We Share Content means all Content that We Share makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
Booking Request Period means the time period starting from the time when a booking is requested by a Guest (as determined by We Share in its sole discretion), within which a 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.
Collective Content means Member Content and We Share Content.
Content means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
Guest means a Member who requests from a Host a booking of an Accommodation via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation.
Listing means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.
Member means a person who completes We Share’s account registration process, including but not limited to Hosts and Guests, as described under “Account Registration” below.
Member Content means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
Tax or Taxes mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
We Share maintains the right, at its sole discretion, to alter the Site, Application, or Services, as well as modify these Terms and Service Fees, without prior notice. In the event of modifications to these Terms, We Share will either post the updated terms on the Site or via the Application or notify you of the changes. The "Last Updated Date" at the top of these Terms will also be revised accordingly. By continuing to access or use the Site, Application, or Services after a modification has been posted on the Site or via the Application, or after you have been notified of a modification, you signify your agreement to be bound by the updated Terms. If the modified Terms are not agreeable to you, your only course of action is to discontinue your use of the Site, Application, and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
The Site, Application, and Services are designed to facilitate the listing and booking of various properties, including residential spaces ("Accommodations"). Hosts are responsible for including these Accommodations in Listings on the Site, Application, and Services. Unregistered visitors can browse Listings on the Site, Application, and Services. However, to book an Accommodation or create a Listing, you must first register and create a "We Share Account" (defined below).
As previously mentioned, We Share operates an online platform or marketplace, along with the necessary technology, enabling Guests and Hosts to connect online and make arrangements for booking Accommodations directly from each other. It's important to note that We Share is not the owner or operator of properties, including but not limited to hotel rooms, motel rooms, other lodgings, or Accommodmodations. We Share is also not a provider of these properties or related services. We do not own, sell, resell, furnish, provide, rent, re-rent, manage, or control properties, including but not limited to hotel rooms, motel rooms, other lodgings, or Accommodations, or transportation or travel services, unless explicitly specified otherwise on the We Share platform.
Unless explicitly specified otherwise on the We Share platform, our responsibilities are limited to: (i) facilitating the availability of the Site, Application, and Services and (ii) acting as the limited payment collection agent on behalf of each Host to accept payments from Guests.
In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account (“We Share Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your We Share Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to We Share through the Site, Services or Application; or (ii) allowing We Share to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-PartyAccount. You represent that you are entitled to disclose your Third-Party Account login information to We Share and/or grant We Share access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating We Share to pay any fees or making We Share subject to any usage limitations imposed by such third-party service providers. By granting We Share access to any Third-Party Accounts, you understand that We Share will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your We Share Account and We Share Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your We Share Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or We Share’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your We Share Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We Share makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and We Share is not responsible for any SNS Content.
We Share does not endorse any Member or any Accommodation. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by We Share of any Member or any Accommodation. Members are required by these Terms to provide accurate information, and although We Share may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by We Share about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. Except as provided in the We Share Host Guarantee Terms and Conditions (“We Share Host Guarantee”, at http://www.We Weshare.org.uk/terms/host_guarantee ), which is an agreement between We Share and Hosts, we are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from We Share with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against We Share regarding the remittance of payments received from a Guest by We Share on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Accommodation Fees means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation. The Host alone, and not We Share, determines these amounts. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the We Share platform, or (ii) Taxes that the Host determines that he or she has to collect.
“Guest Fees” means the fee that We Share charges a Guest for the use of its online platform, which is calculated as a percentage of the applicable Accommodation Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host.
“Host Fees” means the fee that We Share charges a Host for the use of its online platform, which is calculated as a percentage of the applicable Accommodation Fees. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest.
“Service Fees” means collectively the Guest Fees and the Host Fees.
“Total Fees” means collectively the Accommodation Fees and the Guest Fees (plus any Taxes in respect of Guest Fees, such as VAT in Europe).
"The Hosts, not We Share, bear the sole responsibility for honoring any confirmed bookings and providing the Accommodations reserved through the Site, Application, and Services. As a Guest, should you choose to transact with a Host for booking an Accommodation, you understand and agree that you will need to enter into an agreement with the Host. By doing so, you accept all terms, conditions, rules, and restrictions associated with the respective Accommodation as imposed by the Host. You acknowledge and agree that you, and not We Share, will be accountable for fulfilling the obligations of such agreements. We Share is not a party to these agreements, and except for its payment obligations as outlined herein, We Share disclaims all liability arising from or related to these agreements. It's important to note that despite not being a party to the agreement between you and the Host, We Share Payments acts as the payment collection agent for the Host, specifically for accepting payments from you.
Once you've paid the Total Fees to We Share Payments, your payment obligation to the Host regarding the Accommodation Fees is considered fulfilled. We Share Payments is then responsible for remitting the Accommodation Fees (excluding the Host Fees and any applicable Taxes on the Host Fees, such as VAT in Europe) as described in these Terms. In the event that We Share Payments fails to remit these amounts as described in these Terms, the Host'srecourse is limited to pursuing the respective We Share entity."
The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the booking request within the Booking Request Period, otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by We Share Payments will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit card will be released, if applicable.
