Thoroughly read these terms (“Terms”), now that they contain important information about your legal rights, resources, and obligations. By accessing or using the Beyond Homes platform you are fully accepting to comply these.
The hereby Service Terms(“Terms”) constitute a binding legal contract (“Contract”) between you and Beyond Homes (here below defined ) that rules your access and usage of the website Beyond Homes, including any of its subdomains, as well as any other website through which Beyond Homes makes its services available (collaboratively denominated the “Website”), a cell phone, tablet and smart device Apps , in addition to application program interfaces (collaboratively denominated , the “Application”) together with all the associated services(collaboratively denominated , the “Beyond Homes Services”). Hence here forth, the Website, the Application and the Beyond Homes Services will be collaboratively denominated, the “Beyond Homes Platform”.
The gathering and use of personal information accordingly to the access and usage of the Beyond Homes Platform are described as follows in our Privacy Policies.
- Beyond Homes Service Scope
- Eligibility, Beyond Homes Platform usage and Users’ Verification
- Term Modification
- Account Registry
- Service Fees
- Currency Exchange
- Payments and Charges
- Specific Terms for Guests
- Modifications, Cancelations and Reservation Refunds, Resolution Center
- Evaluations and Comments
- Accommodation Damage, Disputes between Users
- Prohibited Activities
- Validity period and Termination, Suspension and other Measures
- Responsibility Outline
- Applicable law and jurisdiction
- General Dispositions
1. Beyond Homes Service Scope
1.1 The Beyond Homes Platform is an online service that allows its registered users (“Users”) to book advertised properties, products and services for temporary use.
1.2 While Beyond Homes makes all reasonable efforts to include on its platform updated and precise information about its properties, products and services, it cannot offer any guarantees in regards to its accuracy. Now that, these may include inaccuracies or mistakes making Beyond Homes exempt from all responsibility for any given error in the information or description of the properties, products or services shown in the platform. Beyond Homes holds the right to correct any mistake in the price of any property or any other. Thereupon, the user has the option of keeping his booking at the correct price or of cancelling it without an extra charge . Beyond Homes is not responsible for any personal injury, death, or harm that any of the users may suffer within their premisses. Including any damage or expenses generated from these eventualities.
When offering travel products or services to particular locations , Beyond Homes does not guarantee that traveling to such places be recommendable or without risk, hence is not responsible for any damage or loss that can result from traveling to these sites.
1.3 Due to the nature of the Internet, Beyond Homes cannot guarantee the continuous and uninterrupted availability and accessibility to its platform. Beyond Homes can restrict the availability to the whole or designated sections of its platform in the event that it is necessary not only due to the limitation in its capacity but also to the well being and integrity of its users, needless to mention the due maintenance that asures the right and improved running and security of it. Beyond Homes can improve, upgrade and modify its platform, among other things , introduce new services every now and then .
2. Eligibility, Beyond Homes Platform usage and Users’ Verification
2.1 To access and use the Beyond Homes platform or register to a Beyond Homes account, you declare that:
- You are at least 18 years old;
- You have the legal authority to create an obligation
- Use this website accordingly to the hereby usage Terms.
- Only use this website for legitimate booking for yourself or another person whom you are legally authorize to act upon.
- You will inform these people about the booking Terms along with the applicable Norms and Restrictions.
- All the submitted information to this website is true, exact and complete.
- Should you have a www.beyondhomesluxury.com account , your account’s information will be protected by supervising any given use you or any other third party may have with it.
2.2 Beyond Homes may supervise the access and the usage of both its complete or partial platform and functions. As well as determined conditions or requirements such as carrying out verification processes, complying with concrete qualifications, eligibility criteria, satisfying Evaluation threshold, in addition to comments or a determined user’s booking and cancellation history.
2.3 The verification of the users in internet is difficult and no responsibility is taken for the their identity. Transparency and fraud prevention and as far it is permitted by law we can, but without being obligated to, …. (i) ask the user to present an official identification card or any other means used for verifying the users’ identity and background. (ii) Filter the users by comparing data bases and other sources. Finally, request information from prior service suppliers. (iii) When there is not enough information to fully know a User’s identity, get information from public files or from criminal records.
