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Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Ivenson Platform, you agree to comply with and be bound by these Terms of Service.
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Ivenson (as defined below) governing your access to and use of the Ivenson website, including any subdomains thereof, and any other websites through which Ivenson makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, " Services"). The Site, Application and Ivenson Services together are hereinafter collectively referred to as the “Ivenson Platform”.
When these Terms mention “Ivenson,” “we,” “us,” or “our,” it refers to the Ivenson company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your Ivenson Account as determined by either your express selection or by Ivenson’s assessment of your residence using various data attributes associated with your Ivenson Account.
Any and all payment processing services through or in connection with your use of the Ivenson Platform ("Payment Services") are provided to you by one or more Ivenson Payments entities (individually and collectively, as appropriate, "Ivenson Payments") as set out in the Payments Terms of Service ("Payments Terms").
The Seller alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings.
1. Scope of Ivenson Services
2. Eligibility, Using the Ivenson Platform, Member Verification
3. Modification of these Terms
4. Account Registration
6. Service Fees
7. Terms specific for Sellers
8. Terms specific for Buyers
9. Booking or Buying Modifications, Cancellations and Refunds, Resolution Center
10. Ratings and Reviews
11. Damage to Accommodations Items, Disputes between Members
12. Rounding off, Currency conversion
14. Prohibited Activities
15. Term and Termination, Suspension and other Measures
19. Dispute Resolution
21. Applicable Law and Jurisdiction
22. General Provisions
1. Scope of Ivenson Services
1.1 The Ivenson Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services and products (Members and third parties who offer services and products are “Seller” and the services, products they offer are “Seller Service and Products and Products and Products”) to publish such Seller Service and Products and Products and Products on the Ivenson Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book and buy such Seller Service and Products and Products and Product (Members using and buying Seller Service and Products and Products and Products are “Buyers”).
1.2 As the provider of the Ivenson Platform, Ivenson does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings. Sellers alone are responsible for their Listings and Seller Service and Products and Products and Product. When Members make or accept or buy a service or product, they are entering into a contract directly with each other. Ivenson is not and does not become a party to or other participant in any contractual relationship between Members, nor is Ivenson a real estate broker or insurer. Ivenson is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Ivenson has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Seller Service and Products and Products and Products, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Ivenson does not endorse any Member, Listing or Seller Service and Products and Products and Products. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Ivenson about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use and buy Seller Service and Products and Products and Products. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Ivenson of any Seller or Listing.
1.4 If you choose to use the Ivenson Platform as a Seller, your relationship with Ivenson is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of Ivenson for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Ivenson. Ivenson does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Seller Service and Products and Products and Products. You acknowledge and agree that you have complete discretion whether to list Seller Service and Products and Products and Products or otherwise engage in other business or employment activities.
1.5 To promote the Ivenson Platform and to increase the exposure of Listings to potential Buyers, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Ivenson cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Ivenson Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Ivenson Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Ivenson is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Ivenson of such Third-Party Services.
1.7 Due to the nature of the Internet, Ivenson cannot guarantee the continuous and uninterrupted availability and accessibility of the Ivenson Platform. Ivenson may restrict the availability of the Ivenson Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Ivenson Platform. Ivenson may improve, enhance and modify the Ivenson Platform and introduce new Ivenson Services from time to time.
2. Eligibility, Using the Ivenson Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Ivenson Platform or register an Ivenson Account. By accessing or using the Ivenson Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Seller Service and Product(s) and Product(s) are located or take place 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.
2.3 Ivenson may make access to and use of the Ivenson Platform, or certain areas or features of the Ivenson Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s Booking or Buying, buying and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Ivenson Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Ivenson Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
3. Modification of these Terms
Ivenson reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Ivenson Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Ivenson Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Ivenson Account") to access and use certain features of the Ivenson Platform, such as publishing or Booking or Buying or buying a Listing. If you are registering an Ivenson Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Ivenson Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook.
4.3 You must provide accurate, current and complete information during the registration process and keep your Ivenson Account and public Ivenson Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Ivenson Account unless Ivenson authorizes you to do so. You may not assign or otherwise transfer your Ivenson Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Ivenson Account credentials and may not disclose your credentials to any third party. You must immediately notify Ivenson if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Ivenson Account. You are liable for any and all activities conducted through your Ivenson Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Ivenson may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Ivenson Account. These features do not require that you share your credentials with any other person. No third party is authorized by Ivenson to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Ivenson may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Ivenson Platform ("Member Content"); and (ii) access and view Member Content and any content that Ivenson itself makes available on or through the Ivenson Platform, including proprietary Ivenson content and any content licensed or authorized for use by or through Ivenson from a third party ("Ivenson Content" and together with Member Content, "Collective Content").