As a Guest, you agree to pay We Share the Total Fees for any booking you request through your We Share Account, provided the applicable Host confirms the booking. To secure a booking pending confirmation from the Host, you understand and agree that We Share Payments, acting on behalf of the Host, reserves the right, at its discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge a nominal amount not exceeding one dollar ($1) or a similar sum in your transaction currency (e.g., one euro or one British pound) to verify your credit card. Once We Share receives confirmation of your booking from the Host, We Share Payments will proceed to collect the Total Fees in accordance with these Terms and the pricing terms outlined in the relevant Listing. Please be aware that We Share cannot control any fees imposed by your bank related to our collection of the Total Fees, and We Share disclaims all liability in this regard.
Hosts may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If a Security Deposit is included in a Listing for a confirmed booking of an Accommodation, We Share Payments will, in its capacity as the payment collection agent of the Host, use its commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount the Host determines for the Security Deposit within a reasonable time prior to the Guest’s check-in at the applicable Host’s Accommodation. We Share will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but We Share is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
In consideration for the use of We Share’s online marketplace and platform, We Share charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Host Fees and Guest Fees. We Share Payments deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in these Terms. Guest Fees are, as noted above, included in the Total Fees.
Balances will be remitted by We Share Payments to Hosts via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.
Please note that We Share Payments, may impose or deduct foreign currency processing costs on or from any payments or payouts by We Share in currencies other than U.S. dollars. More information on any such costs or deductions will be available via the Site and Application. More information on any such costs or deductions will be available via the Site and Application. More information on Services Fees can be found at http://www.We Weshare.org.uk/help. Except as otherwise provided herein, Service Fees are non-refundable.
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, We Share Payments will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host.
If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) We Share Payments will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from We Share containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay We Share the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from We Share, please contact We Share at http://www.We Weshare.org.uk/help/contact_us.
If, as a Host, you decide to cancel a confirmed booking, We Share may impose penalties or consequences on you or your Listing, including (i) publishing an automated review on your Listing indicating a reservation cancellation, (ii) maintaining the calendar for your Listing as unavailable or blocked for the dates of the cancelled booking, or (iii) applying a cancellation fee (to be deducted from your future payouts). You will be notified of the situations in which a cancellation fee applies prior to making a cancellation.
Under certain circumstances and at its sole discretion, We Share may determine that it is necessary or desirable to cancel a confirmed booking made through the Site, Application, and Services. This may be due to reasons specified in We Share’s Extenuating Circumstances policy at http://www.WeWeshare.org.uk /help/policies/cancellations_and_refunds #extenuating_circumstances or for any other valid reason. We Share Payments may also decide, at its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the Guest Refund Policy at http://www.WeWeshare.org.uk /terms/guest_refund_policy. You agree that We Share and the relevant Guest or Host will not bear any liability for such cancellations or refunds.
In some instances, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Guest authorizes We Share Payments, on behalf of the Host, to collect the Total Fees and the Host agrees that such We Share entity will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.
We Share reserves the right, at its sole discretion, to round up or round down any amounts payable by or to Guests or Hosts to the nearest whole functional base unit of the currency in which it is denominated (e.g., to the nearest dollar, euro, or other supported currency). For instance, We Share will round up an amount of $101.50 to $102.00 and $101.49 to $101.00.
Certain currencies have high denominations. In such cases, We Share may designate the functional base unit of these currencies to be 10, 100, or 1,000 of the currency. Examples for such currencies would include We Share rounding up an amount of 1,045 to 1,050 and 1,044 to 1,040, or 35,450 to 35,500 and 35,449 to 35,400, or 837,500 to 838,000 and 837,499 to 837,000.
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Host does in fact make the donation he or she pledged to make. In such cases, the Host in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Hosts, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US hosts with at least one Listing in the US. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you are a US Host and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. We Share cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Host, We Share may issue a valid VAT invoice to such Host.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Accommodation is located may require Taxes to be collected by Hosts from Guests on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes are generally required to be collected and remitted as a percentage of the rent or Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, "Occupancy Taxes").
In certain jurisdictions, We Share may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from Guests on behalf of and in-lieu of Hosts, if such tax jurisdiction asserts We Share or Hosts have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate collection and remittance of Occupancy Taxes, whether you are a Guest or Host you hereby instruct and authorize We Share Payments to collect Occupancy Taxes from Guests on behalf of and in lieu of Hosts at the time
Accommodation Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When We Share facilitates collection or remittance of Occupancy Taxes in a jurisdiction for the first time, We Share will provide notice to existing Hosts with Listings for Accommodations in such jurisdictions. The amount of Occupancy Taxes collected and remitted through facilitation by We Share, if any, will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Guests and Hosts agree that in any jurisdiction where We Share facilitates collection and remittance of Occupancy Taxes on behalf of and lieu of Hosts, such Hosts are not permitted to also collect and/or remit such taxes on any portion of the Accommodation Fees. Hosts and Guests acknowledge and agree that in some jurisdictions, We Share may not be able to facilitate collection and remittance of Occupancy Taxes. In any jurisdiction in which we have not provided notice of, or are not facilitating collection and remittance of Occupancy Taxes to the Tax Authority in your jurisdiction, Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations. For any jurisdiction in which we facilitate collection and remittance of Occupancy Taxes, Hosts and Guests expressly grant us permission to transfer data and other information relating to Occupancy Taxes, if any, collected and remitted relating to your transactions.
