to activation. The Host Family is required to submit the Verification Documentation to DLOOP via email or fax if there is a need to get additional verification but this is not mandatory.
Guests are required to create a Member Account in order to access certain parts of the Site, Application and Services and to make bookings for Hosted Accommodations and Non-Hosted Accommodation, and create a Listing. Registration can be performed directly on the Site or Application or by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below.
By using the Site, Application and Services, you acknowledge that you are entitled to disclose your Third Party Account login information to DLOOP and/or grant DLOOP access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating DLOOP to pay any fees or making DLOOP subject to any usage limitations imposed by such third party service providers.
By giving permission to DLOOP access to any Third Party Accounts, you understand that DLOOP will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Member Account and Member Account profile page.
You have the capacity to disable the connection between your Member Account and your Third Party Accounts, at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. DLOOP makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and DLOOP is not responsible for any SNS Content.
You are not allowed to have more than one (1) active Member Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. If you create more than one (1) Member Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete, DLOOP reserves the right to suspend or terminate your Member Account and your access to the Site, Application and Services. You are responsible for safeguarding your password. You acknowledge that you are responsible to keep your password safe and secure, and will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Member Account, whether or not you have authorized such activities or actions. You will immediately notify DLOOP of any unauthorized use of your Member Account.
In order to be featured in Listings via the Site, Application and Services, the Host Family must have valid physical addresses of the Accommodations. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Hosted Accommodation via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that the price for such booking may not be altered once a Guest requests a booking of your Hosted Accommodation.
The Host Family is responsible for the accurate submission of all Host Family Info to DLOOP Host Database System. The Host Family is responsible for updating and maintaining all information in respect of its Accommodation and Listing, including the property description and Accommodation availability and room rate prices, through DLOOP Host Database System and for any data entry errors which may arise in respect of the description of Accommodation (whether in respect of facilities, location or otherwise) and/or availability and room rate prices. This responsibility includes ensuring that correct up to date availability (if the Host Family has chosen to receive instant Bookings through the Site, Application and Services) and pricing is displayed for all periods, including without limitation for special events and busy periods. The Host Family may include other information or rules and regulations within their listing, house rules must not contravene any terms and conditions of the Site and Services.
The Host Family is responsible for any and all information posted on the Site. Accordingly, the Host Family warrants that any Listing posted and the booking of, or Guest stay (i) will not breach any agreements they have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that DLOOP assumes no responsibility for a Host Family’s compliance with any applicable laws, rules and regulations. DLOOP reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that DLOOP, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
DLOOP shall bear no responsibility for the organization, operation, administration of any aspect of the Accommodation, all of which shall be the sole responsibility of the Host Family, and DLOOP expressly disclaims any and all responsibility in this regard.
The Host Family warrants that all insurances as may be necessary, prudent or required under law in connection with provision of Accommodation in connection with this Agreement, including without limitation public liability insurance, are in place, valid and binding and undertake that such insurances will be maintained for the duration of this Agreement.
You understand and agree that DLOOP does not act as an insurer or as a contracting agent for you as a Host. If a Guest requests a booking of your Hosted Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and DLOOP is not a party thereto. Notwithstanding the foregoing, DLOOP serves as the limited authorized agent of the Host Family for the purpose of accepting payments from Guests on behalf of the Host Family and is responsible for transmitting such payments to the Host Family.
The Host Family is solely responsible for the collection and/or payment of all or any taxes, levies and charges, of whatever kind and wherever due, that may arise as a consequence of Bookings made with you and/or the provision of Accommodation by you.
You agree to hold harmless and indemnify DLOOP and its subsidiaries, affiliates, officers, agents and employees, from and against any claim, liabilities, damages, losses and/or expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your failure to lawfully collect and/or discharge any taxes, levies, and that may arise as a consequence of Bookings made with you and/or the provision of Accommodation by you.
Bookings can be made directly on the Site, Application or Services by selecting the Hosted Accommodation, exclusive or inclusive of a booking of an Experience. Guests must make the full payment payable to DLOOPO online via the payment gateway assigned by DLOOP. The Host Family/Owner/Operator of the Hosted Accommodation must acknowledge the booking via an email confirmation to DLOOP within 24 hours of receiving the booking notification. Bookings processed directly on the Site, Application or Services, are either confirmed online instant Bookings made in real time or confirmed online request bookings made by the Guests once the Host Family has confirmed their availability.
The Host Family agrees to keep their availability calendar up to date at all times for bookings made by the Guests in real-time. Where Bookings are made by the Guests on a request basis, the Host Family agrees to respond promptly to all requests and accept the requests when available to enable DLOOP to confirm the bookings via an email confirmation to the Guests and to then proceed with the Booking online through the Site, Application or Services. The Host Family agrees to honor all Bookings for the dates, room rate prices and room types as booked by the Guests through the Site, Application or Services.