3. Term Modification
Beyond Homes holds the right to modify the hereby Terms at any given moment as arranged in this disposition. Were there to be changes in the hereby Terms, the revised Terms will be published in the Beyond Homes platform together with the “last update” date stated in the lower part. An email confirming the changes with in 30 (thirty) previous natural days will be sent. If there is a disagreement with the revised Terms, the contract could be cancelled immediately. You will be informed about your right to withdraw from your contract in an email notification. If the contract is not resigned to within the date in which the revised Terms are placed into action, your continuing to use the Beyond Homes platform implies that you agree with the updated Terms.
4. Account Registry
4.1 An account must be registered (“Beyond Homes Accounts”) to access and use certain functions of the Beyond Homes Platform such as booking a property, service or experience. If you register an account for a company, organization or a legal person, it must be declared and guaranteed that any which one can be held accountable for legally and entity representation, granting and the authorizations and license required in these Terms.
4.2 A Beyond Homes account can be created with an email address and by creating a password. You are fully able to deactivate it by accessing the “______________________” section in the Beyond Homes platform.
4.3 You declare under oath to say the truth about the submitted information, assuring that it is exact, updated, true and complete thus you are committed to keeping it updated at all times.
4.4 It is not allowed to register more than one Beyond Homes account unless authorized by Beyond Homes, this account cannot be transferred in any which way elsewhere,
4.5 You are held responsible at all times for the confidentiality and security of your Beyond Homes credentials, and these cannot be revealed to anyone else. Beyond Homes must be immediately informed in case you know or have solid reasons to suspect that your credentials have been stolen, lost, object of improper appropriation, identity theft, or if they are seemingly under threat. In addition , if it is known or suspected that it has been used without authorization, you are held highly accountable for each and every activity applied in your Beyond Homes account unless these have not been personally authorized, making sure you have not been negligent (like in the case of not informing about a non authorized use or loss of your credentials).
5.1 It is accepted and recognized that the Beyond Homes platform and its content including all the associated rights of intellectual property, are exclusive property of Beyond Homes and or of its licensors and third parties. No brand or copyright signal, commercial and service brand, notices of ownership rights including all others that are integrated appear in the the Beyond Homes platform shall be eliminated, altered or hidden. Beyond Homes and the users’ content, all the commercial and service brands along with logos commercial names, or any other Beyond Homes source identifying element used in, or in relation with the Beyond Homes platform and its content constitute commercial brands or Beyond Homes registered brands.
5.2 The Beyond Homes Platform and contents shall not be used, copied, adapted, modified, any derived works prepared, distributed, licensed, sold, transferred, publicly exhibited , publicly interpreted, transmitted, broadcasted nor exploited in any other way. The use of the platform does not grant or bestow any Beyond Homes license nor intellectual property right that the user could own or control.
5.3 Beyond Homes respects the copyright legislation and highly expects its users accordingly. If it is estimated any given content of The Beyond Homes Platform infringes any copyrights that are under your possession please let us know as defined in our copyright policy.
6. Service Fees
6.1 Beyond Homes can charge guests fees for the use of its platform(“Guest Fees or “Service Fees”) In our service fee page, you may consult further information regarding fee application and calculation.
6.2 All applied service fees will be shown to the guest before booking a property, service or experience. Beyond Homes has the right to change the fees at any given moment, the changes will be readily sent to the platform users before being applicable. None on the new changes will affect prior bookings on due dates.
6.3 You are held accountable for paying the fees for any services you have contracted or owe Beyond Homes together with the taxes that are applicable . All the guest fees charged by Beyond Homes are included in the Total Fees except that the Beyond Homes platform indicates otherwise. Service Fees are non-refundable.
6.4 Experiences, Events and other posted Services
6.4.1 Beyond Homes makes available for you additional experiences which are completely personalized for each User. Regarding but not limited to Laundry Service, International Chef, Concierge, Butler, private security, private transportation, luxury transportation, Waiters, Mixologist, Personal Trainer, Medical Service, Air Transportation, Catering, Musicians, DJ, Pre-stocking, Photographer, Massages, Yoga, and meditation classes. Any other service or personal experience that is requested by the User will be fully acknowledged as having an additional cost apart from the booking fee. These can be independently quoted for each of the participants that wish to be part of such experience.