Whether you are a Guest of Host, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by We Share in connection with collection and remittance of Occupancy Taxes, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by We Share Payments from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, 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. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your We Share Account. We Share also reserves the right to charge the credit card on file in your We Share Account, or otherwise collect payment from you and pursue any avenues available to We Share in this regard, including using Security Deposits, insituations in which you have been determined, in We Share’s sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts under the We Share Host Guarantee, and in relation to any payments made by We Share to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to We Share (if applicable).
Both Guests and Hosts agree to cooperate with and assist We Share in good faith, and to provide We Share with such information and take such actions as may be reasonably requested by We Share, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the We Share Host Guarantee) or with respect to any investigation undertaken by We Share or a representative of We Share regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon We Share’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by We Share or a third party selected by We Share, with respect to losses for which the Host is requesting payment from We Share under the We Share Host Guarantee.
If you are a Guest, you understand and agree that We Share reserves the right, in its sole discretion, to 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 or to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by We Share under the We Share Host Guarantee). You agree to cooperate with and assist We Share in good faith, and to provide We Share with such information as may be reasonably requested by We Share, in order 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 We Share may reasonably request to assist We Share in accomplishing the foregoing.
We Share’s online platform facilitates bookings between Guests and Hosts who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the We Share platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
Display Currency means the currency in which users view Listing prices on the We Share platform. Guests may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.
Booking Currency means the currency in which a Guest has to pay for his or her booking. At the time the Guest submits a booking request, the We Share platform will select the Booking Currency, based on the Guest’s country of origin and the payment methods available for that country. We Share supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.
“Listing Currency” means the currency in which a Listing’s price is set. The Listing Currency is set by the Host.
“Payout Currency” means the currency in which a Host’s payout will be paid to the Host. The Payout Currency is set by the Host.
“Adjusted Exchange Rate” means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by We Share for its holding costs and foreign currency risks.
The Display Currency is different from the Listing Currency when a user views a Listing: We Share will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Booking Currency, and it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied.
The Booking Currency is different from the Listing Currency when a Guest submits a booking request for a Listing: We Share will calculate the Total Fees in the Booking Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the booking request to the Total Fees in the Listing Currency. The Guest will be able to view the actual exchange rate applied. The Guest Fee, which is a percentage of the applicable Accommodation Fees, will be calculated based on the Accommodation Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Booking Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied.
The Payout Currency is different from the Listing Currency when We Share initiates a payout: generally, We Share will calculate the payout to the Host, by applying the Base Exchange Rate on the date that We Share initiates the payout to the Accommodation Fees (less We Share's Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) in the Listing Currency. The Host will be able to view the actual exchange rate applied in his or her transaction history in the Site or Application. In some cases where the payout method selected by the Host involves certain third-party payment processors (such as Western Union), (i) We Share will send the payout amount to the processor in a major currency (e.g. US dollars), by applying the relevant Base Exchange Rate for the Listing Currency to that major currency, (ii) the Host will be able to view the payout amount sent by We Share in that major currency in his or her transaction history in the Site or Application, and (iii) the processor will calculate the actual payout to the Host by applying its own foreign currency conversion rate for that major currency to the Payout Currency.
When a confirmed booking is modified or cancelled, and there had been a foreign currency conversion when the booking was submitted: the foreign currency conversion for any additional payments required of the Guest or any refund to the Guest will be processed at the same rate as applied to the earlier payment by the Guest.
When you as a Guest submit a booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking.
We Share updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, We Share does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to We Share.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
We Share may access, preserve and disclose any of your information if we are required to do soby law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against We Share or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the We Share Host Guarantee (see http://www.We Weshare.org.uk/terms), (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of We Share , its users, or members of the public . You acknowledge that We Share has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. We Share reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that We Share, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of We Share and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Site, Application and Services, you may participate in the “Referral Program”, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to We Share for which a Qualifying Referral (defined below) is completed, you may be able to receive We Share Travel Credits (defined below) (eacha “Referral Reward”). “We Share Travel Credits” are “points” issued by We Share Payments that may be applied as credits toward future confirmed bookings made by Members via the Site, Application and Services.
In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your We Share Account on the Site or Application and select either the “Invite Friends” or “Email Your Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends, or by using the other tools provided by We Share to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a We Share Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of an Accommodation which is confirmed by the applicable Host or create a Listing which subsequently receives a confirmed booking via the Services with a Total Value (excluding any cleaning fees) of at least seventy-five U.S. dollars (US$75) (or its equivalent in your local currency if we support it) that is not subsequently cancelled. Please note that you may not be the Host or the Guest for the booking to receive a Referral Reward.
It is a condition of the Referral Program that you will circulate or share the unique referral link only to your personal friends. You agree not to publish or distribute the link, or cause the link to be published or distributed, on or via methods, platforms and media where you have no reasonable basis for believing that all or most of the readers or recipients are your personal friends. All We Share Account creations and confirmed booking requests resulting from a breach of the above will be disregarded for determining eligibility for Qualifying Referral and are not eligible for Referral Rewards.
Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your We Share Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your We Share Account profile page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your We Share Account. Referral Rewards accrued in multiple We Share Accounts may not be combined into one We Share Account. You may not earn Referral Rewards by creating multiple We Share Accounts. By acquiring Referral Rewards, you agree and acknowledge that We Share is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their We Share Accounts.
We Share may suspend or terminate the Referral Program or your participation in the Referral Program at any time for any reason. We Share will not grant any further Referral Rewards after the suspension or termination of the Referral Program or your participation in it, but any Referral Rewards already awarded or received will not be affected by the suspension or termination.
We Share Travel Credits may only be redeemed for confirmed bookings via the Site, Application and Services and after you accrue We Share Travel Credits, such We Share Travel Credits will be automatically applied to your next confirmed booking made via the Site, Application and Services. We Share Travel Credits are credit only and have no cash value nor can they be refunded or exchanged for cash. You may only redeem We Share Travel Credits after the We Share Travel Credits are reflected in your We Share Account. The scope, variety, and type of services and products that you may obtain by redeeming We Share Travel Credits can change at any time.
We Share Travel Credits expire three (3) years from the date that any We Share Travel Credits are last accrued in your We Share Account. We Share will notify you at the email address you provided during Account registration within thirty (30) days of when the We Share Travel Credits in your We Share Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of We Share Travel Credits, please contact us at terms@We Weshare.org.uk. We Share may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at We Share’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of We Share Travel Credits. Where applicable, We Share may be required to account for VAT on any services for which the We Share Travel Credits are redeemed.
Without limiting any other terms of these Terms and subject to applicable law, all We Share Travel Credits are forfeited if your We Share Account is terminated or suspended for any reason, in We Share’s sole discretion, or if We Share discontinues providing the Site, Application, Services or the Referral Program.
Subject to your compliance with these Terms, We Share grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. We Share reserves all rights in the Application not expressly granted to you by these Terms.
Subject to your compliance with the terms and conditions of these Terms, We Share grants you a limited, non-exclusive, non-transferable license, to (i) access and view any We Share Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except 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 We Share or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to We Share a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. We Share does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict anyrights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to We Share the rights in 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 We Share’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services 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.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that We Share 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 We Share 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.
All trademarks, service marks, logos, trade names and any other proprietary designations of We Share used herein are trademarks or registered trademarks of We Share. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
All trademarks, service marks, logos, trade names and any other proprietary designations of We Share used herein are trademarks or registered trademarks of We Share. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at terms@We Weshare.org.uk or through the “Contact” (http://www.We Weshare.org.uk/help/contact_us) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of We Share and you hereby irrevocably assign to We Share and agree to irrevocably assign to We Share all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At We Share’s request and expense, you will execute documents and take such further acts as We Share may reasonably request to assist We Share to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
We Share respects copyright law and expects its users to do the same. It is We Share’s policy to terminate in appropriate circumstances the We Share Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see We Share’s Copyright Policy at http://www.We Weshare.org.uk/terms/copyright_policy, for further information.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your We Share Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your We Share Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your We Share Account, your Member Content, or receive assistance from We Share Customer Service, (b) any pending or accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to your Guests or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate Accommodations with other Hosts that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your We Share Account. You may cancel your We Share Account at any time via the “Cancel Account” feature of the Services or by sending an email to terms@We Weshare.org.uk. Please note that if your We Share Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WE SHARE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE SHARE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE SHARE MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE SHARE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, YOUR ACCRUAL OF WE SHARE TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WE SHARE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT WE SHARE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. WE SHARE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY WE SHARE. NOTWITHSTANDING WE SHARE’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, WE SHARE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
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 SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF WE SHARE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER WE SHARE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE SHARE 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.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE WE SHARE HOST GUARANTEE, IN NO EVENT WILL WE SHARE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY WE SHARE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WE SHARE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold We Share and its affiliates and subsidiaries, and their 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 (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation; and (e) your participation in the Referral Program or your accrual of any We Share Travel Credits.
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. We Share does not permit Listings associated with certain countries due to U.S. embargo restrictions.
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
You acknowledge and agree that (i) these Terms are concluded between you and We Share only, and not Apple, and (ii) We Share, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between We Share and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of We Share.
You and We Share acknowledge that, as between We Share and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and We Share acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between We Share and Apple, We Share, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and We Share acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (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 We Share by contacting us with your police station and report number at terms@We Weshare.org.uk; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between We Share and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between We Share and you regarding bookings or listings of Accommodations, the Site, Application, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without We Share’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We Share may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by We Share (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and We Share agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and We Share are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and We Share otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and We Share otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and We Share submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. We Share will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, We Share will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if We Share changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to terms@We Weshare.org.uk) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of We Share’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and We Share in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of We Share to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of We Share. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
The final sentence in the Suspension, Termination and We Share Account Cancellation clause shall be removed and replaced with the following:
Please note that if your We Share Account is cancelled, we do not have an obligation to return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
These Terms will be interpreted in accordance with Irish law. You and we agree to submit to the non-exclusive jurisdiction of the Irish courts for resolving any dispute between the parties. If We Share wishes to enforce any of its rights against you, we may elect to do so in the Irish courts or in the courts of the jurisdiction in which you are resident.
The Dispute Resolution clause shall be removed and is not applicable.
In addition to complying with the main Export Control and Restricted Countries clause, you must also comply with any relevant export control laws in your local jurisdiction.