Any feedback, queries, alerts and messages in relation to each booking received by DLOOP and transmitted to the Host Family must be responded in a timely manner. The Host Family shall respond in a timely manner any feedback, queries, alerts and messages in relation to each booking communicated by the Guests through (i) the ‘Query’ button on the profile page of the Hosted Accommodation
(ii) to acknowledge all Bookings received through the Site, Application and Services when notified by email, telephone and/or SMS (text) message of a new Booking so as to enable the Guests to avail of the Accommodation booked.
The Bookings made through DLOOP’s Site, Application and Services are agreements between the Host Family and Guests. DLOOP shall bear no responsibility for the compliance by the Host Family and/or Guests with the terms of any bookings and DLOOP disclaims all liability in this regard.
In the event of a dispute, DLOOP will endeavor to do its best to co-operate with the Host Family to resolve any issues arising with respect to any Bookings with the utmost urgency and care. If the Host Family decides to cancel the bookings, DLOOP should be notified directly. In the event of any other issue arising with respect to any Booking, the Host Family should also inform DLOOP which will liaise directly with the Guests.
In a situation where the Host Family cancels a Booking, the Host Family must immediately inform DLOOPO directly of the cancellations and the reason as to why the Booking cannot be honored. Frequent failure to honor the Bookings may result in the Host Family being penalized through (i) deactivation of listing, (ii) negative ranking and (iii) negative review posted on the Site. The payment collected by DLOOP through the Site, Application and Services will be refunded in full to the Guests.
If the Guests has made full payment for the Hosted Accommodation owed directly to DLOOP and the Guests then cancels the Booking at least 7 days in advance to the arrival time and date, DLOOP shall issue a full refund all amounts received to the Guests within 14 days. If the Guests has paid full payment for the Hosted Accommodation owed directly to the Host Family in advance of the Customer’s arrival and the Customer cancels the Booking less than DLOOP 7 days prior to the arrival time and date, the Guests will not be entitled to any refund amounts paid to DLOOP. DLOOP has no control over Bookings or cancellations of Bookings and disclaims all liability in this regard.
For the purpose of this section, a day begins at 00.01 a.m. and ends at 12 midnight, in the time zone where the Hosted Accommodation is located.
HOST FAMILY INFO
You hereby grant to DLOOP a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view and otherwise exploit such Host Family Info on, through or by means of the Site, Application and Services or any other means when you list your Hosted Accommodation and submitting the Host Family Info to DLOOP.
We do not claim any ownership rights in any such Host Family Info and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Host Family Info. You represent and warrant that you either are the sole and exclusive owner of all Host Family Info or you have all rights, licenses, consents and releases that are necessary to grant to us the license in such Host Family Info, as provided under these Terms. You represent and warrant that the use of the Host Family Info by you, on, through or by means of the Site, Application and Services will not infringe, misappropriate or violate a third party’s Intellectual property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You represent and warrant that all Host Family Info is true and accurate and not misleading in any respects. DLOOP reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that we, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. In such circumstances the Host Family will be deemed in breach of these Terms and may be permanently removed from the Listings.
In the event the Guests provide a review following a stay at the Hosted Accommodation, DLOOP may include this review on the Sites, Application and Services. We reserves the right to use such reviews at our discretion, for marketing, promotion or improvement of service. We reserves the right to refuse, edit or remove reviews at our sole discretion.
DLOOP AS PAYMENT AGENT FOR HOST FAMILY
Each Host Family hereby appoints DLOOP as the Host Family’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Host Family. Each Host Family agrees that payment made by a Guest to DLOOP shall be considered the same as a payment made directly to the Host Family and the Host Family will make the Hosted Accommodation available to Guests in the agreed upon manner as if the Host Family has received the Accommodation Fees.
The Host Family acknowledges that, DLOOP may, in accordance with the cancellation policy (i) permits the Guests to cancel the booking and (ii) refund to the Guests that portion of the Accommodation Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Host Family, DLOOP assumes no liability for any acts or omissions of the Host Family.
Currently, DLOO does not collect fees for the creation of Listings. However, you acknowledge and agree that DLOOP reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Prior to implementing such a Listing fee feature, you will be duly informed of any Listing via the Site, Application and Services.
In consideration for providing the Services, DLOOP collects service fees from the Hosts (“Service Fees”) which is a fee that is charged to the host based upon a percentage of the amount of the Accommodation Fees (“Host Fees”). Where applicable, Taxes may also be charged in addition to the Host Fees. Host Fees are deducted from the Accommodation Fees before remitting the Accommodation Fees to the Host, within 24 hours of when the Traveller arrives at the applicable Accommodation.
Balances will be remitted by DLOOP to Hosts via check, PayPal, direct deposit or other payment methods described on the Site in the Host’s currency of choice, depending upon the selections the Host makes via the Site and Services. Please note that for any payments by DLOOP in currencies other than Ringgit Malaysia (RM), DLOOP may deduct foreign currency processing costs from such payments. The Service Fees are non-refundable except as otherwise provided herein.
DLOOP CONTENT AND MEMBER CONTENT LICENSE
Subject to your compliance with the terms and conditions of these Terms, DLOOP grants you a limited, non-exclusive, non-transferable license, to (i) access and view any DLOOP Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You acknowledge that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DLOOP or its licensors, except for the licenses and rights expressly granted in these Terms.