5.2 The Ivenson Platform, Ivenson Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Ivenson Platform and Ivenson Content, including all associated intellectual property rights, are the exclusive property of Ivenson and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Ivenson Platform, Ivenson Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Ivenson used on or in connection with the Ivenson Platform and Ivenson Content are trademarks or registered trademarks of Ivenson in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Ivenson Platform, Ivenson Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Ivenson Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ivenson or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Ivenson grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Ivenson Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Ivenson Platform, you grant to Ivenson a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Ivenson Platform, in any media or platform. Unless you provide specific consent, Ivenson does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 You are solely responsible for all Member Content that you make available on or through the Ivenson Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Ivenson Platform or you have all rights, licenses, consents and releases that are necessary to grant to Ivenson the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Ivenson's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Ivenson’s Content Policy or any other Ivenson policy. Ivenson may, without prior notice, remove or disable access to any Member Content that Ivenson finds to be in violation of these Terms or Ivenson’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Ivenson, its Members, third parties, or property.
5.8 Ivenson respects copyright law and expects its Members to do the same. If you believe that any content on the Ivenson Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 Ivenson may charge fees to Sellers ("Seller Fees") and/or Buyers ("Buyer Fees") (collectively, "Service Fees") in consideration for the use of the Ivenson Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Seller or Buyer prior to publishing or Booking or Buying or Buying a Listing. Ivenson reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Ivenson. The applicable Service Fees (including any applicable Taxes) are collected by Ivenson Payments. Ivenson Payments will deduct any Seller Fees from the Listing Fee before remitting the payout to the Seller. Any Buyer Fees are included in the Total Fees collected by Ivenson Payments. Except as otherwise provided on the Ivenson Platform, Service Fees are non-refundable.
7. Terms specific for Sellers
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Ivenson Platform you must (i) provide complete and accurate information about your Seller Service and Product (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency and (iii) provide any other pertinent information requested by Ivenson. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges other fees) for your Listing (“Listing Fee”). Once a Buyer buys or book your service and product, you may not request that the Buyer pays a higher price than in the listing request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Seller Service and Products and Products. Ivenson reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the Ivenson Platform may vary and depend on a variety of factors, such as Buyer search parameters and preferences, Seller requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Seller Service and Product, and/or ease of Booking or Buying.
7.1.6 When you accept or have pre-approved a Booking or Buying request by a Buyer, you are entering into a legally binding agreement with the Buyer and are required to provide your Seller Service and Product(s) to the Buyer as described in your Listing when the Booking or Buying request is made. You also agree to pay the applicable Seller Fee and any applicable Taxes.
7.1.8 Ivenson recommends that Sellers obtain appropriate insurance for their Seller Service and Products and Products. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Buyers (and the individuals the Buyer has booked and bought for, if applicable).
7.2 Listing Accommodations
7.2.1 Unless expressly allowed by Ivenson, you may not list more than one Accommodation per Listing.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing ("Security Deposit"). Sellers are not allowed to ask for a Security Deposit after a Booking has been confirmed or outside of the Ivenson Platform. Ivenson will use commercially reasonable efforts to address Sellers’ requests and claims related to Security Deposits, but Ivenson is not responsible for administering or accepting any claims by Sellers related to Security Deposits.
7.2.3 You represent and warrant that any Listing you post and the Booking or Buying of, or a Buyer's stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Seller, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Buyer and any individuals the Buyer invites to the Accommodation.
7.3 Listing Experiences, Events and other Seller Service and Products and Products
Sellers who list Experiences, Events and Seller Service and Products other than Accommodations or Items agree to and are subject to the Additional Terms for Experience Sellers.
8. Terms specific for Buyers
8.1 Terms applicable to all Booking or Buying.
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Ivenson and/or the Seller, you can book a Listing available on the Ivenson Platform by following the respective Booking or Buying process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Buyer Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to Booking or Buying a Listing. You agree to pay the Total Fees for any Booking or Buying requested in connection with your Ivenson Account.
