Terms of Service
Last Modified: 10.1.2024
JENIE
Terms of Service
Last Updated: October 1, 2024
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE JENIE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS”) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE JENIE PLATFORM OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT ACCESS AND USE THE JENIE PLATFORM.
PLEASE BE AWARE THAT SECTION 10 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND JENIE. AMONG OTHER THINGS, SECTION 10 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 10 ALSO CONTAINS CLASS ACTION AND JURY TRIAL WAIVERS. YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. PLEASE READ SECTION 10 CAREFULLY.
1. GENERAL
1.1 The Jenie Platform allows users to list accommodations (“Property Managers”) that are available for booking by guests (“Guests”). JENIE is not a party to any contracts entered into between a Property Manager and Guest and is not acting as an agent to any Property Manager or Guest.
1.2 Account Creation; Listings. In order to use the JENIE Platform, you must register for an account (“Account”) and provide certain information about yourself and any properties that will be listed on the JENIE Platform (each a “Listing”). You represent and warrant that: (a) all required registration information for the account and all required information on each Listing you submit is truthful and accurate; (b) you will maintain the accuracy of such information, and (c) you have the appropriate consent and authority to share such information, whether such information belongs to you, the entity you represent, or a third party.
1.3 Termination; Suspension. You may delete your Account at any time, for any reason, by following the instructions on the JENIE Platform.
1.4 Account Credentials. You agree to (i) keep your username and password for your JENIE Account strictly confidential, (ii) notify us immediately if you believe your password for your JENIE Account may have become known to an unauthorized person, and (iii) notify us immediately if you are contacted by anyone requesting you username and password for your JENIE Account. You are responsible for any and all activity in your JENIE Account, even for transactions that are fraudulent or that you did not intend or want performed. We may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your JENIE Account is being used in an unauthorized or fraudulent manner.
1.5 JENIE’s Responsibilities. JENIE reserves the right, but does not have any obligation, to monitor the use of the JENIE Platform and verify information provided by our Property Managers and Guests. You agree to cooperate with and assist JENIE or its affiliates in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use of the JENIE Platform.
2. PROPERTY MANAGERS
2.1 Access Rights for Property Managers. Subject to these Terms, JENIE grants you in your role as a Property Manager the right to access and use the JENIE Platform solely to list accommodations for Guests to book.
2.2 Listings. You are responsible to ensure that each of your Listings includes complete and accurate information about your property, including the Listing’s availability, accurate photos of both the inside and outside of the Listing, your price, all other charges like cleaning fees and resort fees, and any rules or requirements that will apply to any guests staying at the Listing. You must at all times keep your Listing information up to date.
2.2.1 Rooms. During the Term, you agree that you will always make all unbooked rooms available for display on, and booking through the JENIE System (i.e., last room availability).
2.2.2 Rates. You agree that the Rates and Rate Plans you provide to JENIE will be equal to or better than those made available through your own or third-party booking or distribution channels. You will not make any rules, restrictions, policies, and/or conditions (including cancellation rules) applicable to any room that you make available through the JENIE System more restrictive than those applicable to any comparable room that you make available through your own or third-party booking or distribution channels. Providing us with competitive rates, rules, restrictions, policies and conditions is part of a fair and balanced commercial bargain between you and JENIE, one which delivers incremental bookings to you on attractive terms (including importantly at no upfront costs), and one which allows us to provide a comprehensive search and booking service to Guests, while protecting JENIE from free-riding on our considerable investments in attracting Guests to your rooms.
2.2.3 Booking Notifications. JENIE will provide notice of each Booking processed through the JENIE System. You will provide JENIE confirmation of receipt of every Booking notification within 48 hours of JENIE’s notification being delivered to you. You must honor every Booking for which you receive a Booking notification.
