Listing Management Terms of Service
Last Updated: October 1, 2019
Welcome to Hosting Group, a service that allows Hosts to use a team (“Hosting Groups”) to help manage Listings and provide Host Services.
All capitalized terms not defined here have the meaning given to them in the Vinera Hub Terms.
“Team” means an organization, and its employees, agents, and contractors, that has registered as a Team with Vinera Hub to manage Hosts’ Listing(s) and provide Host Services on behalf of Hosts.
- Adding a group member to your Listing
You can add a group member to manage your Listing(s) by inviting a Team through the Vinera Hub Platform.
You should exercise due diligence and care when deciding to invite a Team to manage your Listing(s). You alone are responsible for choosing a Team. Vinera Hub does not control the conduct of Teams and disclaims all liability arising from or related to any agreement entered into between Hosts and Teams, including the acts or omissions of any Team, to the maximum extent permitted by law.
- Listing Management Services
You understand and agree that Vinera Hub is not a party to any agreement between you and a Team.
By inviting a Team to manage your Listing(s), you authorize the Team to act on your behalf on the Vinera Hub Platform for such Listing(s), which may include, but is not limited to:
- Managing the Listing(s), including calendar availability, cleaning, restocking, and similar activities;
- Changing the price of your Listing(s) and/or Host Services;
- Accepting and declining Guest Booking requests;
- Communicating with Guests;
- Modifying or updating the Listing description, photos, and other Member Content of the Host;
- Helping Guests resolve issues they may have
- Working with the Guests to resolve disputes; and
- Reviewing Guests.
- Host Compliance and Responsibilities
You remain responsible and liable for your Listing(s) and any Member Content you create and post on the Vinera Hub Platform, including any Listing(s) or Member Content created on your behalf by a Team, and any third party claims based on your Listing(s) or Member Content. Accordingly, you represent and warrant that any Listing(s) you create and post on the Vinera Hub Platform, including any Listing(s) created on your behalf by a Team, and the Accommodation(s) in such Listing(s): (i) will not breach any agreements you have entered into with any third parties, and, (ii) will (a) be in compliance with all applicable laws (such as alcohol laws, business and tour guide laws), tax requirements, and rules and regulations that may apply to any wine activity included in your Listing(s) (including having all required permits, licenses, and registrations), and (b) not conflict with the rights of third parties.
Vinera Hub is not obligated to mediate disputes between Hosts and Teams. However, Vinera Hub reserves the right to conduct our own investigation and take appropriate action. In such case, you agree to cooperate with and assist Vinera Hub in good faith, and to provide Vinera Hub with such information and take such actions as may be reasonably requested by Vinera Hub in connection with any complaints or claims made by Members relating to activities, bookings, Listing(s), or with respect to any investigation undertaken byVinera Hub or a representative of Vinera Hub regarding the Vinera Hub Platform.
Please note that for Hosting group-managed Wine Activity Listing(s), you, as the Host, will be reviewed by Guests (including on the basis of the Team’s behavior and communications).
- Sharing Your Information
- Removal From Listing
- Removal from Listing
Hosts may remove a Team from their Listing(s) at any time. Likewise, Teams may remove themselves from a Host’s Listing(s) at any time.
- Effect of Removal
Removal from a Listing by either the Host or Team will be effective immediately. Upon removal, you, as the Host, will remain responsible for all of the Team’s actions prior to removal, including the responsibility to fulfill any pending or future bookings of the Listing initiated prior to the removal of the Team. When a Team is removed from a Listing, it will no longer have access to any Host or Guest information related to that Listing, and will no longer have any right to access that Listing, calendar, or messages with Guests related to the Listing.
- No Guarantees
We cannot and do not guarantee the accuracy, quality, completeness, safety, suitability, or usefulness of any information you access through the Teams service or of any Team. You are responsible for deciding whether or not to utilize a Team, and you do so at your own risk. We are not responsible for any damage or harm resulting from your use of a Team.
You agree to release, defend, indemnify, and hold Vinera Hub 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: (i) your improper use of the Teams service; (ii) your violation of these LM Terms; or, (iii) your breach of any laws, regulations, or third party rights. This indemnification is in addition to, and not in lieu of, any other indemnification provision you have agreed to with Vinera Hub.
If your country of residence is within the European Economic Area or the United Kingdom, the indemnification obligation according to this Section 10 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
- Miscellaneous Provisions
You are contracting with the same Vinera Hub entities indicated in the Terms of Service and Payment Terms. In the event of a conflict between these Terms and the Vinera Hub Terms, the Vinera Hub Terms will prevail. The LM Terms will be interpreted with the same laws and jurisdictions as set forth in the TOS.
Without waiving any other rights or remedies we may have at law or in equity, Vinera Hub, in our sole discretion, may suspend, terminate, or disqualify you from the Teams service.
If any provision in the LM Terms is held to be invalid, void, or unenforceable, such provision will be struck and not affect the validity and enforceability of the remaining provisions. Vinera Hub’s failure to enforce any right or provision in these LM Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Vinera Hub reserves the right to modify these LM Terms at any time in accordance with this provision. If we make changes to these LM Terms, we will post the revised LM Terms on the Vinera Hub Platform and update the “Last Updated” date at the top of these LM Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised LM Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Teams service will constitute acceptance of the revised Terms.