BY USING THE SITE, APPLICATION AND/OR SERVICES, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS (“TERMS”), WHETHER OR NOT YOU BECOME A REGISTERED USER. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND SERVICES AND ALL NOMADROOF CONTENT, AND CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND NOMADROOF. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO OBTAIN INFORMATION FROM OR OTHERWISE CONTINUE USING THE SITE, APPLICATION AND/OR SERVICES. FAILURE TO USE THE SITE, APPLICATION AND/OR SERVICES IN ACCORDANCE WITH THESE TERMS MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES.
THE SITE, APPLICATION AND SERVICES OF NOMADROOF CONSIST OF AN ONLINE PLATFORM FOR HOUSING ACCOMMODATION IN WHICH HOSTS MAY CREATE LISTINGS FOR ACCOMMODATION AND TENANTS (DEFINE BELLOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS DIRECTLY WITH HOSTS. YOU UNDERSTAND AND AGREE THAT NOMADROOF IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND TENANTS, NOR IS NOMADROOF A REAL ESTATE BROKER, AGENT OR INSURER. NOMADROOF HAS NO CONTROL OVER THE CONDUCT OF HOSTS, TENANTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
1. Key Terms
“Nomadroof Content” means all Content that Nomadroof makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Accommodation or property” means residential and other type of properties.
“Listing” means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.
“User” means a person who uses, navigates or register through http://www.nomadroof.com and any other websites through which Nomadroof makes the Services available (collectively, the “Site”) and as an any mobile devices (the “application”).
“Host” means a user who agrees with NOMADROOF on publishing a Listing via the Site, Application and Services in order to be booked by Users. Hosts can be individuals, companies or any other entity that owns or manage properties to rent for more than one month.
“Tenants” means a user who requests from a Host a booking of an accommodation via the Site, Application or Services, or a user who stays at an Accommodation and is not the Host for the associated accommodation.
“Check in / roof in date” means the date in which the Tenant moves in the Accommodation.
“Check out / roof out date” means the date in which the Tenant moves out the Accommodation.
“You” means a User, Tenant or Host (as applicable).
“Booking Request” means when a Tenant clicks on “Booking Request” button through the Site, Application or Services. The Booking request contains the check-in dates, check-out dates, tenant’s service fee and the amount of the first month’s rent corresponding to the Accommodation. Host may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Booking service fee” means the fee paid through the site by Tenants when he/she books through the Site, Application or Services.
“Marketing Material” means photography, videography, and any other marketing material designed, created and developed by Nomadroof or any of its subcontractors.
”Host Service Fee” means the fee agreed by the Host to be discounted from the first month’s rent that he/she receives when a Tenant pays the booking through Site, Application or Services .The fee is calculated based on the total contract value of the booking confirmed by the Host.
“User Content” means all Content that a User posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Nomadroof promotional campaign to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added tax (VAT), and other similar municipal, province or state indirect or other withholding and personal or corporate income taxes.
2.About these Terms and Conditions
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. YOU ALSO CONFIRM THAT YOU OBLIGE THE NATIONAL LAWS AND OBLIGATIONS OF THE COUNTRY WITH RESPECTS TO RENTING AND SUBLETTING. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
3. Amendments and Modifications
Nomadroof reserves the right to amend, modify and update its Terms and Conditions, including booking fees at any time. When we do, we will revise the updated date at the top of these Terms on the Site and/or Application or provide you with notice of the modification. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
4. Nomadroof’s Site, Application and Services
The Site, Application and Services served as a platform that allows Tenants to browse, search and book Accomodation at the Locations available and allows Hosts to advertise Accommodations to Tenants.The Accomodations are included in Listings on the Site, Application and Services by Nomadroof.
Nomadroof provides booking services to Tenants, and Hosts, but it does not offer Accommodation to Tenants on its behalf nor does owns, sells, resell, furnish, provide, rent, re-rent, lease, sublease, manage or control properties. Any rental, lease or sublease agreement shall be entered into between the Tenant and the Host directly. Nomadroof will not be a party to such agreement and will have no rights or obligations arising out of it.