2.2.4 Rate Information. You authorize JENIE to calculate on your behalf and in accordance with this Agreement, the Rates (as well as Room Prices), together with any Fees, Taxes, or other amounts payable, based on information entered by you through JENIE (or otherwise provided by you to JENIE in a manner acceptable to JENIE) and JENIE deriving Rates, Fees, Taxes, or other amounts on your behalf will be deemed to be your action, for purposes of this Agreement. You will immediately notify JENIE if you believe JENIE has incorrectly derived any amounts relating to your rooms. You will honor all Bookings made at the Rate in JENIE and at the Room Price (together with any Fees and/or Taxes) shown on the JENIE System at the time the Booking was made, including Bookings with stay-dates occurring after the termination of this Agreement. You will update the Rates, applicable Tax rates and Fees (or the information entered by you necessary for JENIE to derive them) as necessary and in accordance with this Agreement. You will not unlawfully increase your Fees in reaction to an actual or potential Force Majeure Event. You will not require guests to pay any fees or charges relating to their payment method.
2.2.5 Display; Special Programs and Discounts. JENIE will determine the order that Rooms displayed on the JENIE System appear in its sole discretion. Further details can be found on the JENIE Group lodging partner resource website. In addition, you agree JENIE and its Affiliates may also on occasion offer discount pricing for your rooms; provided that (i) any such offers will be available with respect to a broad number of properties and not limited to your Property; and (ii) unless otherwise agreed to with respect to any particular offer, JENIE will fund any such discount by a reduction to the Compensation otherwise payable by you to JENIE or retained by JENIE.
2.2.6 JENIE Connect. You will use JENIE or a certified integrated partner to enter, modify or sync all relevant information relating to Rates, availability, applicable Tax rates, Hotel Fees, Property and Room Information, cancellation and no show policies, and/or to modify your account information and preferred payment method, so JENIE can properly display relevant information about your rooms and perform its services as permitted or required under this Agreement. You are responsible for the accuracy of all facts and information related to or provided by you that are entered into JENIE or displayed on the JENIE System. You will advise JENIE immediately if any such information (including information related to your Property) is incomplete or inaccurate. Your use of your own or a third-party tool to interface with JENIE does not modify your obligations under this Agreement. During the Term, you will have access to information provided or generated by you and information relating to your Property collected or generated by JENIE to the extent that this information is generally available in JENIE. The JENIE’s privacy policy (currently located at https://www.jenie.com/privacy-policy) will apply to JENIE’s storage and use of this information.
2.3 Guest Contracts. When you accept a booking by a Guest for one of your Listing, you are entering into an agreement directly with the Guest to provide the property on the selected dates and at the price listed in the Listing. Any additional terms you include in the contract must be prominently displayed and in compliance with these Terms. The Property Manager and Guest are responsible for any changes or modifications to their agreement made via the JENIE platform or if they direct JENIE customer service to make the modification on their behalf. Both the Property Manager and the Guest agree to pay any additional fees, taxes or similar amounts for the modification.
2.3.1 Guest Booking Experience. You will not treat any Guest that books a property through the JENIE Platform differently than you treat any other guest that books a property through your own or third-party booking or distribution channels. This includes, without limitation, the handling of overbookings; allocation of room types; size or floor of rooms; level of customer service available with Booking; the amenities available with the Booking; and the amount of any additional fees associated with the Booking. Additionally, your communications with Guests regarding Bookings will not disparage JENIE or state that JENIE bookings are not entitled to the same benefits, amenities, and service as bookings through your own booking or other booking distribution channels.
2.4 Cancellation; Relocation.
2.4.1 Cancellations. You agree that the cancellation and no-show policies you offer through the JENIE Platform will be at least as favorable as any cancellation or no show policies offered by you through your own or third-party booking or distribution channels. Regardless of your cancellation policy, you also agree that you will permit cancellations of Bookings at no charge where required by law. Without limiting JENIE’s other cancellation rights, JENIE may cancel a Booking within the cancellation window of your cancellation policy. JENIE may also permit cancellation by a Guest at any time where required by applicable law. Except as made available to you in JENIE Connect, you will not cancel any Booking or encourage guests to cancel Bookings. If you do not enter your cancellation policy into JENIE Connect, JENIE’s default cancellation policy will apply. JENIE is entitled to the Compensation Percentage of any amounts charged to Guests for no-shows, cancellations or similar booking modifications. Subject to the previous sentence, in the event of a guest cancellation or no-show for a Booking, JENIE will be entitled to the Compensation for each room night of such booking unless you notify JENIE of the no-show or cancellation as specified in JENIE Connect.
