Acceptance of Terms
The website located at www.geenee.com (the “Site”) offers an interactive online service operated by Geenee Ltd, a limited company which is registered in England under company number 5430341 with its registered office at 1-4 Argyll Street, London, UK. (“Online Service Provider”, “our”, “us”, “we”) on the World Wide Web of the Internet, and consists of information, services, and content provided by the Online Service Provider and its affiliates, and third parties. “User” (“you”, “your”) means each person accessing the Online Service Provider’s website.
In proceeding you warrant that you believe the Agreement to be reasonable in its entirety.
Please report any violations of the terms of this Agreement by emailing us from our Contact Us page
Ordering and Acceptance Procedure
Online Service Provider provides a non-commercial individual home exchange and short term rental service and information relating thereto (the “Services”). To order Services complete a registration form on the Site and proceed as indicated on such form. We reserve the right to refuse to accept an order in whole or in part. We will send you email confirmation of acceptance of an order. We will not be obliged to commence any Services until we have sent such confirmation and have received payment for such Services. Payment terms are set out on our order form. Upon our acceptance of your order you will become a member (“Member”).
Password and User ID
Our Service requires Members to provide us with login identification and a password, which will be used to verify a Member’s identity and for our internal use in maintaining a Member’s customer account. It is in Members’ best interests not to disclose their password to any other person and Member is responsible for keeping his/her password confidential. As a Member you agree that we may assume the authenticity of and may act upon any instructions given by any person who uses your password or User ID. You are solely responsible for all transactions conducted using your password or User ID including all transactions a third party conducts using your password or User ID, irrespective of whether you have disclosed your password or User ID to that third party either intentionally or through carelessness.
You agree to notify the Online Service Provider immediately you become aware that your password or User ID has been compromised or that there has been unauthorised use of your password or User ID.
Access and Use of Website
The Site may only be used for noncommercial individual home exchange or short term rental purposes and for accessing information relevant to such home exchange or rental. You agree not to contact Members for any other purpose than to arrange a personal home exchange or rental transaction. Anyone who contacts Members for any other purpose than to arrange a personal home exchange or rental will, without prejudice to any other rights we may have whether under this Agreement or at law and as to damages or otherwise, be immediately barred from the Site.
We hereby grant you a limited, revocable, nonexclusive licence to access the Services for your own personal use. This licence does not include any collection, aggregation, copying duplication, display or derivative use of the Services nor any use of data mining, robots, spiders or similar data gathering and extraction tools for any purpose unless expressly permitted by us. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services provided they do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service which specializes in classified listing or in any subset of classifieds listings such as jobs, housing, for sale, services or personals, or which is in the business of providing classified ad listing services.
By joining the Online Service Provider Site, you, as a Member, agree that any home exchange, hospitality offer or rental transaction you arrange is between you and the other party. You agree that neither the Online Service Provider nor any of its affiliates bear any responsibility for the arrangement and it is completely incumbent upon you to find the right partner. We do not verify any persons who register and use the Services. We do not investigate Member’s reputation, conduct, morality, criminal background or verify the information the Member may submit to the Site.
Information appearing on the Site is for general information only and is subject to change. We make all reasonable endeavours to provide you with accurate and up-to-date information but we cannot and do not warrant that information contained on the Site is complete, accurate, or up-to-date.
While we use all reasonable endeavours to ensure that the material we post on the Site does not infringe the intellectual property rights of any third party because of the international nature of this Site and the international nature of intellectual property rights we are unable to warrant that your use of the material on this Site will not infringe the intellectual property rights of a third party. We can only state that, to the best of our knowledge and belief, your use of the intellectual property rights on this Site will not infringe the intellectual property rights of any third party.
You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, is vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without our express prior approval, contains advertising or any solicitation with respect to products or services.
Any conduct by a Member that in our discretion restricts or inhibits any other Member from using or enjoying the Site may, without prejudice to any other rights we may have whether under this Agreement or at law as to damages or otherwise, result in revocation of membership.
Members are entitled to post feedback on the Site of their individual home exchange or rental experience. Each Member acknowledges that such feedback is the personal opinion of the Member who posts the information and we have no control over the truth or accuracy of such feedback. You acknowledge that many thousands of properties are listed on the Site and it is impractical for us either to monitor each item of feedback or to evaluate such feedback for accuracy or fairness. Accordingly we cannot edit feedback and in most cases we do not remove feedback left for you by another Member. However if you believe that any feedback contains a defamatory statement or is otherwise unlawful please notify us immediately by e-mail at our Contact Page giving us full details of your complaint and explaining clearly why you believe the feedback is defamatory or otherwise illegal. Should there be any doubt as to the defamatory or otherwise illegal nature of the feedback we may require that you supply a written statement from a solicitor before we are able to consider removing the feedback. We will make reasonable efforts to remove any defamatory or otherwise illegal content of which we have been advised within a reasonable time. The membership of any Member found to post untrue or malicious feedback will be immediately terminated.
