GENERAL TERMS AND CONDITIONS
for the use of belodged.com
General Terms & Scope
(1)††††††† The userís contracting party for the use of the website ďbelodged.comĒ (ďWebsiteĒ) when registering on the website is PanUnique AG, Bremgartnerstrasse 69, P.O. box,† CH-8003 Zurich,† Switzerland (Ąbelodged.comď). With registration these general terms and conditions will become integrated part of the userís agreement.
(2)††††††† belodged.comís aim is to establish a world-wide, continuous solidarity community, which will provide free overnight accommodations.
(1)††††††† belodged.com provides free Internet services.
(3)††††††† With belodged.comís
Website a platform is made available to users who offer and search private
accommodations at no charge and to facilitate contacts among users who offer
free overnight accommodations. Additionally, belodged.com makes a database
accessible on the Website, where the user registers his overnight accommodation
offer and searches online for free overnight accommodations with belodged.comís
provided search engine.
Additionally, belodged.com makes a contact system available on the Website. With said system, users may contact each other anonymously. The e-mail address or other personal details will not be revealed automatically but only with the userís consent and at his discretion.
Furthermore, the Website offers additional functionalities with which the user may offers or retrieves certain information, contents and services, which, depending of the functionality, will be made available and retrievable to the public or the user community only. The functionalities are subject to constant enhancements and adaptations. There is no entitlement to a specific offer or use of functionality.
(4)††††††† belodged.com makes a point system available to ensure the solidarity principle. belodged.com reserves the right to activate it. With activation, belodged.com informs the user via e-mail. The activated point system ensures that a user only contacts other Users when he offers an overnight accommodation with comparable conditions. This system prevents that certain users repeatedly benefit from free overnight accommodation made available by other users and do not accommodate other users at no charge. In order to balance ďless attractiveĒ places for example, an additional point system to collect points has been added. Conditions and provisions concerning the point system are regulated in the respective special terms (ďBalanced ValueĒ).
(5)††††††† The user may only use belodged.comís offers and services personally and in the context of offered possibilities for private use. The user is not allowed to grant third parties the right to use the offers and services, paid or non-paid. The use for commercial purpose is explicitly excluded.
(1)††††††† The registration is only valid when the designated registration form is used as provided on the Website. The registration form does not qualify as belodged.comís legally binding offer for conclusion of a user agreement.
(2)††††††† The user agreement with belodged.com and the user is concluded when the user has sent the filled out registration form and his acceptance of the general terms and conditions through the Webpage and if belodged.com has explicitly accepted. Such acceptance will be confirmed via e-mail to the user, explicitly stating such acceptance. The conclusion of the user agreement is based on the condition that the user has clicked the confirmation link which belodged.com has sent to the user via e-mail within the stated time frame.
(3)††††††† In order to register and use belodged.comís offers and services on the Website, the user must have Internet access and a valid e-mail address.
(4) With registration the user has to give the following particulars:
- User name at free choice (which does not infringe third partyís rights and legal requirements),
- E-mail address
- Country of residence
- City of residence with brief description for foreigners
- The three closest cities, including proximity to domicile
- Number and kind of pets (with regard to possible allergies)
- Offered overnight accommodation (e.g. guest room, accommodation in living room on couch, air mattress, etc.)
(5)††††††† The precondition for a successful registration is that the user is an individual person, who has reached majority and offers free overnight accommodation to other users. By submitting the registration form, the user confirms explicitly, that said preconditions are met.
(6)††††††† belodged.com reserves the right to reject the userís registration at his own discretion and without reason.
(1)††††††† The registration and the use of belodged.comís offers and services on the Website are free of charge.
(2)††††††† All costs related to Internet access and e-mail services as well as costs related to the accommodation are born by the user (e.g. costs for transport, food, etc.).†
(1)††††††† The user commits to accept belodged.comís solidarity principle and to act accordingly, in particular to offer free overnight accommodation to other user. It is the userís sole discretion whether he accepts another userís request regarding the free overnight accommodation. The free overnight accommodation does not include transport, food or other auxiliary services. However, this does not prevent users to agree on additional services Ė paid or non-paid.
(2)††††††† It is the userís responsibility to verify the inquiring or responding userís identity. In the event the user make arrangements to use the overnight accommodation, it is the userís responsibility to exchange the required contact information Ė for example information regarding the person, the contact address or regarding the communication outside the Website and as the case may be, safe the contact information in such way, that it is accessible even when the Website is not accessible.
(3)††††††† The user must protect his user name and password from unauthorized use. In the event of unauthorized use of user name, password or related suspicion, belodged.com must be notified immediately. With the exception of belodged.comís gross negligence, belodged.com is not liable for damages, which result from non-intended use of the user name and password.