2.4.2 Relocations. Without limiting your other obligations under this Agreement, if you are unable to honor a Booking, you will immediately (i) relocate the impacted guest to a comparable property with an equivalent or higher JENIE star class rating, (ii) pay all room charges at such property, all transportation to the property, and all other relocation costs, (iii) waive any additional amounts that would otherwise be payable to you by JENIE or the Guest as a result of the Booking, and (iv) notify JENIE that you are unable to honor the Booking. If you do not relocate the guest as required in this Section: (a) JENIE may relocate the guest itself or refund amounts paid by the Guest for the Booking, in which case you will reimburse JENIE for all expenses (including any Taxes) paid or incurred by JENIE in relation to the relocation or refund such as room charges at an alternative property and other relocation costs, and (b) if your inability to honor the Booking was due to an overbooking situation, JENIE will also be entitled to amounts that it would have been owed for the Booking under this Agreement (e.g. its Compensation) even though the guest did not stay at your property. Any amount due to JENIE under this Section must be paid within 14 days of receipt of JENIE’s written request.
2.5 Compensation. For each Listing covered by a Standalone Booking, JENIE will be entitled to compensation equal to fifteen percent (15%) of the Total Booking Price (the “Compensation”).
2.5.1 Collect Bookings. For each Booking, JENIE will act as the facilitator of the booking and will collect advance payment of relevant amounts from Guests. Unless otherwise agreed by the Parties, you are responsible for collecting Fees directly from guests. For each Collect Booking, you will be entitled to an amount equal to the Total Booking Price minus the Compensation (the “EC Remittance”). For each Collect Booking, JENIE will pay to you the EC Remittance and Taxes paid by the Guest (except to the extent JENIE is required to pay the Taxes directly to the Tax authorities).
2.5.2 Payments for Collect Bookings. Amounts due to Property Managers for Collect Bookings will be paid through an JENIE-approved payment process made available to you through JENIE or other means. Payments owed to a Property Manager for Collect Bookings will be submitted through bank transfer or ACH payment system to the Property Managers bank account on file. Each payment request will specify, for each Booking, the guest’s name, the JENIE booking ID, the applicable Rate(s), Listing Fees and Taxes. JENIE will pay all undisputed amounts within 30 days (7 days for properties located in Australia, New Zealand, or Hong Kong) of receipt of a payment request submitted electronically. JENIE may make changes or updates to its payment system, payment methods, and invoicing system or requirements at any time.
2.5.3 Listing Collect Bookings. For each Listing Collect Booking, JENIE will act as a facilitator of the Booking but you are responsible for collecting all relevant amounts directly from Guests at the time of check-out unless you and JENIE agree on a different time of collection. For each Listing Booking, you will pay JENIE the Compensation as set forth in this Section 2.5.
2.5.4 Payments for Listing Collect Bookings. JENIE will submit payment requests for Listing Collect Bookings to you through JENIE’s invoicing system. You agree to pay all payment requests for Listing Collect Bookings upon receipt of payment request using one of the payment options available to you in JENIE Connect or otherwise notified to you by JENIE. You agree not to use a third-party payment processor to process payments for Listing Collect Bookings for you without JENIE’s consent and JENIE may charge a fee related to any such use of a third-party payment processor. You agree that if JENIE incurs bank fees or other similar charges due to your payment method, you will reimburse JENIE for those fees or charges. If you do not pay JENIE within 15 days of the date of the payment request, you may be subject to late charges equal to the lower of 2%, or the maximum amount permitted by law of the outstanding balance for each month or portion thereof that the payment is overdue.
