Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the CeCe Platform (“CeCe”), you agree to comply with and be bound by these Terms.
These Terms constitute a legally binding agreement (“Agreement“) between you and Cece (as defined below) governing your access to and use of the CeCe website, including any subdomains thereof, and any other websites through which CeCe makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “CeCe Services“). The Site, Application and CeCe Services together are hereinafter collectively referred to as the “CeCe Platform”.
When these Terms mention “CeCe,” “we,” “us,” or “our,” it refers to the Beatroute Services LLP you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.
- Scope of CeCe Services
1.1 The CeCe Platform is an online marketplace that enables registered users (“Members/Hosts”) and certain third parties who offer services to publish such their services on the CeCe Platform (“Listings/Services”) and to communicate and transact directly with customer (“Guests”) that are seeking to book such. Services may include the offering of properties for use (“Accommodations“) and virtual experiences (“Experiences”).
1.2 As the provider of the CeCe Platform, CeCe does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Services. Hosts alone are responsible for their Listings and Services. When Members make or accept a booking, they are entering into a contract directly with each other. CeCe is not and does not become a party to or other participant in any contractual relationship between Members, nor is CeCe a real estate broker or insurer. CeCe is not acting as an agent in any capacity for any Member.
1.3 While we may help facilitate the resolution of disputes, CeCe has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Services, (ii) the truth or accuracy of any Listing descriptions or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. CeCe does not endorse any Member, Listing or Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by CeCe about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or use other Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person.
1.4 If you choose to use the CeCe Platform as a Host or Co-Host (as defined below), your relationship with CeCe is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of CeCe for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of CeCe. CeCe does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Services. You acknowledge and agree that you have complete discretion whether to list Services or otherwise engage in other business or employment activities.
1.5 To promote the CeCe Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. CeCe cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations.
1.6 The CeCe Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. CeCe is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by CeCe of such Third-Party Services.
1.7 Due to the nature of the Internet, CeCe cannot guarantee the continuous and uninterrupted availability and accessibility of the CeCe Platform. CeCe may restrict the availability of the CeCe Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the CeCe Platform. CeCe may improve, enhance and modify the CeCe Platform and introduce new CeCe Services from time to time.
- Eligibility, Using the CeCe Platform, Member Verification
2.1 In order to access and use the CeCe Platform or register an CeCe Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction.
2.3 CeCe may make access to and use of the CeCe Platform, or certain areas or features of the CeCe Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria or a Member’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, and (ii) screen Members against third party databases or other sources and request reports from service providers
- Modification of these Terms
CeCe reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the CeCe Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the CeCe Platform will constitute acceptance of the revised Terms.
- Account Registration
4.1 You must register an account (“CeCe Account“) to access and use certain features of the CeCe Platform, such as publishing or booking a Listing. If you are registering an CeCe Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You must provide accurate, current and complete information during the registration process and keep your CeCe Account and public CeCe Account profile page information up-to-date at all times.
4.3 You may not register more than one (1) CeCe Account unless CeCe authorizes you to do so. You may not assign or otherwise transfer your CeCe Account to another party.
4.4 You are responsible for maintaining the confidentiality and security of your CeCe Account credentials and may not disclose your credentials to any third party. You must immediately notify CeCe if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your CeCe Account. You are liable for any and all activities conducted through your CeCe Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 CeCe may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the CeCe Platform (“Member Content“); and (ii) access and view Member Content and any content that CeCe itself makes available on or through the CeCe Platform, including proprietary CeCe content and any content licensed or authorized for use by or through CeCe from a third party (“CeCe Content” and together with Member Content, “Collective Content“).
5.2 The CeCe Platform, CeCe Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws. You acknowledge and agree that the CeCe Platform and CeCe Content, including all associated intellectual property rights, are the exclusive property of CeCe and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the CeCe Platform, CeCe Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of CeCe used on or in connection with the CeCe Platform and CeCe Content are trademarks or registered trademarks of CeCe. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the CeCe Platform, CeCe Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the CeCe Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CeCe or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, CeCe grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the CeCe Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the CeCe Platform, you grant to CeCe a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the CeCe Platform, in any media or platform.