If you have any questions about these Terms or any App Store Sourced Application, please contact We Share at terms@We Weshare.org.uk.
These General Conditions of Use apply to all services provided by We Share (defined herein below). We Share owns and operates the Site (defined herein below) in India.
“Car Sharing” means the sharing of a Vehicle for a Trip by a Car Owner carrying a Co-Traveller for that Trip in exchange for a Cost Contribution;
“Cost Contribution” means the amount agreed between the Car Owner and the Co-Traveler in relation to the Trip which is payable by the Co-Traveler as their contribution towards the costs of the Trip.
“Co-Traveller” or “Passenger” means a Member who has accepted an offer to be transported by a Car Owner and includes all other persons who accompany such Member in the Vehicle for the Trip.
“Car Owner” or “Driver” means a Member who through the Site offers to share a car journey with a Co-Traveller in exchange for the Cost Contribution.
“Member” refers to a registered user of the Site.
“Service” refers to any service provided by We Share through the Site to any Member.
“Site” means www.We Share.org.uk, www.We Share.pro and any other website maintained or operated by We Share which offers similar services including any microsites.
“Trip” means a given journey in relation to which a Car Owner and a Co-Traveler have agreed upon a transaction through the Site.
“User Account” means an account with the Site opened by a Member and used in order to access the Service provided by We Share through the Site.
“Vehicle” means the vehicle offered by a Car Owner for Car Sharing.
These Conditions apply to all usage of the Site by a Member. By accessing and utilizing the Site, Members indicate their complete acceptance of these Conditions and agree to be fully bound by them.
Access to the Services will not be granted unless the Conditions are accepted in their entirety. Members are not permitted to accept only a portion of the Conditions. If a Member does not agree with the Conditions, they may not use the Services.
Should any Member fail to comply with any aspect of these Conditions, We Share reserves the right, at its own discretion, to suspend or withdraw the User Account in question and suspend or withdraw all Services to that Member without prior notice.
These Conditions are designed to establish binding rights and obligations between Members and We Share, aligning with the principles of the Indian Contract Act, 1872.
We Share reserves the right to modify the Conditions at any time. In addition, We Share may vary or amend the Services provided through the Site, the Site functionality and/ or the “look and feel” of the Site at any time without notice and without liability to Members.
Any modification to the Site, Services or Conditions will take effect as soon as such changes are published on the Site, subject to communication of any material change to the Conditions to the Members in an e-mail.
Members will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Site following publication of the varied Conditions. Changes will not apply to any bookings which have been made prior to publication of the varied Conditions.
In order to use the Services each Member must create a User Account and agrees to provide any personal information requested by We Share. In particular, Members will be required to provide their first name, last name, age, title, valid telephone number and email address. Use of the Site is limited to those over the age of 18 years at the time of registration.
Members agree and accept that all of the information they provide to We Share when setting up their User Account and at any other time shall be true, correct, complete and accurate in all respects. Members also agree that any information supplied to We Share or posted on the Site in connection with any Trip, Vehicle or Car Sharing will be true, accurate and complete.
Members agree and understand that We Share does not undertake any verification to confirm the accuracy of any information provided by the Members on the Site or to a Car Owner or Co-Traveler, as the case maybe. We Share will not be liable to any Member in the event that any information provided by another Member is false, incomplete, inaccurate, misleading or fraudulent.
Unless expressly agreed by We Share, Members are limited to one User Account per Member. No User Account may be created on behalf of or in order to impersonate another person.
The Site and the Services are strictly limited to providing a Service for Car Owners and Co-Travelers to car share in a private capacity. The Services may not be used to offer or accept car sharing for hire or reward or for profit or in any commercial or professional context. The Services may be used only to offer or accept car sharing in exchange for sharing the cost of the Trip between the Car Owner and the Co-Traveler.
Car Owners agree not to obtain any hire or reward or make profit in any form, from any Trip. The Service and the Cost Contribution may only be used to discharge the Car Owner’s costs and may not be used to generate any hiring charges or reward or profit in any form for the Car Owner. The Car Owner is not entitled to make profit by virtue of the amount of the Cost Contribution, the types of Trips offered by a Car Owner, the frequency of such Trips or the number of Co-Travelers transported. This applies to all activities, arrangements and Services booked using the Site and any additional services or activities which may be agreed between Car Owner and Co-Traveler through the Site.
The Car Owner must not provide any additional services to the Co-Traveler in exchange for hiring charges or any reward or for profit or otherwise (and the Co-Traveler may not accept or ask for any such services) including (without limitation) package delivery, waiting time, additional drop offs and pick-ups and collecting additional passengers (other than the Co-Traveler).
All Trips, collection points and destinations must be pre-agreed through the Site between the Car Owner and Co-Traveler. Car Owners may not collect any Co-Travelers from any location which has not been pre-agreed with the Co-Traveler through the Site.
Members are reminded that using the Services and offering Trips for hire or reward or in a commercial or professional capacity may invalidate a Car Owner’s insurance and invite adverse legal actions by the road transport authorities. We Share shall not be in for any loss or damage incurred by a Member as a result of any or breach by a Member of these Conditions including where any Car Owner (in breach of these terms) offers Services through the Site in a professional or commercial capacity (thereby potentially invalidating their insurance) and breach of any agreement between the Car Owner and the Co-Traveler. Any offering of Trips in violation of the Conditions shall be at the sole risk such Member and We Share shall have no liability towards Members for such violations.