2.6 Legal Obligations. It is your responsibility to understand and comply with any laws, rules, regulations, and contracts with third parties that apply to your Listing, including but not limited to, homeowner and condominium association rules, city zoning laws and license requirements, landlords and leases (including compliance with subletting terms), rules relating to short-term rentals or longer-term stays. We suggest you seek independent legal advice to understand the various laws, rules, and regulations that my apply to your Listing. JENIE does not provide legal advice and any information provided by JENIE regarding legal requirements is for informational purposes only and should not be considered as legal advice.
2.7 Property Manager Taxes. You accept and acknowledge that as a Property Manager you are responsible for complying with all laws and obligations regarding the reporting, collection, and payment of any applicable taxes, including but not limited to paying additional indirect taxes, taxes for occupancy as well as income taxes, tourist taxes, any other taxes. You are solely responsible for the accuracy of Tax rate information, the identification of applicable Taxes and any changes to the Tax rates entered into JENIE. You are responsible for accounting to the relevant tax authorities for any Taxes applicable to any amounts received by you for any Bookings and/or in consideration for your services. On request, you will provide JENIE with documentation to substantiate registration with and/or remittance of Taxes to the relevant taxing authorities. The Compensation does not include any Taxes, and where such Tax applies it will be paid to JENIE by you or retained by JENIE, as applicable. You will pay all amounts owed to JENIE in cleared funds, without any deduction set-off, or withholdings of any kind. If you are required to make such a deduction or withholding, you agree that the amount paid to JENIE will not be less than the amount that JENIE would have received had no deduction or withholding been required. On request, you will promptly provide JENIE with valid tax invoices for any transactions entered into under this Agreement, where taxes are chargeable under applicable law. You will deliver to JENIE, prior to receipt of any payment hereunder, a completed and signed copy of IRS Form W-9 or other applicable documentary evidence satisfactory to JENIE to establish that you are not subject to withholding or are entitled to an exemption from, or reduction of, withholding tax, as applicable. You will promptly notify JENIE of any change in circumstances which would cause you to be subject to withholding or modify or render invalid any claimed exemption or reduction of withholding tax, and take any action that may be necessary to avoid any requirement that JENIE make any deduction or withholding for taxes from amounts payable to you. If you fail to perform your obligations under this Section, then JENIE may deduct and withhold from any payment to you such amounts as it is required to withhold under applicable law. All amounts withheld pursuant to this Section will be treated as paid to you for purposes of this Agreement.
2.8 Intellectual Property. You grant JENIE the worldwide, nonexclusive, royalty-free, fully paid right and license, in all media now known or later discovered or developed, to use, reproduce, distribute and display the Listing Information for purposes of identifying, promoting, merchandising and/or obtaining Bookings for the Listing. In addition, you will provide JENIE reasonable free access to the Listing in order to obtain images for purposes of identifying, promoting, merchandising and/or obtaining bookings for the Listing. You represent and warrant that you and/or the Property Manager are the owner or authorized licensee of all Listing information and that such content, and JENIE’s and its Affiliates’ use, reproduction, distribution and display of such content, does not and will not violate the rights of any third-party. Any additional advertising or marketing that JENIE performs for you or the Listing will be governed by JENIE’s then-standard marketing terms and conditions. JENIE may remove or edit any Listing information that JENIE believes to be inaccurate or inappropriate. This Agreement does not grant to you or the Property Manager any ownership interest in, or any express or implied license or right to, the JENIE System or to any software or intellectual property rights owned by or licensed to JENIE or its affiliates. You will provide JENIE with Listing information under this Agreement that is equal to or better than what you make available through your own or any third-party booking or distribution channels.
2. 9 Property Manager Assumption of Risk. You accept and acknowledge the risk of using the JENIE platform and specifically agree and acknowledge that listing a property on the JENIE Platform and accepting a booking for the property carries inherent risk, including but not limited to failure to comply with any laws, rules, or regulations applicable to your Listing. You agree that you have had the opportunity to investigate the JENIE Platform and that your use of the JENIE Platform is not in reliance on any statement of law made by JENIE.