8.1.2 Upon receipt of a Booking or Buying confirmation from Ivenson, a legally binding agreement is formed between you and your Seller, subject to any additional terms and conditions of the Seller that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Ivenson Payments will collect the Total Fees at the time of the Booking or Buying request or upon the Seller’s confirmation pursuant to the Payments Terms. For certain Booking or Buying, Buyers may be required to pay or have the option to pay in multiple installments.
8.1.3 If you book a Seller Service and Product on behalf of additional Buyers, you are required to ensure that every additional Buyer meets any requirements set by the Seller and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Seller. If you are Booking or Buying for an additional Buyer who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Seller Service and Product if accompanied by an adult who is responsible for them.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed Booking an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Seller to enter, occupy and use the Accommodation for the duration of your stay, during which time the Seller (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Seller.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Seller specifies in the Listing or such other time as mutually agreed upon between you and the Seller. If you stay past the agreed upon checkout time without the Seller's consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Seller is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Seller, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Seller, plus all applicable Buyer Fees, Taxes, and any legal expenses incurred by the Seller to make you leave (collectively, "Overstay Fees"). Overstay Fees for late checkouts on the checkout date that do not impact upcoming Booking or Buying may be limited to the additional costs incurred by the Seller as a result of such Overstay. If you Overstay at an Accommodation, you authorize Ivenson (via Ivenson Payments) to charge you to collect Overstay Fees. A Security Deposit, if required by a Seller, may be applied to any Overstay Fees due for a Buyer’s Overstay.
8.3 Booking or Buying Experiences, Events and other Seller Service and Products and Products
8.3.1 You should carefully review the description of any Experience, Event or other Seller Service and Product you intend to book and buy to ensure you (and any additional Buyers you are Booking or Buying for) meet any minimum age, proficiency, fitness or other requirements which the Seller has specified in their Listing. At your sole discretion you may want to inform the Seller of any medical or physical conditions, or other circumstances that may impact your and any additional Buyer’s ability to participate in any Experience, Event or other Seller Service and Product. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Seller Service and Product, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Seller Service and Product.
8.3.2 Before and during an Experience, Event or other Seller Service and Product you must at all times adhere to the Sellers’ instructions.
8.3.3 You may not bring any additional individuals to an Experience, Event or other Seller Service and Product unless such an individual was added by you as an additional Buyer during the Booking or Buying process on the Ivenson Platform.
9. Booking or Buying Modifications, Cancellations and Refunds, Resolution Center
9.1 Sellers and Buyers are responsible for any modifications to a Booking or Buying that they make via the Ivenson Platform or direct Ivenson customer service to make ("Booking or Buying Modifications"), and agree to pay any additional Listing Fees, Seller Fees or Buyer Fees and/or Taxes associated with such Booking or Buying Modifications.
9.2 Buyers can cancel a confirmed Booking or Buying at any time pursuant to the Listing’s cancellation policy, and Ivenson Payments will refund the amount of the Total Fees due to the Buyer in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Seller under the applicable cancellation policy will be remitted to the Seller by Ivenson Payments pursuant to the Payments Terms.
9.3 If a Seller cancels a confirmed Booking or Buying, the Buyer will receive a full refund of the Total Fees for such Booking or Buying within a commercially reasonable time of the cancellation. In some instances, Ivenson may allow the Buyer to apply the refund to a new Booking or Buying, in which case Ivenson Payments will credit the amount against the Buyer’s subsequent Booking or Buying at the Buyer’s direction. Further, Ivenson may publish an automated review on the Listing cancelled by the Seller indicating that a Booking or Buying was cancelled.
9.4 For Experiences, Events and other Seller Service and Products and Products, if inclement weather creates an unsafe or uncomfortable scenario for Buyers, Sellers may modify or cancel a Seller Service and Product. If there is a substantial change in the itinerary or the Seller Service and Product needs to be cancelled, Ivenson will work with the Seller and/or Buyers to provide Buyers an alternative date for the Seller Service and Product, an appropriate refund or a rebooking or Buying.