Any personal data you provide when using the Site, Application and Services will be processed for the following purposes:
- Direct Marketing: we may from time to time inform you by telephone, letter, email or post of special offers, discounts, competitions and promotions and supply you with materials or other information that we think you may be interested in (including but not limited to joint promotional email campaigns with third parties). In accepting these Terms and signing up to the use of the Services you will be deemed to have consented to the use of your personal details for direct marketing purposes. If wish to discontinue receiving such communications, you may opt out by unsubscribing from the mailing list and/or sending us an email at firstname.lastname@example.org;
- Contracting and agreement; and
- Translation of the existing language for the purposes of overseas persons accessing the Site and/or the Services.
PRIVACY AND DATA PROTECTION
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the Malaysia and foreign countries. You acknowledge and agree that the Site, Application, Services and Content, including all associated intellectual property rights is the exclusive property of DLOOP and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Content. Subject to your compliance with the terms and conditions of these Terms, DLOOP grants you a limited, non-exclusive, non-transferable license to access and view any Website Content solely for the purpose of your use of the Services.
DLOOP reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Host Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification via email. We will also update the “Last Updated Date” at the bottom of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification via email, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of DLOOP used herein are trademarks or registered trademarks of DLOOP. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
DLOOP respects copyright law and expects its users to do the same. It is DLOOP’s policy to terminate in appropriate circumstances the Member Accounts or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see DLOOP’s Copyright Policy at www.tetamoo.com/terms, for further information.
TERMINATION OF MEMBER ACCOUNT
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your Member Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event DLOOP terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Member Account you will remain liable for all amounts due hereunder. You may cancel your Member Account at any time by sending an email to email@example.com. Please note that if your Member Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and content, your listing or booking of any hosted and non-hosted accommodations via the site, application and services, and any contact you have with other users of DLOOP whether in person or online remains with you. Neither DLOOP nor any other party involved in creating, producing, or delivering the site, application, services and content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, application, services or content, from any communications, interactions or meetings with other users of the site, application, or services or other persons with whom you communicate or interact as a result of your use of the site, application, services, or from your listing or booking of any hosted and non-hosted accommodation via the site, application and services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not DLOOP has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
If your Guests or anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to DLOOP by contacting us with your police station and report number at firstname.lastname@example.org; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
The Site, the Application, the Services and Website Content are provided “as is” without warranty of any kind from DLOOP, either express or implied. DLOOP makes no warranty regarding the quality of any Listings, Accommodations, the Application, the Services or Website Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Website Content obtained through the Site or the Services. DLOOP shall not be held responsible for verifying any information uploaded to the Site by a Host Family, Guests or otherwise or performing any background checks relating to said persons and DLOOP makes no endorsement of said persons or information relating to them and disclaims all liability in this regard. The Site, the Application and Services are a platform upon which Host Families and Guests may come together for the purposes of Accommodation bookings. DLOOP is not a party to any agreement between Host Families, and Guests and has no control over the conduct of said parties of any agreements as between them, whether concluded via the Site or otherwise, and DLOOP disclaims all liability in this regard.
You agree to release, defend, indemnify, and hold DLOOP and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the provision of the Accommodation, your use of the Site, the Application and/or the Services, including without limitation in relation to the Host Family Info, your interaction with any Member, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of the Accommodation.
These Terms, the Privacy Statement and the General Terms constitute the entire and exclusive understanding and agreement between DLOOP and you regarding the Site, Application, Services, Website Content and any Bookings or Listings of Accommodations made via the Site, the Application and/or using the Services, and these Terms the Privacy Statement and the General Terms supersede and replace any and all prior oral or written understandings or agreements between DLOOP and you regarding Bookings or Listings of Accommodations, the Site, the Application, Services and Website Content. These Terms shall take precedence over any agreement or understanding that you may have with a third party in connection with the Site, the Application, the Services, Website Content and/or any Bookings or Listings of Accommodations made via the Site, the Application and/or using the Services.
CONTROLLING LAW AND JURISDICTION
These Terms will be interpreted in accordance with the laws of Malaysia, without regard to its conflict-of-law provisions. Any dispute or claim arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of Malaysia.
TERMINATION OF THIS AGREEMENT
This Agreement may be terminated forthwith by DLOOP by notice in writing if you (i) commit any breach that is irremediable; (ii) if such breach is remediable, you fail to remedy that breach within 10 days of the breach occurring; or (iii) for repeated breach of these Terms. Without prejudice to DLOOP, either party may terminate this Agreement for its convenience on giving not less than thirty (30) days’ notice to the other party without liability to make or pay any compensation to the other party in respect of such termination. In the event of any termination of this Agreement all licenses granted to you shall automatically terminate. In the event of termination, the Host Family shall honour all Bookings made prior to termination.
You may not assign or transfer these Terms, by operation of law or otherwise, without DLOOP’s prior written consent but may be assigned by DLOOP without restriction. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. DLOOP may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
If you have any questions in relation to the above, Terms & Conditions please contact DLOOP EMPEIRIA Private Limited at email@example.com.