3. GUESTS
3.1 Booking on the Jenie Platform. By electing to book a property listed by a Property Manager on the JENIE platform (“Booking”) you are agreeing to pay all listed fees, charges, and required taxes for the Booking. You represent and warrant that the information you provide during the Booking process is accurate and up to date. As part of the Booking, you agree that JENIE’s third party payment service provider may charge your credit card or other allowable payment method for the Booking’s total fees and charges. Upon the Property Manager confirming your Booking, a contract is formed directly between you and the Property Manager for the Booking, which includes the terms on the Listing (including any additional terms included there by the Property Manager), these Terms, any restrictions on number of guests, and all other terms presented to you during the Booking process. You are solely responsible for reviewing and understanding all of the terms that apply to your Booking.
3.2 Rights of Guest and Property Owner. The contract between you and the Property Manager allows you the right to enter and use the property in the confirmed Booking solely for the time set forth in the confirmed Booking. The Property Manager retains the right to access and enter the listed property during the time of the confirmed Booking if (i) you provide your consent; (ii) the circumstances cause such entry to be reasonably necessary; or (iii) such entry is permitted under law. The Property Manager has the right to remove you and all of your guests from the listed property in accordance with applicable law in the event you and/or your guests stay beyond the time listed in the confirmed Booking.
3.4 Assumption of Risk. You are responsible for yourself and all guests that you provide access to the listed property in your confirmed Booking, including but not limited to all areas you are entitled to use subject to the agreement you entered into with the Property Manager. You must leave the listed property and any other areas you are entitled to use in the same condition as when you first arrived. You accept and acknowledge the risk of using the JENIE platform and specifically agree and acknowledge that the access to and use of a listed property carries inherent risk, including but not limited to bodily injury, illness or death.
3.5 JENIE Referral Program. The JENIE Platform allows you to submit recommendations of Listings that you have booked. If an individual submits a Booking for a Listing based on your recommendation JENIE will provide you with a referral award. By accepting and sharing your referral link or code or by signing up with a referral link you agree to be bound by the JENIE referral rules. You are eligible to receive your referral award upon the referred party Booking the applicable Listing. JENIE reserves the right to change, end, or pause, in whole or in part, the referral program, as well as any Guest’s or invitee’s ability to participate in the referral program at any time for any reason, including suspected fraud, abuse, or any violation of this Agreement or any rules or regulations associated with this Agreement. JENIE may update the rules of its referral program at any time. If any such update is made, JENIE will post the updated terms on its website. Your continued participation in the JENIE referral program after any update will mean that you have agreed to the update.
4. Termination, Suspension and other Measures.
4.1 Term. These Terms become effective when you first access the JENIE Platform (for example to create an account) and remain in effect until either you or we terminate these Terms in accordance with the terms below.
4.2 Termination; Suspension. You may terminate these Terms at any time by deleting your JENIE account. JENIE may terminate these Terms and your account for any reason by providing you with 30 days’ prior notice via email or using any other contact information you have provided for your account. If you breach these Terms in any way, you are in violation of applicable law, or we reasonably believe termination is necessary to protect us, Guests, Property Managers, or any other third party, we may (i) suspend or limit your access to or use of the Jenie Platform, (ii) remove or disable access to your listed properties; and/or (iii) cancel any pending or confirmed Bookings.
4.3 Effect of Termination. If you are a Property Manager and terminate your JENIE account, any confirmed Booking(s) will be automatically canceled and your Guest(s) will receive a full refund. If you terminate your account as a Guest, any confirmed Booking(s) will be automatically canceled and any refund will depend upon the terms of the Property Manager’s cancellation policy.
4.4 Survival. The provisions that by their nature survive termination, will survive termination of this Agreement.
5. Content. The JENIE platform allows you to provide feedback, text, photos, and other content (“Content”). By providing Content via the JENIE platform, you grant JENIE a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, and otherwise exploit, in any manner such Content to provide and/or promote the JENIE Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant JENIE including its affiliates the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party.