9.5 In certain circumstances, Ivenson may decide, in its sole discretion, that it is necessary to cancel a confirmed Booking or Buying and make appropriate refund and payout decisions. This may be for reasons set forth in Ivenson's Extenuating Circumstances Policy or (i) where Ivenson believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Ivenson, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If, as a Seller, your Buyer cancels a confirmed Booking or Buying or Ivenson decides that it is necessary to cancel a confirmed Booking or Buying, and Ivenson issues a refund to the Buyer in accordance with the Buyer Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Ivenson Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Seller Service and Products and Products, Co-Seller Service and Products and Products or Damage Claims related to Booking or Buying. You agree to pay all amounts sent through the Resolution Center in connection with your Ivenson Account, and Ivenson Payments will handle all such payments.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a Booking or Buying, Buyers and Sellers can leave a public review (“Review about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Ivenson. Ratings and Reviews are not verified by Ivenson for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Buyers and Sellers must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Ivenson’s Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Ivenson Platform (such as the Listing page) together with other relevant information such as number of Booking or Buying, number of cancellations, average response time and other information.
11.1 As a Buyer, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Seller (and the individuals the Seller invites to the Accommodation, if applicable).
11.2 If a Seller claims and provides evidence that you as a Buyer have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Seller can seek payment from you through the Resolution Center. If a Seller escalates a Damage Claim to Ivenson, you will be given an opportunity to respond. If you agree to pay the Seller, or Ivenson determines in its sole discretion that you are responsible for the Damage Claim, Ivenson Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Ivenson also reserves the right to otherwise collect payment from you and pursue any remedies available to Ivenson in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Sellers under the Ivenson Seller Guarantee.
11.3 Members agree to cooperate with and assist Ivenson in good faith, and to provide Ivenson with such information and take such actions as may be reasonably requested by Ivenson, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or Items or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Ivenson Seller GuaranteeA Member shall, upon Ivenson's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Ivenson or a third party selected by Ivenson or its insurer, with respect to losses for which a Member is requesting payment from Ivenson (including but not limited to payments under the Ivenson Seller Guarantee).
11.4 If you are a Buyer you understand and agree that Ivenson may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Seller (including without limitation amounts paid by Ivenson under the Ivenson Seller Guarantee). You agree to cooperate with and assist Ivenson in good faith, and to provide Ivenson with such information as may be reasonably requested by Ivenson, 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 Ivenson may reasonably request to assist Ivenson in accomplishing the foregoing.
Ivenson generally supports payment amounts that are payable from or to Buyers or Sellers to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Ivenson’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Ivenson may, in its sole discretion, round up or round down amounts that are payable from or to Buyers or Sellers to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Ivenson may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
13.1 As a Seller you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
13.2 Tax regulations may require us to collect appropriate Tax information from Sellers, or to withhold Taxes from payouts to Sellers, or both. If a Seller fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
13.3 In certain jurisdictions, Ivenson may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Buyers or Sellers, in accordance these Terms ("Collection and Remittance") if such jurisdiction asserts Ivenson or Sellers have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Ivenson (via Ivenson Payments) to collect Occupancy Taxes from Buyers on the Seller's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by Ivenson will be visible to and separately stated to both Buyers and Sellers on their respective transaction documents. Where Ivenson is facilitating Collection and Remittance, Sellers are not permitted to collect any Occupancy Taxes being collected by Ivenson relating to their Accommodations or Itemsin that jurisdiction.
13.5 You agree that any claim or cause of action relating to Ivenson's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Ivenson in connection with facilitation of Collection and Remittance, if any. Buyers and Sellers agree that we may seek additional amounts from you in the event that the Taxes collected and/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 Ivenson from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
13.6 Ivenson reserves the right, with prior notice to Sellers, to cease the Collection and Remittance in any jurisdiction for any reason at which point Sellers and Buyers are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations or Items in that jurisdiction.