5.6 You are solely responsible for all Member Content that you make available on or through the CeCe Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the CeCe Platform or you have all rights, licenses, consents and releases that are necessary to grant to CeCe the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or CeCe’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; or (v) promotes illegal or harmful activities or substances; CeCe may, without prior notice, remove or disable access to any Member Content that CeCe finds to be in violation of applicable law or otherwise may be harmful or objectionable to CeCe, its Members, third parties, or property.
- Service Fees
6.1 CeCe may charge fees to Hosts (“Host Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the CeCe Platform.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. CeCe reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
- Terms specific for Guests
7.1 Terms applicable to all bookings
7.1.1 Subject to meeting any requirements (such as completing any verification processes) set by CeCe and/or the Host, you can book a Listing available on the CeCe Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your CeCe Account.
7.1.2 Upon receipt of a booking confirmation from CeCe, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing.
7.1.3 If you book a Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Service if accompanied by an adult who is responsible for them.
7.2 Booking Accommodations
7.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
7.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees“). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at an Accommodation, you authorize CeCe to charge you to collect Overstay Fees. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
7.3 Booking Experiences
7.3.1 You should carefully review the description of any Experience you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience.
7.3.2 Before and during an Experience you must at all times adhere to the Hosts’ instructions.
7.3.3 You may not bring any additional individuals to an Experiences unless such an individual was added by you as an additional guest during the booking process on the CeCe Platform.
- Booking Modifications and Cancellations and Refunds
8.1 Hosts and Guests are responsible for any modifications to a booking that they make via the CeCe Platform or direct CeCe customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
8.2 Guests can cancel a confirmed booking at any time. However, the same shall be subject to the cancellation policy as set by the Listing/Host.
8.3 In certain circumstances, CeCe may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts.
- Damage to Accommodations, Disputes between Members
9.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
9.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim“), the Host can seek payment from you. If a Host escalates a Damage Claim to CeCe, you will be given an opportunity to respond. If you agree to pay the Host, or CeCe determines in its sole discretion that you are responsible for the Damage Claim, CeCe will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim. CeCe also reserves the right to otherwise collect payment from you and pursue any remedies available to CeCe in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts.
9.3 Members agree to cooperate with and assist CeCe in good faith, and to provide CeCe with such information and take such actions as may be reasonably requested by CeCe, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation, (ii) Experiences. A Member shall, upon CeCe’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by CeCe or a third party selected by CeCe or its insurer, with respect to losses for which a Member is requesting payment from CeCe.
9.4 If you are a Guest or a Co-Host, you understand and agree that CeCe may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Host. You agree to cooperate with and assist CeCe in good faith, and to provide CeCe with such information as may be reasonably requested by CeCe, to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as CeCe may reasonably request to assist CeCe in accomplishing the foregoing.
In case of any queries, please feel free to contact us.
10.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT, GST or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).
10.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
10.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Occupancy Taxes“).
- Prohibited Activities
11.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the CeCe Platform. In connection with your use of the CeCe Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
- use the CeCe Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies CeCe endorsement, partnership or otherwise misleads others as to your affiliation with CeCe;
- use the CeCe Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the CeCe Platform;
- unless CeCe explicitly permits otherwise, book any Listing if you will not actually be using the Services yourself;
- contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the CeCe Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the CeCe Platform to request, make or accept a booking independent of the CeCe Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the CeCe Platform or CeCe Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold CeCe harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
- misuse or abuse any Listings or services associated with the CeCe as determined by CeCe in its sole discretion.
- use, display, mirror or frame the CeCe Platform or any individual element within the CeCe Platform, CeCe’s name, any CeCe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the CeCe Platform, without CeCe’s express written consent;
- dilute, tarnish or otherwise harm the CeCe brand in any way, including through unauthorized use of Collective Content, registering and/or using CeCe or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to CeCe domains, trademarks, taglines, promotional campaigns;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the CeCe Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by CeCe or any of CeCe’s providers or any other third party to protect the CeCe Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the CeCe Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the CeCe Platform; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
11.2 You acknowledge that CeCe has no obligation to monitor the access to or use of the CeCe Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the CeCe Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist CeCe in good faith, and to provide CeCe with such information and take such actions as may be reasonably requested by CeCe with respect to any investigation undertaken by CeCe or a representative of CeCe regarding the use or abuse of the CeCe Platform.
11.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to CeCe by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
- Term and Termination, Suspension and other Measures
12.1 This Agreement shall be effective for the duration of your stay with the Host or till the completion of the Experience, as may be applicable.