6. Disclaimer of Warranties. The Jenie Platform and all Content are provided “as is” without warranty of any kind and Jenie or its affiliates disclaim all warranties, whether express or implied, including but not limited to the following: (i) we do not warrant the performance or non-interruption of the Jenie Platform; and (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Property Owner, Listing or third party. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Jenie or its affiliates cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
7. Limitations on Liability.
NEITHER JENIE, INCLUDING ITS AFFILIATES AND PERSONNEL, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE JENIE PLATFORM OR ANY CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS, (II) THE USE OF OR INABILITY TO USE THE JENIE PLATFORM OR ANY CONTENT, (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS YOU MAY HAVE WITH SOMEONE YOU INTERACT OR MEET WITH THROUGH, OR AS A RESULT OF, YOUR USE OF THE JENIE PLATFORM, OR (IV) PUBLISHING OR BOOKING OF A LISTING, INCLUDING THE PROVISION OR USE OF HOST SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JENIE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET OUT IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL JENIE’S AGGREGATE LIABILITY FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR INTERACTION WITH ANY PROPERTY OWNER AND/OR GUEST, OR YOUR USE OF OR INABILITY TO USE THE JENIE PLATFORM OR ANY CONTENT, EXCEED: (A) TO GUESTS, THE AMOUNT YOU PAID AS A GUEST DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, (B) TO PROPERTY MANAGERS, THE AMOUNT PAID TO YOU AS A PROPERTY OWNER IN THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (C) TO ANYONE ELSE, ONE HUNDRED U.S. DOLLARS (US$100).
THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND JENIE. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Indemnification. To the fullest extent permitted by law, you agree to defend (at JENIE’s option), indemnify, and hold Jenie harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that are referenced herein), (ii) your improper use of the JENIE Platform, (iii) your interaction with any Property Manager and/or Guest, stay at an accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or stay (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
9. Platform Content. Content made available through the Jenie Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Content”), whether registered or unregistered, is protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States. You acknowledge that all intellectual property rights for that Platform Content are the exclusive property of Jenie and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the Jenie Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Jenie grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (a) download and use the Jenie Platform mobile application on your personal device(s); and (b) access and view the Platform Content made available on or through the Jenie Platform and accessible to you, solely for your personal and non-commercial use.
10. Dispute Resolution and Arbitration Agreement.
Please read the following section carefully because it requires you to arbitrate disputes and claims with JENIE and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
10.1 Dispute Resolution. For any dispute or claim that you have against JENIE or relating in any way to these Terms, you agree to first contact JENIE and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to JENIE by email at [INSERT EMAIL ADDRESS] or by certified mail addressed to [INSERT PHYSICAL MAILING ADDRESS]. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. You agree that this dispute resolution process must be followed prior to you initiating any arbitration or filing a claim against JENIE.
10.2 No Representative Actions. You and JENIE agree that any dispute arising out of or related to these Terms is personal to you and JENIE and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Except for small claims disputes in which you or JENIE seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or JENIE seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (such as trademarks, copyrights, or trade secrets), you and JENIE waive your rights to a jury trial and to have any dispute arising out of or related to these Terms resolved in court.
10.3 Arbitration of Disputes. If you and JENIE cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, both parties agree that any unresolved controversy or claim arising out of or relating to these Terms, or the breach thereof, or the services being provided shall be settled by binding bilateral arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), except as modified by this Section XX. You hereby consent to the Mass Arbitration Supplementary Rules where applicable, and, where applicable, the Mass Arbitration Supplementary Rules shall be included in the defined term “AAA Rules.” The most recent version of the AAA rules is available at www.adr.org and is hereby incorporated by reference. All disputes submitted to AAA will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in [INSERT COUNTY AND STATE] or if your claim does not exceed $10,000 then the arbitration will be conducted solely on the basis of the documents you and JENIE submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. You either acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason.
10.4 Batch Arbitration. To promote efficient handling of arbitration claims, if twenty-five (25) or more substantially similar claims are filed against JENIE within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, the AAA will promptly take steps to administer the claims in batches of twenty-five (25) (plus a final batch consisting of any remaining claims). Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a “substantially similar nature" if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, the AAA will appoint an arbitrator to decide that issue, whose fees will be paid by JENIE and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section 10.