The registration of users is required in order to make use of the Site and Application of Nomadroof. Hosts register when putting a listing of their accommodation online. Tenants register when contacting Host or requesting a booking to an accommodation. Registration is free of charge and requires that users accept Nomadroof’s General Terms and Conditions. The user agreement between Nomadroof and the user arises on acceptance of the terms and conditions.
Registration is available only to natural persons, legal persons and partnerships that are fully legally competent. The registration of a legal person or partnership may be performed only by a natural person with power of representation who must be named. When registering, only individual persons may be given as the owner of the user account (i.e. no married couples or families).
Registration as a Host is accepted or denied by Nomadroof as its sole discretion. Nomadroof has the right to publish or not to publish a listing of an accommodation by a Host.
When registering, the user undertakes to provide accurate, up-to-date and complete information as required by the registration form, in particular first and last name, current address (not a PO box), a valid e-mail address and, where appropriate, the name of the company and an authorized representative. The data must be up-to-date and correct at all times. Multiple registrations under different member names are prohibited. User can register via Facebook account, Gmail account, or email adress. When registering, the user chooses a password to accompany his/her email address.
The user can receive contractual declarations at his/her stated e-mail address.
A user account and password is personal and can therefore not be transferred to any other person. The user is liable to Nomadroof for all actions performed ushing his/her user account, unless the user is not responsible for the misuse of his/her user account.Once the user is aware that third parties have access to his/her user data or have otherwise gained access to his/her user account, he/she must notify Nomadroof of this immediately. Nomadroof is entitled to then block the user account until the situation has been clarified.
6. User Obligations and Information Displayed in the Site, Application and Services
The user is the solely responsible for all content that he/she places on the platform. In his/her relationship to Nomadroof, he/she commits not to place illegal content on the platform and to refrain from actions that violate laws.
Nomadroof tries hard to ensure that all information published on the Site, Application and Services is clear, accurate, complete and not misleading. We also try to ensure that only Accommodation that meets certain standards of cleanliness, decor, building safety and finish, facilities and customer service are listed on the Site, Applications and Services. However, as we do not provide the Accommodation, we cannot guarantee this. The Host is responsible for ensuring that the accommodation he/she offers is described correctly and completely. He/She must provide the information in Nomadroof’s required fields at a minimum so that the accommodation and the offer are described with sufficient accuracy. We do not verify the accuracy or currency of any information uploaded or provided to us by Hosts unless we have expressly stated that we do. In addition, Hosts are free to stipulate further conditions such as the amount of a security deposit, the cost of cleaning service, etc.
The user undertakes to keep the information in his/her user account up-to-date and accurate at all times, i.e. to correct it immediately in the event of a change or delete the room from the platform in case tenant and host have agreed on rental. If you are a Host, you acknowledge and agree that you are the solely responsible for the content of the information uploaded or provided to us in respect of any Accommodation offered on the Site, Application and Services.
Tenant acknowledge and agree that we will have no liability in respect of any information uploaded to the Site, Application and Services or provided to us by Host about the Accommodation and that your proper remedy in respect of any loss or damage you may suffer arising out of or in connection with the information displayed in respect of the Accommodation is against the relevant Host. If accommodation has been verified by Nomadroof, Nomadroof shall be responsible for the verified information only. However, Nomadroof shall not be liable for any changes to the Accommodation after its verification.
Regarding the accommodation of a Host that has been verified by Nomadroof, Host acknowledge that the photos taken of his/her accommodation, and/or any other marketing materials performed by Nomadroof related to his/her accommodation, belongs to Nomadroof and will not be send over to him/her, but will be uploaded to the corresponding accommodation’s listings. Host automatically grants permission to Nomadroof to upload the photos to the corresponding listing on his/her behalf by accepting the photography session and/or the marketing material session performed by Nomadroof or their contractual third-parties.
Host has the option to ask Nomadroof’s staff for language translation of the description and information that Host add on his/her accommodation listing . Nomadroof will provide such service at its sole discretion and if it does, Nomadroof will email a draft of such translation to be revised by Host. Host can reply to the email sent, by confirming the acceptance or denial of such language translation. If accepted, host automatically grants permission to Nomadroof to post such translation in the Host’s listing on his/her behalf. If there is no reply of the email regarding the language translation within 48 hours, Nomadroof understands that Host has accepted the translation as it is and will post it on his/her behalf. The language translation may contain syntax errors as it is a simple language conversion. Host acknowledge and agree that he/she is the solely responsible for the content of such language translation. Host and tenant knowledge and agree that Nomadroof shall not be liable of such language translation as it is perform by Nomadroof in good faith.