We Share offers a free service which allows Members to contact each other to arrange a car share.
We Share’s Service is free of charge. The Co-Traveler will contact the Car Owner directly to arrange a car share and any conditions of travel (including size of luggage, whether smoking is permitted, whether pets are permitted, whether music can be played etc). Members accept that given the nature of the service and the fact that it is free of charge Car Owners and Co-Travelers will have no recourse to We Share for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Car Owner or the Co-Traveler to turn up or non-payment of the Cost Contribution. In particular it is the Car Owner’s responsibility to collect payment from the Co-Traveler at the time of the Trip.
We Share will not contact either party and will take no steps whatsoever to manage the booking. The operation of the Trip is solely managed by the respective Car Owner and Co-Traveler(s).
Please note that We Share reserves the right to change any aspect of the Site or the Service which may include adding new services (which may require payment) or withdrawing any existing Services. We Share does not guarantee that the Site will be functional at all times and Services may be suspended during such period when the Site is not in operation. We Share will not be liable to any of the Members in case where the Site is non-operational.
The Car Owner agrees:
That the Trip shall not be for any fraudulent, unlawful or criminal activity.
That they will procure for the Vehicle, a comprehensive insurance policy, which provides insurance cover to the occupants in the Vehicle and covers third party liability.
That they will present themselves on time and at the place agreed with the specified Vehicle;
That they will immediately inform all Co-Travelers of any change whatsoever to the Trip. If one or more Co-Travelers have made a booking and the Car Owner decides to change any aspect of the Trip, the Car Owner undertakes to contact all Co-Travelers who have made a booking in relation to that Trip and to obtain the agreement of all Co-Travelers to the change. If a Co-Traveler refuses the change, they are entitled to a full refund and without any compensation being paid to the Car Owner.
The Car Owner must comply with the Good Conduct Charter at all times.
The Car Owner must wait for the Co-Traveler at the pickup point for at least 30 minutes after the agreed time (however, the Co-Traveler is expected to be punctual).
The Co-Traveler agrees:
That the Trip shall not be for any fraudulent, unlawful or criminal activity.
That they will present themselves on time and at the place agreed with the Car Owner.
That they will immediately inform the Car Owner or We Share if they are required to cancel a Trip.
That they will comply with the Good Conduct Charter at all times.
The Co-Traveler agrees to wait at the pickup point for at least 30 minutes after the agreed time for the Car Owner to arrive.
That they will pay the Cost Contribution to the Car Owner.
If the Co-Traveler or Car Owner fail to comply with any of these terms or any other Conditions We Share reserves the right to keep information relating to the breach, to publish or disclose this information on the Member’s online profile and to suspend or withdraw the Member’s access to the Site.
The Car Owner agrees and undertakes to take out and maintain a comprehensive insurance to cover third party liability, the occupants of the Vehicle and the Trip offered or booked through the Site. The Car Owner agrees that they will, on request, provide the Co-Traveler with evidence, in advance of the Trip, of the complete validity of its insurance policy. The Car Owner also undertakes to hold a valid driving licence and that the Car Owner will own or will be entitled to use the Vehicle and that the Vehicle will have a valid PUC (Pollution Under Control) certificate and the Co-Traveler is entitled to request evidence of the Car Owner’s insurance, registration certificate (‘log book’), driving licence and PUC certificate at any time up to completion of the Trip.
It is We Share’s understanding that governmental authorities take the view that a Co-Traveler who contributes only towards travel expenses is treated as travelling without hire or reward to the driver, and is therefore a third party passenger who is covered by comprehensive third party insurance policy in India. However We Share gives no warranty or assurance in this regard and it is the Car Owner’s responsibility to verify that their insurance provides adequate cover.
It is up to each Car Owner and Co-Traveler to confirm with each other that the Car Owner is covered by valid insurance. The Car Owner must confirm that their insurance policy allows them to carry Co-Travelers and that their insurance policy covers all Co-Travelers and any accident or incident which may occur during a Trip.
The Car Owner and the Co-Traveler are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Car Owner had made or was seeking to make a profit.
The Car Owner may collect no payment from the Co-Traveler other than the Cost Contribution and the Car Owner must not in any event provide Vehicle on hire or for reward in any form.
The Car Owner therefore undertakes to calculate their expenses (fuel, toll, maintenance, repairs, depreciation and insurance of their vehicle) and guarantees that the total Cost Contributions requested from their Co-Travelers does not result in the Vehicle running for hire or for reward.
If the Car Owner does receive any hiring charges or reward, or if the insurers repudiate or refuse to accept any claim arising during a Trip for any other reason, the Car Owner will be responsible for the financial consequences, losses and damages arising and We Share will not be liable under any circumstances to the Car Owner or the Co-Traveler.
We Share reserves the right, but not the obligation at its own discretion, to suspend immediately the account of a user including the money displayed and to make aware to competent authorities any professional activity.
We Share may at its sole discretion provide its Members with an online service for resolving disputes. This service is non-binding. We Share is under no obligation to seek to resolve disputes and this service is offered at We Share’s sole discretion and may be withdrawn at any time.