You and JENIE agree that these Terms affect interstate commerce, and that the enforceability of this Section 10 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
The arbitrator, JENIE, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and JENIE agree that for any arbitration you initiate, you will pay the filing fee and JENIE will pay the remaining AAA fees and costs. For any arbitration initiated by JENIE, JENIE will pay all AAA fees and costs. However, if the arbitrator decides that either the substance of either party’s claim or the remedy either party asked for is frivolous or was brought for an improper purpose, such party will be responsible for all filing, administrative, and arbitrator fees and the other party’s attorneys’ fees. You and JENIE agree that the state or federal courts of the State of [INSERT STATE] and the United States sitting in [INSERT COUNTY AND STATE] have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or the services provided must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and JENIE will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 10 by sending an email to [INSERT EMAIL ADDRESS]. To be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section XX.
If any portion of this Section XX is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 10 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 10; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section XX is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section XX will be enforceable
10.5 Jury Trial Waiver. You and Jenie acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.
11. Miscellaneous.
11.1 Other Terms Incorporated by Reference. Any supplemental policies and terms linked to in these Terms apply to your use of the Jenie Platform and are incorporated by reference into this policy, and form part of your agreement with Jenie.
11.2 Reviews. Property Managers and Guests shall have the chance to review one another. You agree that any review you provide on the JENIE platform is a fair and accurate portrayal of your experience. You will not post any offensive, discriminatory, defamatory, or any other language that violates these Terms or any applicable law.
11.3 Force Majeure. JENIE will not be responsible for any failure or delay in the performance of its obligations under these Terms that is caused, directly or indirectly, by any event beyond the JENIE’s reasonable control, which may include natural disasters, fires, floods, epidemics, pandemics, riots, war, terrorism, internet outages, labor shortages, and judicial or government action.
11.4 Assignment. You may not assign any of your rights or obligations under these Terms without the prior written consent of JENIE.
11.5 Governing Law and Venue. These Terms, and any dispute arising out of or related hereto, (collectively, a “Dispute”) will be governed exclusively by the laws of the State of California, without giving effect to any conflict of laws principles or provisions that would result in the application of the laws of a different state or country. The state and federal courts located in Santa Clara County, California]will have exclusive venue jurisdiction for any and all Disputes. Each party hereby consents to the exclusive jurisdiction of such courts.
11.6 Independence of the Parties. The parties are independent of each other. Each Property Manager is an independent individual or entity and not an employee, agent, joint venturer, or partner of JENIE and has complete control and discretion on when to provide a Listing, the prices and availability for such Listing, and the terms under which you offer your Listing. Additionally, nothing in this Agreement, expressly or indirectly creates an employer/employee relationship between a Guest and JENIE, and as a Guest you are responsible for all taxes on Referral Awards paid to you by JENIE.
11.7 Notice. To be effective under this Agreement, a notice must be in writing and delivered either by hand, registered or certified mail, email (with receipt of acknowledgment), or courier (including overnight delivery or other express mail delivery service) to the receiving party’s address set forth above (or as such address is updated by a party).
11.8 DMCA Policy and Cases of Infringement. We do not allow the posting of any content on the JENIE Platform that infringes any person's copyright. Jenie will terminate the account, in appropriate circumstances, of a Property Owner or Guest who is the source of repeated claims of copyright infringement. Should you become aware of or suspect any copyright infringement on the JENIE Platform, please contact us at [INSERT EMAIL].
11.9 Waiver. Jenie’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
11.10 Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable such provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in full force and effect.
11.11 Modification. We reserve the right to modify these Terms at any time. If we make any updates, we will post the revised Terms on the Jenie Platform and update the “Last Updated” date at the top of these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Jenie Platform will constitute acceptance of the revised Terms.
11.12 Entire Agreement. These Terms constitute the entire agreement between you and JENIE pertaining to your access to and use of the JENIE Platform and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, between you and JENIE. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and JENIE.