6.4.2. The arrangements for personalized events will greatly depend on the complexity of what each User requires. Therefore, an independent contract shall be created for the execution of each of these special events through which Terms and conditions will be stablished.
6.4.3. Beyond Homes reserves the right to arrange the availability for the additional posted services due to their nature not all of them are applicable to all properties or destination points offered by Beyond Homes. An availability confirmation needs to be requested before its contracting.
7. Currency Exchange
Were there to be a currency converter available in the website, the following Terms and conditions will be applied: the type of currency exchange is based on diverse public sources, these are only used as a guideline. Because quotes detailed with an specific currency are not updated day by day, it is recommended to verify the date on the quote against a current currency converter which is believed to be reliable. Nevertheless, Beyond Homes and its suppliers do not guarantee such precision. When using this type of information for financial purposes, it is advisable to consult a qualified professional for currency exchange precision. The use of this information is solely authorized for personal purposes and it is expressively prohibited to be resold, redistributed, or for commercial purposes.
8. Payments and Charges
If the payment were to be made when booking, the charge can be made by (1) Beyond Homes, S.A. de C.V. or any other User from the Beyond Homes company.
At the time the payment for your booking is made , your bank can convert the total amount to be paid to its local currency and charge you a conversion interest rate. The type of exchange rate used by the bank can be different to our own.
Meaning that the entered amount in the account statement for your credit or debit card could be in your local currency and be different to what appears on the summary payment page for a booking made in the Website. The type of exchange and the charge for an international transaction are only determined by your bank on the date it is done. Should you have any questions regarding these charges and the type of currency exchanged being used for your booking, contact your bank.
9. Specific Terms for Guests
9.1 Applicable Terms to all Reservations
9.1.1 An available property, experience service on the Beyond Homes platform can be booked without prejudice to the fulfillment of the requirements Beyond Homes establishes by following the corresponding booking process. Before booking, all the applicable fees will be presented for any property, experience service. This includes all the fees per property, experience service, the guaranteeing downpayment, the guest fees, and any corresponding taxes (hereon collaboratively, “Fee Totals”). The Fee totals for your booking are agreed to be paid in connection to your Beyond Homes Account.
9.1.2 By doing so, the User accepts, recognizes and authorizes that Beyond Homes keeps the represented amount in any other or local currency of between 1,000 (One thousand dollars of the United States) and 2,000 (Two thousand dollars of the United States) as a guarantee to hold your booking for each reservation made by the User. The amount of the deposit will be determined by the value of the property being booked. This deposit serves as guarantee for the good use of the facilities, from the beginning to the last day of stay, the user will have a two natural day waiting period for a refund being the case that there is no damage, loss, wear out of the furniture, most importantly to the property.
9.1.3 Being that you make any reservation for a property, experience service on behalf of any additional guests, you are obliged to make sure that each of these guests complies with the established requirements. They too must be fully aware and accept of the terms, conditions, norms, regulations and restrictions here present in these Terms. Should a reservation be made for a child or children or someone that is underage, It is declared and guaranteed that you are legally authorized to act on the child’s behalf. The underaged can only participate in an experience or event if they are accompanied an adult who is responsible for them.
9.2 Accommodation Reservation
9.2.1 It is fully understood that an accommodation booking (“Accommodation Booking”) constitutes a limited authorization that Beyond Homes grants you to access, occupy, and use exclusively during your stay. During this time Beyond Homes reserves the right to access the property.
9.2.2 The Property is to be abandoned no later than the time that is announced in the property, service or experience. If your stay is longer than the agreed time without Beyond Homes’ consent (“Stay Excess”), you will no longer have the authorization to stay in the property. Beyond Homes reserves the right to oblige you to leave accordingly to an applicable means found in the legislation. In addition to this, you accept to pay, if it is demanded by Beyond Homes, for each twenty four (24) hour over night period (or any portion of it) that corresponds to the “Stay Excess” on your part. An additional overnight stay fee that is twice as much as the average property, experience or service fees, plus all the regular guest fees and their corresponding taxes. You will be charged with the purpose of making up for any inconvenience Beyond Homes may have suffered. The legal expenses Beyond Homes has to make use of to oblige you to leave (Hereon “Stay Excess Fees”). Excess Stay Fees for late departure times on the same departure date and not affecting upcoming reservations may be limited to the additional costs incurred by Beyond Homes as a result of the Excess Stay. If you incur an Over-Stay in a Lodging, you authorize Beyond Homes (through Beyond Homes Payments) to charge the Over-Stay Fees directly to the method of payment you have designated for the payment of your reservation or if applicable to make the discount of such amounts from the Security Deposit granted by the User in terms of paragraph 9.1.2.