You must be at least eighteen years old to register to use our home exchange services and become a Member. By registering to use these services you warrant and represent that you are over eighteen years of age.
Each Member warrants that all information provided to us including personal information is complete, accurate and current. You warrant and represent that your information does not contain any virus, worm, or other program or material that has the ability to alter, delay, damage or interfere with the operation of the Site, is not false or misleading and does not contravene any law, statute or regulation.
It is a condition of the Agreement that your information does not contain text, images or website URLs that promote, either implicitly or explicitly, any accommodation for holidays, vacations or home exchange, that are provided by individuals, companies or organizations other than the Online Service Provider.
Member shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or other intellectual property right rests with the Member. Member may upload public domain materials and is responsible for and assumes all risks with respect to the determination of whether materials uploaded are in the public domain. Member shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such submission and hereby indemnifies Online Service Provider, its directors, officers, employees, agents, affiliates, successors, and assigns from any claim or demand, including reasonable attorney fees and court costs made by any third party due to or arising out of the information Member submits, posts or makes available through the Service, Member’s use of the Service, Member’s breach of any of the terms and conditions of this Agreement or Member’s violation of the rights of any third party. Member hereby grants the Online Service Provider a perpetual, worldwide, non-exclusive, royalty-free licence to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote all content posted by it on the Site in any form, in all media now known or hereinafter created and for any purpose, including but not limited to any material posted by Member on the Site’s bulletin boards and forums, and any email queries submitted by Member to the Online Service Provider. Specifically, without limitation, the Online Service Provider may from time to time reproduce selected User email queries on its bulletin boards or forums so that other Members may respond thereto.
Members should always use caution when publishing on the Site any personally identifying information about him/herself, his/her children or others.
Intellectual property in the Site
Copyright in the Site (including, without limitation, text, graphics, logos, icons, photos, videos, music, sound recordings and software) is owned or licensed by the Online Service Provider. The entire contents of the Site are copyrighted as a collective work and the Online Service Provider owns all copyright and database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Copyright and database rights in the Site is protected by all applicable national and international copyright and database laws and treaties.
You must not reproduce, transmit, distribute, adapt, modify, sell, publish or otherwise use any of the material on the Site except as permitted by statute or with the Online Service Provider’s express prior written consent. You agree not to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. You must not display any portion of the Site in a frame without our prior written consent.
All trademarks logos and service marks on the Site (“Trademarks”) are registered or unregistered trademarks service marks and logos owned or licensed by the Online Service Provider and others.
You may not use, reproduce or alter the Trademarks in any manner whatsoever except with the prior written consent of the Online Service Provider. Nothing on the Site will be construed as granting by implication, estoppel or otherwise any right, title or interest in the Trademarks to you or any other person. For the avoidance of doubt, you may not use any of our Trademarks as metatags on other websites.
Third Party Content Sites and Services
You acknowledge and agree that your use of such third party sites and information shall be at your own risk and that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party participant on this Site, you understand and agree that we are under no obligation to become involved.
Security of Information
The Online Service Provider shall have the right, but not the obligation, to monitor the content of the Site, including bulletin boards and forums, to determine compliance with this Agreement and any operating rules established by the Online Service Provider. The Online Service Provider shall have the right in its sole discretion to refuse to post or to remove any material submitted to or posted on the Site. Without limiting the foregoing, the Online Service Provider shall have the right to remove any material that it finds to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any User who fails to conform to any provision of this Agreement access to the Site. Removal or refusal to post materials submitted will be at the sole discretion of the Online Service Provider.
You understand and agree that because damages are often difficult to quantify, if it becomes necessary for us to pursue legal action to enforce these terms you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of our damages for the specified breaches of these terms:
(i) If you include within your listing information, or within your first message when contacting other members, any reference to any other website containing information about your property, or any reference to any other media containing information about your property, or any email addresses, you agree to pay us £230 per listing.
(ii) If you contact Members for any other purpose other than to arrange a personal home exchange or rental through the Online Service Provider you agree to pay us £115 for each time contact is made.
(iii) If you post messages in violation of these terms you agree to pay us £230 for each such message.