The Host acknowledges and agrees that Nomadroof does not act as an insurer or as a contracting agent for you. Nomadroof recommends that Hosts obtain appropriate insurance for their Accommodations.
We reserve the right to remove without notice all or any part of any Accommodation listed on the Site, Applications and Services in respect of which we receive a complaint (or otherwise conclude) that it is out of date, inaccurate or breaches the rights of a third party. We will use reasonable efforts to process and act on such complaints reasonably and promptly.
Tenants are advised to read any documentation carefully and ensure that they understand the cost of the Accommodation (i.e. the rent and any other costs) and the terms and duration of the rental, lease or sublease agreement and any restrictions on the usage to which the Accommodation can be put.
7. Content and Rights
Within the framework of the Site, Application and/or Services, hosts can present to potential tenants using a variety of media. Certain rules must be complied with to ensure that the various media are utilized legally so that neither the user nor Nomadroof can be made liable. These rules derive, for example, from laws protecting copyrights and brands in addition to these Terms and Conditions.
Nomadroof saves for the user the multimedia content uploaded by him/her (images, text, etc.) or merely arranges the necessary memory space and access to it. Users themselves are the solely responsibles for the content they upload to the Site and/or Application -unless stated otherwise by Nomadroof in these Terms and Conditions-and indemnify Nomadroof against all third-party claims resulting from this. In particular, this indemnification also includes the costs of appropriate prosecution and legal defence.
Users will ensure that the uploaded content does not violate applicable law or legal provisions, common decency, or in particular third-party rights (naming rights, personality rights, copyright, data protection rights, etc.). In particular, users undertake not to upload content that violates the terms of any applicable laws or treaties. The user also undertakes not to utilize content that is pornographic, glorifies violence, or is race baiting. This also applies to the sending of e-mails and other electronic communication media of the Site, Application and/or Services.
By uploading multimedia content, users transfer to Nomadroof a free, revocable, unlimited, non-local right of use that can be sub-licensed to the multimedia content uploaded to Nomadroof by the user. In particular, the right of use comprises the right to process the multimedia content for the purposes of the platform and to make it available to the public offline, in printed or electronic form, by wired or wireless connection, in such a way that it is accessible to members of the public at places and times of their choosing, including playback on their chosen receiver terminal that allows online access, in particular stationary and portable computer and mobile handheld devices such as smartphones, tablets and similar equipment. The usage rights also include the right to integrate multimedia content, including advertising media, on websites from Nomadroof’s contractual partners.
Nomadroof is free to use any comments, information, pictures or ideas contained in any communication user may send to Nomadroof without compensation, acknowledgement or payment to user for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the services or website or other products or services. For the avoidance of doubt, all such information will be deemed by Nomadroof to be non-confidential and non-proprietary, and user agrees that such information may be used by Nomadroof without any limitation whatsoever.
User explicitly agrees that Nomadroof is free to read any messages sent between users. Nomadroof may read these messages to improve user experience, solve conflicts between users or for other reasons Nomadroof deems appropriate.
User agrees that Nomadroof is free to republish and make use of any information published by you on the Site, Application and/or Services without acknowledging user as the source of such information and/or creator of such content. In general however, Nomadroof will make an attempt to provide a link back to user’s page when posting content on other third party sites, such as Facebook or any of our contractual partners. User hereby irrevocably waives all moral rights to any content placed on the Site, Application and/or Services.
User explicitly allows Nomadroof to use and show user’s (Facebook) profile picture on its website www.nomadroof.com.
The content offered via Nomadroof is protected by copyright. The Site, Application and Services are generally accessed and utilized individually by a natural person using a web browser. The use of technologies such as web spiders, crawlers, or similar programs, the purpose of which is not just the indexing of content but also the mass accessing and saving of content of Site, Application and Services is prohibited. This also applies in particular to technologies that enable so-called screen scraping and other third-party services.