9.3 Experiences, Events and other Beyond Homes Services
9.3.1 Beyond Homes makes available for you additional experiences which are completely personalized for each User. Regarding but not limited to Laundry Service, International Chef, Concierge, Butler, private security, private transportation, luxury transportation, Waiters, Mixologist, Personal Trainer, Medical Service, Air Transportation, Catering, Musicians, DJ, Pre-stocking, Photographer, Massages, Yoga, and meditation classes. Any other service or personal experience that is requested by the User at least 15 (fifteen) days in advanced but in the case of experiences, these must be requested 21 (twenty one)natural days in advanced before needed.
Beyond Homes reserves the right to the experiences and services’ availability now that not all are feasible to all properties or destinations.
9.3.2 The description for each Beyond Homes experience, event or service must be Thoroughly revised (being you or any other third party you reserve for) to make sure it complies with requirements for minimum age , aptitude, physical condition, and others that are indicated by Beyond Homes. You are able, to your own criteria , give notice to Beyond Homes about any medical or physical problem, including any given circumstance that can affect you or any other guest’s participation in any Beyond Homes experience, event or service.
9.3.3 Before or during any Beyond Homes experience, event or service the established indications and limitations to these must be fully respected.
9.3.4 No additional physical person can be brought into any Beyond Homes experience, event or service that has not been hired or paid for.
10. Modifications, Cancelations and Reservation Refunds, Resolution Center
10.1 Users are held accountable for as many modifications they carry out or have done (through customer service on Beyond Homes ), on the Beyond Homes Platform (“Reservation Modifications ”), also, they accept to pay as many fees for any Beyond Homes experience, event or service, additional guest fees, and any associated taxes with these “Reservation Modifications ”.
10.2 The booking for a paid property can be cancelled or changed before hand. Nevertheless, you will be charged with the indicated cancellation and change fees. If you do not change or cancel before the indicated date on the property restrictions, you will be subjected to the charges applied for over night stay , recovery fees, taxes and service charges. If you are not present on the first day of your reservation, and are thinking about doing the check-in the next day, we must inform about the changes one day before your first reservation date to avoid cancellation.
The cancellation and change fees are to be paid if incurred in. Not all properties accept cancellation or change once the reservation is made, just as it is indicated in the norms and regulations. It is fully accepted to comply with the Terms respecting the use of taxes regarding a payment made in advanced for a property.
10.3 If Beyond Homes cancels any confirmed reservation, the User will receive a full refund for the Fee Totals corresponding to his reservation.
10.4 As far as any Beyond Homes experience, event or service atmosphere represents a threat to the security of the guests or that prevents Beyond Homes from providing its services outdoors or in a secure way. Beyond Homes will be able to cancel its services.
10.5 In such circumstances, Beyond Homes is able to decide , to their own exclusive criteria , that it is necessary to cancel any pending or confirmed reservation and begin the corresponding refunds and payments. This can occur due to the following reasons (i) When Beyond Homes estimate in good faith, and takes into account the legitimate party interests, resulting necessary to avoid significant harm to Beyond Homes, and/or other Users, third parties or material possessions , (ii) impossibility in the use of the property, or (iii) for any of the motives foreseen in the present Terms.
10.6 Except as otherwise provided in these Terms, Users will be able to use the Resolution Center and the email@example.com email to send or request refundable money, additional Beyond Homes Services, claims for damages and accidents related to reservations. The User accepts to pay all the amounts sent to the Resolution Center related to his Beyond Homes account , and Beyond Homes Payments will handle all these.