In order to increase trustworthiness, prevent typos and wrong numbers, any Member can verify their mobile number. The Member may do this by providing We Share with their mobile phone number, after which the Member will receive a SMS with a 4-digit code which can be validated on the Site.
This service is free of charge, except for the possible cost levied by a Member’s mobile phone operator for receiving the SMS.
Bookings may be made through the Site for international Trips. An International Trip means any Trip which includes any travel outside of India. If a booking is made for an International Trip Car Owners must ensure that their insurance covers travel outside of India. The Car Owner must also ensure that their vehicle is compliant with all relevant rules and restrictions applicable in any overseas country.
3.1 Members may access the Services on the Site at their own risk and using their best and prudent judgment before entering into any arrangements with other Members through the Site. We Share will neither be liable nor responsible for any actions or inactions of Members nor any breach of conditions, representations or warranties by the Members. We Share hereby expressly disclaims and any and all responsibility and liability in arising out of the use of the Site.
3.2 We Share expressly disclaims any warranties or representations (express or implied) in respect of Trips, accuracy, reliability and completeness of information provided by Members, or the content (including details of the Trip and Cost Contribution) on the Site. While We Share will take precautions to avoid inaccuracies in content of the Site, all content and information, are provided on an as is where is basis, without warranty of any kind. We Share does not implicitly or explicitly support or endorse any of the Members availing Services from the Site.
3.3 We Share is not a party to any agreement between a Car Owner and Co-Traveler and will not be liable to either the Car Owner or the Co-Traveler unless the loss or damage incurred arises due to We Share’s negligence.
3.4 We Share shall not be liable for any loss or damage arising as a result of:
A false, misleading, inaccurate or incomplete information being provided by a Member.
The cancellation of a Trip by a Car Owner or Co-Traveler.
Any failure to make payment of a Cost Contribution (for the free service without booking).
Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Car Owner or Co-Traveler before, during or after a Trip.
We Share will not be liable to any Member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost opportunity arising as a result of the services provided by We Share (whether suffered or incurred as a result of the We Share’s negligence or otherwise) except in the case of fraud, willful concealment or theft.
We Share’s liability to any Member for all losses in respect of any Trip is capped at the sum of INR 1,000/- (Indian Rupees One Thousand only).
We Share will not be liable to any Member in relation to any Trip unless We Share is notified of a claim relating to that Trip within 3 months of completion of the Trip
Given that Car Owners are required to hold valid insurance to cover a Trip and given that We Share’s service is limited to putting Car Owners and Co-Travelers in touch with each other and cannot oversee any Trip, Members accept that the limitations on the We Share’s liability set out above are reasonable.
4.1 Members will indemnify and hold harmless We Share, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
4.2 Members release We Share and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Members and specifically waiver any claims or demands that they may have in this behalf under any statute, contract or otherwise.
No arrangement between the Members and We Share shall constitute or be deemed to constitute an agency, partnership, joint venture or the like between the Members and We Share.
In the event of non-compliance on your part with all or some of the Conditions, you acknowledge and accept that We Share can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or your access to the Site (including in particular your User Account).
The format and content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of We Share, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws.
All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to We Share) which appear on the Site.
The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of We Share. No person is entitled to systematically extract and/or re-utilise parts of the contents of the Site without the express written consent of We Share. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site is strictly prohibited.
By displaying content on this Site, Members expressly grant a license to We Share to display the content and to use it for any of our other business purposes.
Members of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content which is contrary to We Share’s policy and We Share does not accept liability in respect of such content, and the Member responsible will be personally liable for any damages or other liability arising and agrees to indemnify We Share in relation to any liability it may suffer as a result of any such content. However as soon as We Share becomes aware of infringing content, We Share shall do everything it can to remove such content from the Site as soon as possible.
We Share reserves the right to reproduce any information that appears on the Site or on the partner sites.
In particular, ads published on one of the sites maintained or co-maintained by We Share may be reproduced on other sites maintained or co-maintained by We Share or third parties.
These terms shall be governed by the law of India and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of New Delhi.
These Terms and Conditions are intended to define the terms of provision of services We Weshare.org.uk site, hereinafter called « the Service, We Share, or www.We Share.co.in » and the conditions of use of the Service by the User.
Any access and / or use of the site implies acceptance www.We Share.org.uk and compliance with all terms of these Terms and unconditional acceptance. In the event that the User does not wish to accept all or part of these terms, he is asked to renounce any use of the Service.
THE SERVICES ARE CONTROLLED AND PROVIDED BY WE SHARE FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. WE SHARE MAKES NO REPRESENTATION THAT THE SITE OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU ACCESS OR USE THE SITE OR THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU DO SO VOLUNTARILY AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS APPLICABLE TO YOUR LOCATION.
User: The User is any person who uses the Site or any service offered on the Site.
User Content: The term « User Content » means information transmitted by the user in the different sections of the Site.
Member: The term « Member » means a user logged into the site.
Username: The term « Username » includes information required to identify a user on the site for access to areas restricted to members.
Password: The « Password » is confidential information that the User must keep secret, allowing, in conjunction with his ID to prove identity.