In the event of a violation of these prohibitions and the guidelines of these Terms and Conditions, Nomadroof is entitled to refuse acceptance of content, to delete and block content immediately and to delete the pages and links to them immediately. In such cases the user has no right to the restoration of his/her multimedia content on the internet platform or the release of his/her deleted user profile.
8. Booking Process
The use of the secure booking service, offered by Nomadroof, is mandatory for all Site and Application users.
Tenant may submit a Booking Request for Accommodation through Nomadroof’s Site, Application and Services. Tenant must select the dates and Accommodation that he/she wishes to book and then click the “Booking Request” button. The User will receive an email confirming that a Booking Request has been submitted.
The Tenant warrants that he/she is of legal age to enter into a contract such as a Rental, Lease or Sublease Agreement in the country where the Accommodation is located and acknowledges that, if the Tenant is in breach of this warranty, then Nomadroof shall be entitled to retain any Service Fee that has been paid by the Tenant as compensation for breach of this warranty by the Tenant. It is the Tenant’s responsibility to insure that he/she can legally contract with the Host.
The Host receives the booking request and he/she has the right to accept it or reject it within 48 hours the booking request has been submited by Tenant. If he/she accepts the booking request, the system creates and sends to Tenant an invoice for authorization for the First Month’s Payment, Service Fee and Reservation Deposit (if applicable). This invoice is sent through a weblink notification via e-mail and it can be seen in My Reservations, located in Tenant’s Dashboard.
The Tenant will be asked to complete certain personal details and provide payment details for the First Month’s Rent Payment, Service Fee and Reservation Deposit (if applicable) as part of a Booking Request.
Once the payment of User is confirmed, Nomadroof will notified both parties that the booking request has been successful.
9. Confirmation of a Booking
The Host can accept or reject any Booking Request. If the Booking Request is rejected, Nomadroof will promptly notify the User by email and immediately and will make reasonable efforts to suggest other suitable accommodations. If the Booking Request has been accepted, a confirmation email will be sent to both parties stating the process for completing the Booking. To complete the Booking, Tenant will have to pay the invoice that Nomadroof will sent him/her which includes the First Month’s Rent Payment, the Service Fee and Reservation Deposit (if applicable). Once the payment of Tenant is confirmed, Nomadroof will promptly notify both parties that the Booking is confirmed.
Once a Booking has been confirmed, it is the Tenant’s responsibility to
(a) comply with any further requirements that the Host or Accommodation Provider may have. This may include (but not be limited to) the provision of character references and/or guarantor information. This information can also be required by the Host or Accommodation Provider before accepting the Booking Request. In such cases the User will be informed that such information will be required; and
(b) comply with the Rental, Lease or Sublease Agreement, and to make, promptly and in full, all required payments to the Host or Accommodation Provider, as may be required either by these Terms of Service or the Rental, Lease of Sublease Agreement.
The Host agrees that once the Booking Request is paid by Tenant, it is bound to provide the Accommodation for the dates and at the price stated on the Booking Request and, further, that the details, condition and facilities of the Accommodation are not materially different from those stated on the Nomadroof’s listing. Failure to do so may result in cancellation by the Tenant (who may be entitled to a full refund).
10. Cancellation Policy & Refunds
A Tenant is permitted to cancel a Booking only in accordance with the terms of a Rental, Lease or Sublease Agreement, and under the cancellation policy stated bellow. Under all cancellation policies, the Nomadroof booking service fee is non-refundable unless stated otherwise in these Terms and Conditions. The following are the cancellation policies.
(a) If tenant cancels less than 30 days prior the check-in date, Nomadroof will not refund the first month’s rent amount already captured after the booking confirmation. Thus, the Tenant will lose the first month’s rent. Nomadroof will transfer the first month’s rent to the host, to compensate the host for the loss of an empty room.
(b) If tenant cancels between 30 days and 60 days before the check-in date, Nomadroof will refund 50% of the first month’s rent to the Tenant. Nomadroof will transfer the other 50% of first’s month rent to the host, to compensate the host for the loss of an empty room.
(c) If tenant cancels with more than 60 days before the check-in date, Nomadroof will refund the 100% of the first month’s rent to the tenant.