11. Evaluations and Comments
11.1 Consider that sending content to this website via email, by posting, or including reviews, photos, videos, questions, comments, suggestions, ideas, about the properties included in advertising (called collectively, “Postings”), grants Beyond Homes and its website Users, from a shared brand and/or related through whom provides the service (collectively, the “Beyond Homes Members”) the nonexclusive, royalty-free, perpetual and irrevocable right and completely sub-licensable to (a) use, reproduce, modify, adapt, publish, alter, publicly exhibit and present this Postings around the world, in any existing or conceived thereafter means of communication (b) use the name that is sent along with the Posting. Being the Beyond Homes enterprise acknowledged as being able to choose and make a mention about one of your comments or reviews (e.g., post your name and hometown in a Property review that you sent) accordingly to our criteria and that such Postings that can be shared with our suppliers’ Users. In addition, the Beyond Homes enterprises are granted the right to look for, under law, any given person or entity that violates your or the enterprise’s rights in Postings, under these Term usage violation . You recognize and accept that the Postings are nonconfidential and have no property right. You expressly renounced to each and every ” Moral Right” that could subsist in your Postings, there is no opposition on your part to the publishing , use, modification, elimination or exploitation of your Postings on our behalf, our Beyond Homes members, our Users or license holders. We are not responsible for any Posting you publish or send. We are not obligated in any way to publish your comments now that we reserve the exclusive right accordingly to our criteria to determine what comments are posted in the Platform. If you do not agree with the hereby Terms of usage, do not make any Postings.
11.2 You are completely responsible for the content of your Postings, (concretely including, among others, the published reviews on this Platform). It s prohibited to publish or transmit towards or from this website: (i) any material or content that is unlawful, threatening, libelous, defamatory, obscene, pornographic, or of any other nature that violates publicity, privacy rights any or any other law; (ii) any commercial material or content (including but not limited to a a request for, publicity or commercialization funds for any property or service); and (iii) any material or content that allegedly infringes another person’s copyright, registered patented brand or any third party property right . You are the only one held responsible for any harm that is produced due to any restriction violations and of any damage that is the result of your Posting’s content on this Platform.
11.3 The Evaluations and Comments reflect Users’ individual opinions and not Beyond Homes’. Beyond Homes does not verify the precision in the evaluations and comments, that could be wrong or deceitful.
12. Accommodation Damage, Disputes between User
12.1 As a guest, it is your responsibility to leave the property (including personal material goods and other existing type) just as you found it upon your arrival. You are responsible for your own, and other people you invite acts and omissions.
12.2 Were Beyond Homes to demonstrates that you, as a guest, have damaged their property or any of their personal material goods or other existing type in the property(“Claims for Damages and Injuries ”), the User in this behavior accepts, recognizes and authorizes that Beyond Homes directly discounts the necessary amounts for the repairing of the property or the restitution of the material goods from the guaranteeing down payment, contemplated in the numeral 9.1.2.
Were Beyond Homes to initiate against you a Claim for Damages and Injuries, you will have the opportunity to reply in the same manner. By agreeing to pay Beyond Homes, or by Beyond Homes determining accordingly to their exclusive criteria that you are responsible for the Claim for Damages and Injuries, Beyond Homes will charge you, after your stay, the corresponding amounts and/or will deduct, accordingly to the payment Terms, it from the guaranteeing down payment to make up for the claims for Damages and Injuries. Beyond Homes reserves the right to charge for this payment in any other way and to make use of any other resource Beyond Homes has as long as you are accountable for any Claim for Damages and Injuries.
12.3 Users accept to cooperate with Beyond Homes and assist it in good faith, to ease the use of information and adopt the measures that Beyond Homes requests, within what is reasonable, depending on how many Claims for Damages and Injuries and other complains the Users make relative to i) Properties or personal material goods and other existing type in them, ii) Experiences, iii) Services or iv) Reservations with Group Payment.
13.1 We reserve the right to charge and retain the corresponding taxes accordingly to the amounts by law.
13.2 It is understood that any agency, department and/or competent authority (“Fiscal Authority”) in which you are staying is able to demand the due payment of taxes from guests so that they can be remitted to the corresponding Fiscal Authority. Laws can vary, yet taxes can be charged and remitted proportionately either by day or any other variant based percentage on a fixed amount fee, these are sometimes called “ temporary occupancy taxes”, “hospitality taxes”, “accommodation taxes”, “municipal taxes”, “room taxes” or “turista taxes” (“Occupancy taxes”).