The service is available free to any user with access to the internet. All costs associated with access to the Service, whether material costs, software or Internet access are solely the responsibility of the user. It is solely responsible for the proper functioning of its computer equipment as well as its access to the internet.
Some features of the site are reserved for members after identification with their ID and their password. Including:
We Share implements all reasonable means at its disposal to ensure quality access to the Service, but is under no obligation to do so.
We Share can not be held liable for any malfunction of the network or server or any other event beyond the reasonable control that prevent or degrade access to the Service.
We Share reserves the right to discontinue, temporarily suspend or change without notice access to all or part of the Service, to ensure the maintenance or for any other reason, without interruption, give rise to any obligation or compensation.
You are solely responsible and liable for any User-Generated Content that you upload, post, input, publish or otherwise distribute using the Services. As a condition of your use of the Services, you agree not to use the Services for any unlawful or prohibited purpose. By using the site www.We Weshare.org.uk, you are prohibited from:
Use robots, spiders or other automatic or manual process to examine or reuse pages or contents of this website without our permission;
Copy the source code of the site;
Use the site to negatively impact the performance or functionality of the Site by any means whatsoever: software or routine that contains viruses or other bombs:
Constitutes or includes any illegal or unauthorized copy, in whole or in part, of another person’s copyrighted or copyrightable work, discloses trade secrets without authorization, or otherwise violates the proprietary rights of a third party;
Misrepresents the source or identity of any material
Insert false or irrelevant information on the site;
Post or transmit any unlawful, whether photographs, videos or comments threatening, humiliating, defamatory, obscene, hateful, pornographic or profane material or any other material that could constitute a criminal offense, engage civil liability, violate the law or encourage them to do, or content that could be used for any purpose contrary to US law;
The texts and illustrations which mention stated are subject to a Creative Commons (see below) and can under certain conditions be reproduced, distributed or modified without necessarily asking permission.
« We Share » is a registered trademark. Unauthorized reproduction of these trademarks, logos and distinctive signs constitutes an infringement punishable by law.
The User is solely responsible for the User Content that is online via the Service, as well as text and / or opinions that formula. It specifically agrees that these data are not likely to adversely affect the legitimate interests of third parties whatsoever. As such, it ensures We Share against all claims, based directly or indirectly on these words and / or data that may be brought by anyone against We Share. It is committed in particular to support the payment of sums whatsoever resulting from the use of a third party against the We Share, including all legal fees.
We Share reserves the right to remove all or part of the User Content at any time and for any reason whatsoever, without warning or justification. The user will have no claim to this title.
We Share is available under the terms of the Creative Commons Attribution – Noncommercial – Share the Same in Terms 3.0(CC BY-NC-SA 3.0) Founded (e) on a work www.We Weshare.org.uk. Permissions beyond the scope of this license may be available at www.We Share.org.uk, firstname.lastname@example.org
In a sense of respect for the privacy of its Users, We Share agrees that the collection and processing of personal information carried within this site are conducted in accordance with the law.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
We Weshare.org.uk is a publishing site and announces professional offices spaces available to rent.
The ads on the site come from members of We Weshare.org.uk and each is read and validated by the We Share team. However, We Share can not guarantee the accuracy or appropriateness of these advertisements. In addition, the information provided on the ads are filled by Users of the site and are not checked by We Share.
Consequently, We Share, is not in any way responsible, for the use of information and content on the www.We Share.org.uk The User is alone responsible for the proper use, with discernment, information made available on the Site.
In addition, the User agrees to indemnify We Share of all adverse consequences directly or indirectly related to his use of the Service.
Access to some sections of the site We Weshare.org.uk requires the use of a Username and a Password. The password chosen by the user, is personal and confidential. The user agrees to keep its password secret and not to disclose it in any form whatsoever. The use of the Username and it’s Password through internet is at the risk of the User. It is up to the User to take all necessary measures to protect its data against any attack.
We Share nevertheless agrees to implement all means necessary to ensure the security and confidentiality of transmitted data. The User is informed that one or more cookies that contain no personal information, may be placed on your hard drive to ensure identification.
The User acknowledges know the limitations and constraints of the internet and, as such, recognizes the impossibility of such a guarantee total security of data exchange. We Share shall not be liable for damages resulting from the transmission of any information, including that of his username and / or password via the Service.
We Share shall in no case, within the limits of applicable law, be liable for any damages and / or losses, direct or indirect, tangible or intangible, of any nature whatsoever resulting from the unavailability of the Service or any use of the Service. The term « use » should be understood in a broad sense, that is to say, any use of the Site whatsoever, legal or not.
The User agrees, in general, to comply with all the laws and regulations enforced in the United States.
Ads on We Weshare.org.uk contain hyperlinks to websites published and / or managed by third parties. Insofar as no control is exercised over these external resources, the User acknowledges that We Share assumes no liability for the provision of these resources, and can not be held responsible for their content.
We Share shall not be liable in the event of force majeure or events beyond its control.
We Share reserves the right to change these Terms of Service at any time. You should check www.We Weshare.org.uk from time to time to review the then-current Terms of Service. Your continued use of the site constitutes your acceptance of any changes to the Terms of Service and therefore constitute a contract between the Service and the User.
This contract is concluded for an indefinite period of time of the Service by the User.