A refund in other ways different that the ones stated in these Terms and Conditions will not be given in other circumstances which include, but are not limited to: accommodation that is not according to taste; accommodation that is not in line with religious ideology (including living with people from another sex); accommodation that is not clean, accommodation that turns out to be in a less safe neighborhood; accommodation that has noise complaints; accommodation is not suitable to the tenant because of medical reasons; accommodation has a minor malfunction that could not have been known in advance; the tenant is hindered in coming to the accommodation because of a change of plans, travel delays, illness or having made a double booking.
Tenant’s 24 hours check policy
- The tenant has the obligation to inform Nomadroof and the Host about any claim within 24 hours after the start of the rental, lease or sublease period. The tenant has to substantiate his claim and provide proof. If Nomadrof finds the tenant’s claim to be convincing, it will refund the rent and the booking fee charged by Nomadroof to the tenant. If the tenant does not inform Nomadroof about any problems within 24 hours from the start of the lease onwards, the tenant is expected to have agreed with the room as it is. Nomadroof will then transfer the payment of the rent to the host.
- In the case of a dispute between tenant and host or accomodation provider, Nomadroof advises parties to solve it themselves. If this turns out to be impossible, parties can provide Nomadroof with the information and possible proof of the dispute. After taking all the provided information into consideration, Nomadroof makes a decision about the dispute which will be binding for both parties.
- Should a Host cancel a booking reservation after the Tenant’s payment of the first month’s rent payment, Tenant is entitled to a full refund of the service fee and first month’s rent payment and reservation deposit (if applicable).
11. First Month’s Rent Payment
The First Month’s Rent Payment is a contractual reservation fee payable by the Tenant to Nomadroof, which it receives on behalf of the Host and holds in trust for the Host.
Within one business day of the Check In Date, unless otherwise agreed in writing with Nomadroof, Nomadroof shall pay to the Host, subject to deductions for the Nomadroof host fee, the First Month’s Rent and Holding Deposit (if applicable). The host fee is a percentage of the First Month’s Rent that is deducted when transfering the First Mont’s Rent to Host.
Nomadroof is not a member of any deposit protection scheme in respect of such First Month’s Rent Payment and will not be holding any damages deposit or performance deposit for the Host/ which they request from the Tenant.
The Host must ensure that:
- A correct PAYPAL or IBAN/BIC bank account is provided. Nomad roof will transfer the rent to the bank account provided and is not liable if this bank account is not correct. Nomadroof’s obligations towards provider will cease to exist once Nomadroof has transferred the rent to the bank account provided by host. Whether this bank account is correct or not is to remain the risk of the host and does not stand in the way of releasing Nomadroof from its liabilities.
- A correct ID number and full name of Host is provided when Nomadroof sends to Host a document via email that has to be fill out with the information requested for transferring the first month’s rent. After Host send back the document, Nomadroof will transfer the rent to a local bank branch where host can picked up the first month’s rent minus applicable deductions.
- The description of the accommodation and the images used do not violate the law or third-party rights and that they relate only to the host on offer;
- A successfully booked accommodation is indicated accordingly or removed from the Site, Application and/or Services;
- Information uploaded does not constitute references to third-party content;
- He/she complies with public law regulations, particularly those for payment, factoring and tax law obligations, which may also include any obligations under sales tax law or indirect tax obligations. The host will be the solely responsible of the obligations and duties of the offer content. Nomadroof is entitled to verify the offer of the users and ask for the corresponding proofs.
- Once a tenant has requested renting the accommodation, host is not allowed to request a higher price than requested in the original listing.
12. Security Deposit, Cleaning Fee and Other Extra fees
The host is entitled to charge a security deposit, cleaning fee and any other extra fee in his/her listing. If a host demands a security deposit, a cleaning fee and other extra fees from the tenant on the day of arrival, corresponding information on the amount of the security deposit, cleaning fee or other extra fee, and the payment method must have already been mentioned in the listing or discusses previously in the message center. The amount of the security deposit must be stipulated prior to the booking. It must also be clarified in advance when the amount must be paid (e.g. upon moving in).