13.3 The total amount for Occupancy taxes, were there to be, collected and remitted by Beyond Homes will be visible and indicated by separate to the guests on their respective transaction documents.
13.4 It is agreed that any claim or cause for action related to the facilitation on behalf of Beyond Homes for the charge and transference of the Occupancy taxes, will not be extended to any supplier or seller used by Beyond Homes. In case there were, facilitation in relation to the charging and transferring, guests accept those additional charges may be made. In the case the charged or transferred taxes are not enough to completely cover your obligations with fiscal authorities, and that your only collected legal occupancy tax resource charged by Beyond Homes, with the authorized applicable procedures be refunded by competent fiscal authorities.
14. Prohibited Activities
14.1 You are the only responsible for the fulfillment of each and every one of the fiscal laws, norms, regulations and obligation that are applicable due to the usage of the Beyond Homes Platform. In regard to the usage of Beyond Homes Platform, you will not carry out the following actions or will you allow other to do so:
Privacy rights, or the design and layout from any page or f from included in a Beyond Homes Platform page, without the Beyond Homes’ express written permission;
tarnish, blur or harm through other means the Beyond Homes brand in any way , including among other , the unauthorized use of the Collective Content, the registration or the use of Beyond Homes or terms derived from domain names, commercial names, commercial brands, or other origin identifiers, or the registration or use domain names, commercial names, commercial brands, or other origin identifiers that closely imitate domains, commercial brands, slogans, de promotion campaigns or Beyond Homes Collective Content, or that are so similar that they are easily confused; use robots, spiders web, web worms, web scrapers and other means or automatic processes to access, pick up data and content , or interact in another with the Beyond Homes , Platform with the purpose of;
avoid, obviate, withdraw, deactivate, impede, not trust or try in any other way to divert a technological measure put into practice by Beyond Homes or by any of the suppliers or third parties with the sole purpose of protecting the Beyond Homes Platform; try to decipher, disassemble or decompile software used for offering the Beyond Homes Platform ore applying engineering techniques inversely to;
Adopting any action that harms of affects in an adverse way the proper functioning of the Beyond Homes Platform; export, re-export, importing o transferring the Application, except for inasmuch as American Laws, corresponding jurisdiction or applicable legislation authorize so; or infringe or violate the rights of any other person or harm them in any given way.
14.2 It is fully recognized that Beyond Home has no obligation to supervise a User’s access and usage of their platform nor revise, deactivate any access, nor modify any User’s Content, but it does have the right to act in such a way that , (i) it operates, protects and improves the Beyond Homes Platform (including, without limitation, with the purpose of preventing frauds, investigation and customer service); (ii) assure the compliance of these Terms on the Users’ part; (iii) comply with the current la legislation or a legal requirement order or emitted by law enforcement agencies and other administrative agencies or government organs; (iv) reply to or block User’s content that is determined to be ser harmful or offensive; or (v) accordingly to what is ordered in these Terms. Users accept to cooperate and assist Beyond Homes in good faith, as well as to provide information and adopt measures that Beyond Homes can request within what is reasonable regrading any investigation that itself or one of its representatives begins in relation with the usage and abuse of the Beyond Homes Platform.
15. Validity period and Termination, Suspension and other Measures
15.1 This contract will be valid as long as its User is active, nevertheless, Beyond Homes reserves the right to cancel this Contract in which ever time and way, which must be done by sending a notices at least thirty (30) natural days before its cancellation date, such notice must be sent via email, being the one registered on the account.
15.2 You are able to cancel the present Contract by means of the cancellation of your Beyond Homes User’s account, by doing so automatically all the reservations will be cancelled and any refund will depend on the terms of the Property, Service or Experience cancellation policy.
15.3 Beyond Homes is able to cancel and/or impede access to the Beyond Homes Platform, with immediate effect and without previous notice, in case you have substantially infringed your obligations in virtue of the present Terms and/or the payment Terms.
15.4 Once the Contract has been cancelled, you will have no right to reestablished your account in Beyond Homes nor any element from your User’s Content. Were your access to your Beyond Homes Platform or your account has been suspended or if your present Contract has been cancelled, you will not be able to register a new Beyond Homes account nor access or use the Beyond Homes Platform through another User.