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Ivenson Platform. In connection with your use of the Ivenson Platform, you will not and will not assist or enable others to:
· breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
· use the Ivenson Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Ivenson endorsement, partnership or otherwise misleads others as to your affiliation with Ivenson;
· use the Ivenson Platform in connection with the distribution of unsolicited commercial messages ("spam");
· offer, as a Seller, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Ivenson Platform;
· unless Ivenson explicitly permits otherwise, book any Listing if you will not actually be using the Seller Service and Products and Products yourself;
· contact another Member for any purpose other than asking a question related to a your own Booking or Buying, Listing, or the Member's use of the Ivenson Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
· use the Ivenson Platform to request, make or accept a Booking or Buying independent of the Ivenson Platform, to circumvent any Service Fees or for any other reason;
· request, accept or make any payment for Listing Fees outside of the Ivenson Platform or Ivenson Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Ivenson harmless from any liability for such payment;
· discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
· use, display, mirror or frame the Ivenson Platform or Collective Content, or any individual element within the Ivenson Platform, Ivenson's name, any Ivenson trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Ivenson Platform, without Ivenson's express written consent;
· dilute, tarnish or otherwise harm the Ivenson brand in any way, including through unauthorized use of Collective Content, registering and/or using Ivenson or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Ivenson domains, trademarks, taglines, promotional campaigns or Collective Content;
· use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Ivenson Platform for any purpose;
· avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Ivenson or any of Ivenson's providers or any other third party to protect the Ivenson Platform;
· attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Ivenson Platform;
· take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Ivenson Platform;
· export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
· violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that Ivenson has no obligation to monitor the access to or use of the Ivenson Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Ivenson Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Ivenson in good faith, and to provide Ivenson with such information and take such actions as may be reasonably requested by Ivenson with respect to any investigation undertaken by Ivenson or a representative of Ivenson regarding the use or abuse of the Ivenson Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate 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 Ivenson by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Ivenson terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Ivenson Account as a Seller, any confirmed Booking or Buying(s) will be automatically cancelled and your Buyers will receive a full refund. If you cancel your Ivenson Account as a Buyer, any confirmed Booking or Buying(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Unless your Country of Residence is the United States, without limiting our rights specified below, Ivenson may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.4 Ivenson may immediately, without notice, terminate this Agreement and/or stop providing access to the Ivenson Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Ivenson believes in good faith that such action is reasonably necessary to protect the personal safety or property of Ivenson, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, Ivenson may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Ivenson Account registration, Listing process or thereafter, (iv) you and/or your Listings or Seller Service and Products and Products at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Ivenson otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed Booking or Buying or failed to respond to Booking or Buying requests without a valid reason, or (vii) Ivenson believes in good faith that such action is reasonably necessary to protect the personal safety or property of Ivenson, its Members, or third parties, or to prevent fraud or other illegal activity:
· refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
· cancel any pending or confirmed Booking or Buying;
· limit your access to or use of the Ivenson Platform;
· temporarily or permanently revoke any special status associated with your Ivenson Account;
· temporarily or in case of severe or repeated offenses permanently suspend your Ivenson Account and stop providing access to the Ivenson Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Ivenson and an opportunity to resolve the issue to Ivenson's reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Buyers in full for any and all confirmed Booking or Buying that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed Booking or Buying that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Ivenson Account or any of your Member Content. If your access to or use of the Ivenson Platform has been limited or your Ivenson Account has been suspended or this Agreement has been terminated by us, you may not register a new Ivenson Account or access and use the Ivenson Platform through an Ivenson Account of another Member.
15.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the Ivenson Platform or Collective Content, you do so voluntarily and at your sole risk. The Ivenson Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Ivenson Services, laws, rules, or regulations that may be applicable to your Listings and/or Seller Service and Products you are receiving and that you are not relying upon any statement of law or fact made by Ivenson relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experiences, Events, other Seller Service and Products may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Seller Service and Products may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Seller Service and Products. You assume full responsibility for the choices you make before, during and after your participation in a Seller Service and Product. If you are bringing a minor as an additional Buyer, you are solely responsible for the supervision of that minor throughout the duration of your Seller Service and Product and to the maximum extent permitted by law, you agree to release and hold harmless Ivenson from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Seller Service and Product or in any way related to your Seller Service and Product.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17.1 Unless your Country of Residence is in the EU, 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 Ivenson Platform and Collective Content, your publishing or Booking or Buying of any Listing via the Ivenson Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Seller Service and Product, , or any other interaction you have with other Members whether in person or online remains with you. Neither Ivenson nor any other party involved in creating, producing, or delivering the Ivenson Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Ivenson Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Ivenson Platform, or (iv) from your publishing or Booking or Buying of a Listing, including the provision or use of a Listing’s Seller Service and Products and Products, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Ivenson 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 Sellers pursuant to these Terms or an approved payment request under the Ivenson Seller Guarantee, in no event will Ivenson’s aggregate liability arising out of or in connection with these Terms and your use of the Ivenson Platform including, but not limited to, from your publishing or Booking or Buying of any Listings via the Ivenson Platform, or from the use of or inability to use the Ivenson Platform or Collective Content and in connection with any Accommodation, Experiences, Event, other Seller Service and Product, or interactions with any other Members, exceed the amounts you have paid or owe for Booking or Buying via the Ivenson Platform as a Buyer in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Seller, the amounts paid by Ivenson to you in the twelve (12) month period prior to the event giving rise to the liability, or ten U.S. dollars (US$10), 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 Ivenson 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. If you reside outside of the U.S., this does not affect Ivenson’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
17.2 If your Country of Residence is in the EU, Ivenson is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Ivenson is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Ivenson in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract, but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Ivenson is excluded.