If the host did not mention the security deposit, cleaning fee or other extra fee when advertising his/her accommodation, but demands any of the payments stated above at a later time and the tenant does not agree, this constitutes a refusal to render performance by the host under the agreed contract. In such cases, the tenant reserves the right to cancel the booking after which the host is obligated to refund the tenant.
Nomadroof is not responsible for the administration of security deposits, cleaning fees and any other extra fees or for any claims asserted by the host.
The host will be responsible for refunding the security deposit to the tenant at the end of the lease.
13. Rental, Lease or Sublease Agreement
The Rental, Lease or Sublease Agreement is created when the Host and the Tenant agree to the terms for the Tenant’s occupation of the Accommodation. The Rental, Lease or Sublease Agreement shall be entered into between the Tenant and Host, and Nomadroof is not a party to any of these agreements.
Nomadroof shall not be responsible or liable for any failure or deficiency in the performance of the Rental, Lease or Sublease Agreement by the Host and/or for any defect in any Accommodation provided by the Host.
Nomadroof shall not be responsible or liable for any failure or deficiency in performance of any contract by the Tenant, including, but not limited to, changes in Contract Check-in Date and/or check-out dates. The Host must utilize its own resources to enforce any aspect of the Rental, Lease or Sublease Agreement (including Contract Check-in Date and check-out dates) with the Tenant. Nomadroof shall have no responsibility to the Host for any performance failure on the part of a Tenant.
14. Collecting the remaining monthly rent payments
After the Tenant has either signed a Rental, Lease or Sublease Agreement or other definitive legal document with the Host, or has moved in, it is the responsibility of the Host to collect the rent each month. Nomadroof takes no responsibility for the collection of the following rent installments.
15. Your Conduct
In making any Booking Request and authorizing the Service Fee, First Month’s Rent Payment (and the Reservation Deposit, (if applicable) for an Accommodation, the Tenant agrees that he/she shall not seek to circumvent Nomadroof by attempting to arrange a Booking with the Host outside of the auspices of Nomadroof.
In using the Site, Application and/or Services, and/or accepting any introduction of a Tenant for a selected Accommodation, the Host agrees that it shall not seek to circumvent Nomadroof by trying to arrange a Booking with the Tenant directly and outside of the auspices of Nomadroof. Nomadroof reserves the right to deactivate a Host’s account at any time for any reason.
By downloading and/or using the Website, you agree not to upload, post, email or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services or the Nomadroof site and applications.
Users agree to keep their username and password confidential, not to disclose their password to any other person and not to permit any other person to log in to the Nomadroof Site or application using their username and password.
You agree not to interfere with the servers or networks connected to the Nomadroof’s Site and/or Application or to violate any of the procedures, policies or regulations of networks connected to the Site and Application, including these Terms and Conditions. You also agree not to
(a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Site and Application to any third party, to jeopardize the functioning of the Site and Application, or to otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the site and application;
(b) attempt to gain access to secured portions of the site or application to which you do not possess access rights;
(c) impersonate any other person while using the Nomadroof site or application;
(d) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Nomadroof site or application;
(e) resell or export the software associated with the Nomadroof site and application;
(f) use the Nomadroof site and application to generate unsolicited advertisements or spam; or
(g) use any automatic or manual process to search or harvest information from the Nomadroof site and application, or to interfere in any way with the proper functioning of the site and application.
16. Nomadroof’s Rights
In providing you with access to the Site and Application, Nomadroof reserves the following rights, and in accessing, browsing or otherwise using the Site, Application and/or Services you grant to Nomadroof and agree that Nomadroof shall have the following rights:
(a) the right to refuse or withdraw your access to the Nomadroof Site and Application for any reason at any time (with or without notice) if in Nomadroof’s sole and absolute discretion you violate or breach any of these Terms and Conditions;
(b) the right to suspend, amend or disable your profile without giving you notice or any reason;
(c) the right to report you to the police or other judicial body ifNomadroof believes in its sole and absolute discretion that your conduct (whether in using the Site, Application, our Services or otherwise) is unlawful.
17. Nomadroof’s Intellectual Property
Nomadroof and/or its licensor(s) are the sole owners of the Site, Application and Services, which includes any software, domains, and content made available through the Site, Application and Services. The Site, Application and Services of Nomadroof are protected by U.S. and international copyright and other intellectual property laws.
Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Nomadroof Site, Application and Services (or any part of it) or any material provided through the them without Nomadroof’s prior express written consent.
Nomadroof and its graphics, logos, icons and service names related to the Site, Application and Services are registered and unregistered trademarks or trade dress of Nomadroof. They may not be used without Nomadroofs prior express written permission.
You agree that Nomadroof owns the copyright for any marketing material and content, whether textual, graphic, photographic or video that it creates and publishes on its website and you may not sell, export, license, modify, copy, distribute or transmit this content to any third party.
You grant Nomadroof a royalty free, non-exclusive, non-transferable, irrevocable, worldwide licence to use your intellectual property rights solely to the extent necessary to allow Nomadroof to provide the Services to you. For clarity, such use might include such matters as displaying your name and logo next to an Accommodation listing, or providing a link to your website.
Additionally, you grant us a royalty free, non-exclusive, non-transferable, irrevocable during the term of this Agreement, worldwide licence to use your intellectual property rights in your name, logo and brand get-up (your “Brand”) for the purposes of promoting the Service by means of referring on the Site, Application and Services, and in our public statements and publicity material to the fact of your participation in the Service, provided that in doing so we use reasonable efforts to ensure that we do not do anything which damages the goodwill in your Brand.
Nomadroof has implemented commercially reasonable technical and organizational measures to secure your personal information and user content from unauthorized use, but we do not guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and user content at your own risk.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Nomadroof is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Nomadroof of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
20. Electronic Communications
- By downloading and/or using the Site, Application and Services and/or material provided through the Site, Application and Services, you consent to receiving electronic communications and notices from Nomadroof. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You have the right to ask us not to process your personal data for such marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
The following cookies are used by Nomadroof:
- Functional cookies
- Cookies that make sure that our website works properly
- Cookies that enable us to measure the usage of our website
- Social media
- Cookies used to share the content of Site and Application on social media or any related website
- Cookies used to make more directed recommendations for you as a user
However, be aware that disabling the cookies used for our Site and Application, may impact your user experience of the Nomadroof platform.
23. No Warranty/Liability Limit
Nomadroof assumes no liability or responsibility for any errors or omissions in the Nomadroof Site, Applications or provision of the Services; any failures, delays or interruptions in the Site and Application; any losses or damages arising from the use of the Services or Site and Application; any conduct by users of the Services or Site and Application; or any liability of a Host arising from the immigration status of any Tenant. We reserve the right to deliver the Site, Application and Services in our sole and absolute discretion.
Nomadroof shall have no liability to a Tenant or Host beyond the sum total of the service fee paid by a Tenant or host fee paid by a Host. By using this site, you agree to this limitation of liability.
From time to time you may use or access services, promotions and websites of third parties (including without limitation Hosts). In using or accessing third party services, promotions and websites, you agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
From time to time Nomadroof may run promotions or incentives for the benefit of our Site and Application visitors, potential customers and customers. Nomadroof reserves the right to modify or remove these promotions at any time and may cancel any benefits or monetary payments under any promotion.
If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
- By using Nomadroof’s Site, Application and Services, you agree that these Terms and Conditions and any claim, dispute or controversy arising out of in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims), the Site, the Application, the Services, Nomadroof’s advertising or any related transaction between you and Nomadroof shall be governed by and construed in accordance with the law of the State of Florida.
- Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to resolution conducted under the auspices of the American Arbitration Association in an arbitration proceeding conducted in Miami, Florida.
Nomadroof may change or discontinue the Site, Applications and/or Services at any time without prior notice. We reserve the right to terminate these Terms and Conditions for any reason, without notice. these Terms and Conditions shall automatically terminate in the event that you violate any of the Terms and Conditions set forth herein (without prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease use of the Site, Application and/or Services.
These Terms and Conditions are agreed between you and Nomadroof. No person shall have any rights under or in connection with these Terms and Conditions.
If any court or competent authority decides that any term of these Terms and Conditions is invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
27. Contacting Nomadroof
If you have any questions about these Terms and Conditions, please contact Nomadroof here.