12.2 Without limiting our rights specified below, CeCe may terminate this Agreement for convenience at any time by giving you fifteen (15) days’ notice via email to your registered email address.
12.3 CeCe may immediately, without notice, terminate this Agreement and/or stop providing access to the CeCe Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) CeCe believes in good faith that such action is reasonably necessary to protect the personal safety or property of CeCe, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).
12.4 In addition, CeCe may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the CeCe Account registration, Listing process or thereafter, (iv) you and/or your Listings or Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vi) CeCe believes in good faith that such action is reasonably necessary to protect the personal safety or property of CeCe, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the CeCe Platform;
- temporarily or in case of severe or repeated offenses permanently suspend your CeCe Account and stop providing access to the CeCe Platform.
12.5 When this Agreement has been terminated, you are not entitled to a restoration of your CeCe Account or any of your Member Content. If your access to or use of the CeCe Platform has been limited or your CeCe Account has been suspended or this Agreement has been terminated by us, you may not register a new CeCe Account or access and use the CeCe Platform through an CeCe Account of another Member.
- Data Security
CeCe ensures that it maintains best industry standards encryption and security measures to prevent any hacking of information pertaining to any confidential information shared while delivering the CeCe Services and any copies thereof or derivative works that may be created therefrom. CeCe uses the best measures to ensure that all confidential information which is in the possession of and/or stored by the CeCe pursuant to these Terms are not misused, lost, damaged, tampered or corrupted or made inaccessible in any manner whatsoever. CeCe ensures that the data and/or all information that may be provided to CeCe, if stored by CeCe, shall be used solely for the purpose of the CeCe Services in accordance with the applicable law
IF YOU CHOOSE TO USE THE CECE PLATFORM, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE CECE PLATFORM IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE CECE SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO YOUR LISTINGS AND/OR SERVICES YOU ARE RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY CECE RELATING TO A LISTING.
IF WE CHOOSE TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY MEMBER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A MEMBER OR GUARANTEE THAT A MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
YOU AGREE THAT SOME EXPERIENCES MAY CARRY INHERENT RISK, AND BY PARTICIPATING IN SUCH SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING AND AFTER YOUR PARTICIPATION IN AN EXPERIENCE. IF YOU ARE BRINGING A MINOR AS AN ADDITIONAL GUEST, YOU ARE SOLELY RESPONSIBLE FOR THE SUPERVISION OF THAT MINOR THROUGHOUT THE DURATION OF YOUR EXPERIENCE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS CECE FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO THAT MINOR DURING THE EXPERIENCE OR IN ANY WAY RELATED TO YOUR EXPERIENCE.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the CeCe Platform, your publishing or booking of any Listing via the CeCe Platform, your stay at any Accommodation, participation in any Experience or any other interaction you have with other Members whether in person or online remains with you. Neither CeCe nor any other party involved in creating, producing, or delivering the CeCe Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the CeCe Platform (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the CeCe Platform, or (iv) from your publishing or booking of a Listing whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not CeCe has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will CeCe’s aggregate liability arising out of or in connection with these Terms and your use of the CeCe Platform including, but not limited to, from your publishing or booking of any Listings via the CeCe Platform, or from the use of or inability to use the CeCe Platform and in connection with any Accommodation, Experiences or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the CeCe Platform as a Guest in the six (six) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by CeCe to you in the six (6) month period prior to the event giving rise to the liability, or Rs.10,000/-, if no such payments have been made, as applicable.
To the maximum extent permitted by applicable law, you agree to release, defend (at CeCe option), indemnify, and hold CeCe and its affiliates and subsidiaries, including but not limited to its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the CeCe Platform or any CeCe Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your breach of any laws, regulations or third party rights.
- Applicable Law and Jurisdiction
This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Republic of India. The parties submit to the exclusive jurisdiction and venue of courts of Bengaluru
- General Provisions
18.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between CeCe and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between CeCe and you in relation to the access to and use of the CeCe Platform.
18.2 No joint venture, partnership, employment, or agency relationship exists between you and CeCe as a result of this Agreement or your use of the CeCe Platform.
18.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
18.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
18.5 CeCe’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
18.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without CeCe’s prior written consent. CeCe may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
18.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by CeCe via email or CeCe Platform notification.
18.8 If you have any questions about these Terms please emails us at firstname.lastname@example.org