(iv) If you aggregate, display, copy, duplicate, reproduce or otherwise utilize any of the material on this Site (except as described in (i) above and except for your own content) you agree to pay us £750 for each day in which you engage in such conduct.
Otherwise you agree to pay our actual damages to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these terms, we retain the right to seek the remedy of specific performance of any term contained in these terms, or a preliminary or permanent injunction against the breach of any such term.
Note that with reference to i) above, the rule only applies to the first message to a member, and no longer applies once both members have agreed to discuss an exchange. You will be given each others email addresses, and will be free to confer via email about anything that you wish to discuss.
Limitation of Liability and Disclaimer of Warranties
We make every effort to check and test material at all stages of production however we do not warrant that your access to or use of the Site will be continuous, uninterrupted or totally secure. The Site may not be available from time to time due to upgrades or maintenance carried out in relation to the Site or for reasons which are outside our control. We may, in our discretion and without liability to you, with or without notice and at any time modify or discontinue, temporarily or permanently any portion of our Services.
It is always wise for you to run an anti-virus program on all material downloaded from the Internet. You agree that we are not liable to you for any loss, disruption or damage to your data or your computer system which may occur whilst using this Site or information Services or material derived from this Site.
You agree the use of the Site is entirely at your own risk and the Site and the Services are provided on an “as is” or “as available” basis without any warranties of any kind. To the maximum extent permitted by law, all express and implied warranties, conditions and representations about the Site, the accuracy or timeliness of the material provided on the Site and the services advertised via the Site, including, without limitation, the warranties of merchantability, fitness for a particular purpose and the non-infringement of proprietary rights are expressly disclaimed. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Neither the Online Service Provider nor any other party involved in creating producing, or delivering the Site, will be liable to you for any direct, incidental, special, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, or use of the Site or any linked websites or any Services or information offered to be supplied or advertised through the Site or failure or inability to use any of the above. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions limitations of liability are not permitted. In such jurisdictions some of the foregoing limitation may not apply to you.
To the maximum extent permitted by law, neither the Online Service Provider nor its officers, employees or agents will be liable in any way for any loss, damage, costs or expenses arising directly or indirectly which are suffered by you as a result of claims made against you by reason of your use of the Site or in connection with any Services or information supplied, offered to be supplied or advertised through the Site.
You indemnify and agree to hold harmless the Online Service Provider, its affiliates, officers, employees, agents, successors and assigns, against all claims, demands, actions, proceedings, costs, expenses, liabilities and loss and damages whether direct, indirect or consequential, of every kind suffered by the Online Service Provider, including reasonable attorney fees and court costs, made by any third party due to or arising directly or indirectly out of content you submit, post or make available through the Services, your use of the Services or as a result of any breach of your obligations under the Agreement.
Without limitation to the above, because our Site is merely a venue for the provision of information and to facilitate individual home exchange, in the event that you have a dispute with one or more Members you hereby indemnify us (and our officers, directors, members, employees, agents and affiliates) and hold us harmless from claims demands actions, proceedings, costs, expenses, liabilities and loss and damages whether direct, indirect or consequential, of every kind and nature, including reasonable attorney fees and court costs, arising out of or in any way connected with such disputes.
Most cookies last only through a single session or visit. They do not read your hard drive or contain any information that you have not voluntarily revealed. Most web browsers automatically accept cookies. If you choose to, you can set your web browser to reject cookies from our Service. However, rejecting cookies from our Site will prevent your full access to our Services.
Each and every provision of this Agreement is separate and severable. If any provision of the Agreement is invalid, void or unenforceable, all other provisions will be separately enforceable and will continue to be of full force and effect without regard to the invalid, void or unenforceable provision.
Without prejudice to any other rights it may have, whether under this Agreement or at law, the Online Service Provider reserves the right to suspend or terminate your access to or use of the Site, at any time, if you breach any of your obligations under the Agreement.
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Online Service Provider as a result of this Agreement or the use of this Site.
You agree to be responsible for all charges, fees, duties, taxes and assessments arising out of your use of this Site or the Services provided herein.
Our failure to act with respect to a breach by you of any term or provision of this Agreement does not constitute a waiver of our rights with respect to such term or provision.
You agree that you must file any claim or cause of action you may have arising out of or related to use of the Site or the Services or any information related thereto or to the terms of this Agreement, within one year after such claim or cause of action arose or such claim or cause of action will be forever barred.
This Agreement constitutes the entire agreement between you and us with respect to the access and use of this Site and the provision of any Services and information thereon and supersedes all prior or contemporaneous communications and representations, whether electronic, oral, or written between you and ourselves.
This Website is copyright © Geenee Limited. 2006-2012.