(4)††††††† The user must not:
- Use the Website and its functionalities in a legally abusive way, particularly not threaten other persons, molest or violate their rights but must respect the laws and rights of third parties;
- Limit, prevent or interfere with other usersí free access and use;
- Manipulate the Website and its functionalities;
- Use the Website and its functionalities for spam or promotions, this includes particularly the use of disguised as private but commercial advertisements, the reference to commercial vendorsí services and such (declared or hidden) advertisement, by means of text, links, pictures and graphics as well as any reference to third party commercial advertisements;
- Use the Website and its functionalities to collect e-mail addresses and other information and use for spam and other advertisement tactics, immoral or unlawful intentions (see also ß 7).
(5)††††††† The user must not upload any content (including information, software and other material) or make such content available or distribute over the Website and its functionalities, which could harm belodged.com or its users, particularly must not upload data or files, which contain a virus or impair the Website and its functionalities availability. In case of doubt, before uploading, making available or dispersing such content belodged.comís explicit permission must be requested.
(6)††††††† To the extent third parties have claims against belodged.com based on the userís use of the Website and its functionalities or in connection with an agreement between users, the user is obliged to fully indemnify belodged.com and to compensate the appropriate legal costs.
(7)††††††† The user is asked to inform beldoged.com in the event that other users act unlawfully or not in accordance with the agreement or if such contents are noticed on the Website. The same applies in the event the user notices unlawful, unfit or unfounded content on linked websites.
(1)††††††† belodged.com only enables contacts among users however, does not participate in any way.
(2)††††††† belodged.com does not offer any overnight accommodation and does not conclude agreements related to the use of overnight accommodations.
(3)††††††† belodged.com does not verify the users identity or fidelity when concluding the user agreement (see following ß 7).
(4)††††††† belodged.com does not become contracting party of any concluded agreements between users, which are based on the Website or its functionalities, particularly with regard to the use of free overnight accommodations. This also applies to the contractual fulfillment and execution, which is the userís exclusive responsibility. Accordingly, belodged.com does not assume any warranty or indemnifications or any other responsibilities for the user related to travel or overnight accommodations (see also ß 10).
(5) belodged.com has no influence on the number of users, the userís geographical distribution and the offered overnight accommodations as well as their availability, the inquiry and the interest in offered overnight accommodation.
(1)††††††† belodged.com does not verify the information, which is provided with† registration. This also applies to the age requirement and the information related to the accommodation. belodged.com only verifies if the user reacts to the e-mail which is sent to the e-mail address the user has provided with registration. belodged.com does not verify if a user lives at the provided address, the overnight accommodation is actually offered and if the user is duly authorized.
(3)††††††† The user is obliged to promptly update his data as listed in the registration form on the Website.
(4)††††††† The user is fully responsible for the content provided. His full liability continuous after termination of the user agreement and the terms and conditions apply accordingly.
(5)††††††† The user confirms, that he is the owner of all necessary required rights related to the uploaded content as well as to the content, which is made available through the Website and its functionalities; the user confirms not to infringe any third party rights (e.g. commercial patent rights, copyrights and personal rights) as well as not to infringe any other legal provisions or morality. The infringement of such other legal provisions are in particular pornographical and x-rated material, as well as content, which incites racism, glorifies or trivializes violence, glorifies war, advertises for terror organizations, prompts criminal offenses or contains libel comments.
(6)††††††† In the event third parties have claims against belodged.com due to the userís uploaded content infringing third party rights or legal provisions, the user commits to fully indemnify belodged.com from all asserted claims and to pay belodged.comís appropriate legal costs. This obligation continuous after termination of the user agreement and the terms and conditions apply accordingly.
(7)††††††† belodged.com has the right to delete content on the server without previous information, in case the content infringes legal requirements or the userís obligation or in case the content contains untrue facts or statements. belodged.com reserves the right to delete content, which technical features could influence the quality of the functionality, like contents which lead to capacity overload of the internet. The user is not entitled to copies or any other means of obtaining such content.
Granting rights on Userís Content
(1)††††††† The user grants belodged.com the full and free of charge right to use the entire content (with the exception of his e-mail address), which has been made available on the Website for the provision of the Websiteís services. The granted right includes particularly the right to publicly distribute worldwide, to copy or to make such content available on the Website or any other medias, and the right to transfer the respective right to third parties.
(2)††††††† Additionally, the user grants belodged.com the right to adapt the uploaded content, especially to adapt according to the format specifications related to its use.
(3)††††††† The userís grants belodged.com the rights to advertise close to the contents and / or to take out other promotions utilizing such content (with the exception of his e-mail address).
(4)††††††† The granted rights continue after termination of the user agreement and only lapse with the userís deletion of such content, belodged.comís deletion of such content or upon userís request of such deletion.
(1)††††††† belodged.com does not warrant the uninterrupted provision and availability of the Website and itís functionalities, and, it does not warrant that the user can access the offered services at any time uninterruptedly.
(2)††††††† belodged.com has the right to limit or terminate the services, which are offered on the Website.
(1)††††††† belodged.com is only liable for damages caused by intent, gross negligence or fraud. belodged.com is not liable for damages caused by slight negligence and if it does not concern an essential duty. belodged.com is not liable for damages caused by negligent breach of non-essential duties.†
(2)††††††† belodged.com is not liable for contents, which are uploaded or exchanged by the user. belodged.com has the right but not the obligation to verify contents, which have been uploaded by the user.