You acknowledge and agree that, to the fullest extent permitted by law, the entire risk arising out of your access to and use of the Beyond Homes Platform and the Group Content, your posting or booking of any Property, service or experience through the Beyond Homes Platform, your stay in any Lodging, your participation in an Experience or Event or your enjoyment of any Beyond Homes Service or the Group Payment Service or any other interaction you have with other Users, whether in person or online, is yours.
Neither Beyond Homes nor any other party involved in creating, producing or delivering the Beyond Homes or the Collective Content will be liable for any, incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, interruption of service, computer damage or system failure or the cost of replacement products or services, nor for any compensation for damages due to personal or physical injury or emotional suffering arising out of or in connection with (i) these Terms, (ii) the use of, or the inability to use, the Beyond Homes Platform or the Collective Content, (iii) any of the communications, interactions, or (iv) your posting or booking of a Property, service or experience, including the provision or enjoyment by Beyond Homes Services of a Property, service or experience.
17. Responsibility Outline
17.1 Should you opt to use the Beyond Homes Platform or the Collective Content, you do so voluntarily and at your own risk. The Beyond Homes Platform and the Collective Content are provided “as is” without warranty of any kind, either express or implied.
17.2 You agree that you have had the opportunity to inform yourself of Beyond Homes Services, legislation, rules or regulations that may apply to your Property, service or experiences and/or Beyond Homes Services that you receive and that you are not relying on any statement of fact or law made by Beyond Homes in connection with a Property, service or experience.
17.3 If we decide to perform an identity verification or background check on any User, to the extent permitted by applicable law, we disclaim any warranty of any kind, whether express or implied, that such checks will detect past misconduct by a User or that a User will not engage in misconduct in the future.
17.4 You fully accept that some Experiences, Events and other Services from Beyond Homes or the Payment Service Group can undertake an intrinsic risk and by participating in these services you are deciding to assume voluntarily these risks that may bring upon illness, injury, disability or death. Assuming full responsibility for the choices you make before hand, during and after your participation in a Property, service or experience or in a Group Payment Service. In case you bring a child as an additional , you completely accept that you will assume la exclusive responsibility for this child’s supervision through out the whole Beyond Homes Service in the maximum measure in which is permitted by legislation you agree to exonerate Beyond Homes of any responsibility y claim that could come about from any given injuries, death, loss o damage upon this child during the Beyond Homes Service or related in any which way to the minor.
17.5 The prior responsibilities are applied in the maximum measure permitted by legislation. It is possible for other conferred rights to assist by law or through our regulations. Nevertheless, the duration of the legal guarantees or necessary regulations , in case there were any, will be limited to the maximum measure in which is permitted by legislation.
17.6 Information, Software, Products and los Services published in the Platform can include inaccuracies or errors, even, errors in the price. Particularly, the Beyond Homes companies and Members do not guarantee the accuracy and disclaim any responsibility for any error or other lack of precision related with the property , service or experience information and description that is shown in this Platform. In addition , Beyond Homes reserves the expressed right to correct any error in the price of its Platform and/or pending reservations made under the incorrect price. In such case, if it corresponds, you will be offered the possibility to keep you pending reservation at the correct price or your reservation will be canceled with out any penalty applied.
17.7 The Property evaluations that are posted on this Platform are foreseen as a general guideline for Beyond Homes and do not guarantee their precision. Beyond Homes and its respective suppliers cannot give any guarantee on the availability of specific services or products. The Beyond Homes companies and members along with their respective suppliers can make improvements and/or modifications on the website at any given moment.
17.8 Beyond Homes and its respective suppliers do not carry out any representation about the adequacy of the information, software, products and services included in this website for any given purpose, the inclusiveness or offering of any product or service about website, it does not constitute any promotion or recommendation of such products or services on Beyond Homes part. Such information, software products and services are proportioned “in the state in which they are found” without any type of guarantee.