You agree to release, defend (at Ivenson’s option), indemnify, and hold Ivenson and its affiliates and subsidiaries, including but not limited to, Ivenson Payments, 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 (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Ivenson Platform or any Ivenson Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Seller Service and Product, participation in , including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Ivenson’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
19.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in the United States; or (ii) your Country of Residence is not in the United States but bring any claim against Ivenson in the United States (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. Ivenson is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Ivenson’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:
· Claims can be filed with AAA online (www.adr.org);
· Arbitrators must be neutral and no party may unilaterally select an arbitrator;
· Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
· Parties retain the right to seek relief in small claims court for certain claims, at their option;
· The initial filing fee for the consumer is capped at $200;
· The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
· The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Ivenson each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Ivenson’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
19.4 Agreement to Arbitrate. You and Ivenson mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Ivenson Platform, the Seller Service and Products and Products, , or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Ivenson agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and Ivenson each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
19.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Ivenson agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Ivenson both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
19.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and Ivenson agree that Ivenson will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Ivenson agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
19.9 Arbitrator’s Decision. 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 with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
19.10 Jury Trial Waiver. You and Ivenson acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.11 No Class Actions or Representative Proceedings. You and Ivenson acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Ivenson both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
19.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Ivenson changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last 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) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Ivenson’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 Ivenson in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
19.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Ivenson Platform or terminate your Ivenson Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Ivenson Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Ivenson Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21.1 If your Country of Residence is the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
21.2 If your Country of Residence is China these Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Ivenson may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
21.3 If your Country of Residence is outside of the United States and China, these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your Country of Residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Irish courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If Ivenson wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Ivenson and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Ivenson and you in relation to the access to and use of the Ivenson Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and Ivenson as a result of this Agreement or your use of the Ivenson Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 Ivenson’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Ivenson's prior written consent. Ivenson may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Ivenson via email, Ivenson Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which Ivenson transmits the notice. If your Booking or Buying is in respect of a Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Ivenson’s obligations under Article 59 Paragraph 1 of the Japanese Housing Accommodation Business Act.
22.8 If your Country of Residence is in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Ivenson Ireland is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
22.9 If you have any questions about these Terms please email us at firstname.lastname@example.org
Thank you for using Ivenson!
There are three general categories of information we collect.
1.1 Information You Give to Us.
1.1.1 Information that is necessary for the use of the Ivenson Platform.
We ask for and collect the following personal information about you when you use the Ivenson Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
· Account Information. When you sign up for an Ivenson Account, we require certain information such as your first name, last name, email address, and date of birth.
· Profile and Listing Information. To use certain features of the Ivenson Platform (such as booking or buying or creating a Listing), we may ask you to provide additional information, which may include your address, phone number, and a profile picture.
· Identity Verification Information. To help create and maintain a trusted environment, we may collect identity verification information (such as images of your government issued ID, passport, national ID card, or driving license, as permitted by applicable laws) or other authentication information.
· Payment Information. To use certain features of the Ivenson Platform (such as booking or buying or creating a Listing), we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments (via Ivenson Payments).
· Communications with Ivenson and other Members. When you communicate with Ivenson or use the Ivenson Platform to communicate with other Members, we collect information about your communication and any information you choose to provide.
1.1.2 Information you choose to give us.
You may choose to provide us with additional personal information in order to obtain a better user experience when using Ivenson Platform. This additional information will be processed based on your consent.
· Additional Profile Information. You may choose to provide additional information as part of your Ivenson profile (such as gender, preferred language(s), city, and a personal description). Some of this information as indicated in your Account settings is part of your public profile page and will be publicly visible to others.