(3)††††††† belodged.com is not liable for the contact among user and the related consequences, particularly the conclusion and the execution of a user agreement regarding the free overnight accommodation between users as well as any other agreements, for any userís breach of duty during the execution of such agreements as well as any related possible damages.
(4)††††††† The limitation of liability also applies to possible personal liability of ††††††††† belodged.comís vicarious persons and employees.†
Duration, Blocking Access and Termination
(1)††††††† The user agreement between belodged.com and the user is concluded for an indefinite time.
(2)††††††† The user may cancel with immediate effect the userís agreement with belodged.com without reason or notice at any time.
(3)††††††† belodged.com may cancel with immediate effect and without reason the user agreement with the user at any time.
(4)††††††† belodged.com will make particularly use of its immediate cancellation rights:
††††††††††† - If the user has made false statements with registration,
††††††††††† - If the user infringes the obligations as set forth in these terms and conditions, particularly ß 5 section 4 o. 5 or ß 7 section 5,
††††††††††† - If the user uses the Website for other purposes than designated by belodged.com, in particular commercial or immoral purposes,
††††††††††† - If the user charges a fee from another userís, who has used the free overnight accommodation,
††††††††††† - If the user has not reacted to at least one contact attempt by other users or belodged.com though the contact system within a three-month period and has not activated the automated notice of absence,
††††††††††† - If other userís complaints regarding the user cumulate disproportionally or if the complaints are serious,
††††††††††† - If third parties complain considerably to belodged.com about a user in connection with the Website.
The infringement of the userís incumbent duties and obligations may lead to civil and criminal consequences.
(5)††††††† belodged.com reserves the right to block the userís access to the Website without previous termination of the user agreement for the duration of the respective review, if belodged.com has been made aware, that there may be a reason for termination of the user agreement for just cause. The user does not have any claims against belodged.com due to the blocking the userís access to the Website.
(6) Termination of the user agreement does not effect the concluded agreements between the user and other users, particularly related to the use of free overnight accommodations.
(7)††††††† With termination of the user agreement, belodged.com deletes any saved userís data, including data according to ß 3 section 4 of these terms and conditions as well as all messages, which are saved for the user in the system related to the anonymous contact (message system).
(8)††††††† With termination of the user agreement belodged.com has the right but is not obliged to delete the uploaded contents, in the event the respective conditions of the specific functionalities do not contain contradicting regulations. belodged.com will follow this demand. The user is not entitled to request belodged.comís deletion of such content. The user is not entitled to copies of the uploaded content or any other means of obtaining such content.
(9)††††††† The regulations of ß 7 sections 4 and 6 as well as ß 8 and 11, section 8 of these terms and conditions will continue after termination of the user agreement.
(1)††††††† When using certain links on the Website, the user possibly leaves belodged.comís Website and accesses other, third party websites. Belodged.com is not responsible for the content of such websites and the provided content and information therein. belodged.com does not warrant the accuracy, the correctness and the completeness of such websites, particularly as contents and information may have been changed since the link has been added to the website. The limitation of liability is not applicable to belodged.comís fraudulent intent, gross negligence or intent.
(2)††††††† belodged.com welcomes if the Website is linked to other websites. Links to the Website must ensure, that persons, who are not user, have access to certain contents of the Website, which is exclusively intended for the users, by bypassing the registration and log-in process.
(3)††††††† The user is not allowed to frame this Website.
(4)††††††† The Websiteís content and structure is copyrighted. All rights are reserved. The user is not allowed to use, exploit or copy entirely or partially information or data (like graphics, audio and video data and similar) in such way which exceeds the ordinary personal use of a website, without belodged.comís (or the respective owner of the rights) previous written confirmation. In particular, contents may not be adopted on websites or media, sound or video recordings publicly reproduced, performed, made accessible, rented and distributed or made available in any other way, that the information and data may not be downloaded and copied.
(5)††††††† Certain signs and logos as used on the Website are registered trademarks. The user is not allowed to use the signs and logos without belodged.comís (or the owner of the respective right) prior consent.
(1)††††††† belodged.com reserves the right to change these terms and conditions. The user will be informed of such changed indicating his right of objection respectively his cancellation right at any time.
(2)††††††† If the user does not object to the changes within 14 days from communication, †††† the changes are deemed accepted and are effective from the end on the day of †††††††† expiration.
(1)††††††† The user may change his saved personal information under ďYour ProfileĒ at any time.
(2)††††††† Unless otherwise agreed, the user may send all statements by e-mail, online form or letter to belodged.com.
(3)††††††† The user agreement as well as the use of the Website, the offered services and functionalities are subject to Swiss law.
(4)††††††† Place of fulfillment is the office of belodged.comís owner, PanUnique AG, P.O. box, Bremgartnerstrasse 69, CH-8036 Zurich, Switzerland. Exclusive jurisdiction for all actions is Zurich.