17.9 Under no point of view will Beyond Homes and and/or its respective suppliers be responsible for any direct, indirect, punitive, incidental, especial or consecutive harm that comes about or is related in any certain way to the access, visualization or use of this Platform or with the delay or access or visualization inability, or use of this website (including, among others, your dependency on comments that appear on our website; any computer virus, information, software, related links, products and services obtained through this website; or on the contrary that come about because of the access, visualization or use of this website) being based on a theory of negligence, contract, grievance , strict responsibility, consumer protection status or what ever it may be , even if Beyond Homes and/or its respective suppliers were to be warned about the possibility this damage.
17.10 If , despite the prior limitation, it is found that The Beyond Homes companies and members or its respective suppliers are responsible for loss or damage that comes about or is related in any which way with any of the mentioned events inside previous numerals, then Beyond Homes and/or its respective suppliers responsibility will be limited to paying 100 USD (One hundred dollars United States of America Legal Currency) or its equivalent in local currency.
The User in this act, accepts, recognizes and is obliged to take out in peace and save, to indemnify and hold harmless and free of all responsibility Beyond Homes and its affiliates and subsidiaries, including, without any limitation, just as its responsible people, directives, employees y agents, against and facing any claim, responsibilities, compensation for damages, loss and expenses, including, without limitation, the reasonable expenses for legal and accounting consultation , that come about from, or that are in any way related with (i) the lack of fulfillment on your part of these Terms or of our Policies or Norms, (ii) the inappropriate use on your part of the Beyond Homes platform or of any of the Beyond Homes Services, (iii) your stay on a Property, your participation on an Experience, Event and, without limitation, any injury, loss or compensation for damages (iv) The Occupancy tax charges or transference on Beyond Homes part or (v) an infringement on your part of any of the laws, normative or third party rights.
19. Applicable law and jurisdiction
19.1 This website is operated by an entity of the United Mexican States with fiscal domicile in the City of Irapuato, Guanajuato and this Agreement is governed by the laws of such entity. You hereby consent to the exclusive jurisdiction and venue of courts in the City of Irapuato, Guanajuato in all disputes arising out of or relating to the use of this website. Use of this web site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
19.2 You agree that no joint venture, partnership, or employment relationship exists between you and Beyond Homes Enterprises as a result of this Agreement or use of this web site.
19.3 Our compliance with this Agreement is subject to existing laws and legal process and nothing contained herein limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us in connection with such use. To the fullest extent permitted by applicable law, you agree to bring any claim or cause of action arising out of or related to your access to or use of this Website within one (1) year after such claim or action arose or accrued or such claim or cause of action is irrevocably waived.
19.4 If any part of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce that or any other provision in the future.
19.5 This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Beyond Homes, Inc. with respect to this web site, our services and your business and relationships with us and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us. A printed version of this Agreement will be accepted and any notice provided in electronic form will be acceptable in judicial and administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20. General Dispositions
20.1 Except for complements that may be formed by additional terms and conditions, policies, guidelines or rules, these Terms constitute the entire Agreement between Beyond Homes and you with respect to the subject matter hereof, and supersede any and all agreements or understandings, oral or written, between Beyond Homes and you with respect to access to and use of the Beyond Homes Platform.
20.2 No partnership, cooperation, employment or agency relationship exists between you and Beyond Homes as a result of this Agreement or your use of the Beyond Homes Platform.
20.3 These Terms do not confer and are not intended to confer any rights or remedies on any person outside the parties.
20.4 If any of these Terms is held to be invalid or unenforceable, such provision shall be struck out and shall not affect the validity and effect of the remaining provisions.
20.5 The failure of Beyond Homes to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless we acknowledge or agree thereto in writing. Except as expressly provided in these Terms, the exercise by either party of any of its remedies under these Terms shall be without prejudice to its other remedies under these Terms or otherwise provided by law.
20.6 You may not assign, transfer or delegate this Agreement or your rights and obligations under this Agreement without the prior written consent of Beyond Homes. Beyond Homes may assign, transfer or delegate this Agreement and any of its rights and obligations under this Agreement in its sole discretion with 30 natural day notice.
20.7 Unless otherwise indicated, any notice and other communications to users, necessary or permitted under this contract, will take place electronically and will be delivered by Beyond Homes by e-mail, or by notification on the platform Beyond Homes.
20.8 If you have any questions about these Terms, you can email us at firstname.lastname@example.org
Last updated: January 01, 2023
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