· Other Information. You may otherwise choose to provide us information when you fill in a form, conduct a search, update or add information to your Ivenson Account, respond to surveys, post to community forums, participate in promotions, or use other features of the Ivenson Platform.
1.1.3 Information that is necessary for the use of the Payment Services.
The Payments Data Controller needs to collect the following information, as it is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:
· Payment Information. When you use the Payment Services, the Payments Data Controller requires certain financial information (like your bank account or credit card information) in order to process payments and comply with applicable law.
· Identity Verification and Other Information. If you are a Seller, the Payments Data Controller may require identity verification information (such as images of your government issued ID, passport, national ID card, or driving license) or other authentication information, your date of birth, your address, email address, phone number and other information in order to verify your identity, provide the Payment Services to you, and to comply with applicable law.
1.2 Information We Automatically Collect from Your Use of the Ivenson Platform and Payment Services.
When you use the Ivenson Platform and the Payment Services, we automatically collect information, including personal information, about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Ivenson Platform and Payment Services.
· Geo-location Information. When you use certain features of the Ivenson Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. Ivenson may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
· Usage Information. We collect information about your interactions with the Ivenson Platform such as the pages or content you view, your searches for Listings, booking or buyings, purchasings you have made, and other actions on the Ivenson Platform.
· Log Data and Device Information. We automatically collect log data and device information when you access and use the Ivenson Platform, even if you have not created an Ivenson Account or logged in. That information includes, among other things: details about how you’ve used the Ivenson Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Ivenson Platform.
· Payment Transaction Information. Ivenson Payments collects information related to your payment transactions through the Ivenson Platform, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between you and Ivenson Payments and to allow the provision of the Payment Services.
1.3 Information We Collect from Third Parties.
Ivenson and Ivenson Payments may collect information, including personal information, that others provide about you when they use the Ivenson Platform and the Payment Services, or obtain information from other sources and combine that with information we collect through the Ivenson Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your personal data, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
· Third Party Services. If you link, connect, or login to your Ivenson Account with a third party service (Facebook), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
· Your References. If someone has written a reference for you, it will be published on your Ivenson public profile page with your consent. To learn more, see our Help Center article about References.
· Background Information. For Members in the United States, to the extent permitted by applicable laws, Ivenson and Ivenson Payments may obtain reports from public records of criminal convictions or sex offender registrations. For Members outside of the United States, to the extent permitted by applicable laws and with your consent where required, Ivenson and Ivenson Payments may obtain the local version of police, background or registered sex offender checks. We may use your information, including your full name and date of birth, to obtain such reports.
· Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Ivenson Platform through partnerships, or about your experiences and interactions from our partner ad networks.
We use, store, and process information, including personal information, about you to provide, understand, improve, and develop the Ivenson Platform, create and maintain a trusted and safer environment and comply with our legal obligations.
2.1 Provide, Improve, and Develop the Ivenson Platform.
· Enable you to access and use the Ivenson Platform.
· Enable you to communicate with other Members.
· Operate, protect, improve, and optimize the Ivenson Platform and experience, such as by performing analytics and conducting research.
· Provide customer service.
· Send you service or support messages, updates, security alerts, and account notifications.
· If you provide us with your contacts’ information, we may process this information: (i) to facilitate your referral invitations, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorize at the time of collection.
· To operate, protect, improve, and optimize the Ivenson Platform and experience, and personalize and customize your experience (such as making Listing suggestions or ranking search results), we conduct profiling based on your interactions with the Ivenson Platform, your search and booking or buying history, your profile information and preferences, and other content you submit to the Ivenson Platform.
We process this information given our legitimate interest in improving the Ivenson Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.
2.2 Create and Maintain a Trusted and Safer Environment.
· Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
· Conduct security investigations and risk assessments.
· Verify or authenticate information or identifications provided by you (such as to verify your Accommodation address or compare your identification photo to another photo you provide).
· Conduct checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with your consent where required.
· Comply with our legal obligations.
· Resolve any disputes with any of our Members and enforce our agreements with third parties.
· Enforce our Terms of Service and other policies.
· In connection with the activities above, we may conduct profiling based on your interactions with the Ivenson Platform, your profile information and other content you submit to the Ivenson Platform, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the Ivenson Platform if such processes detect a Member or activity that we think poses a safety or other risk to the Ivenson Platform, other Members, or third parties.
We process this information given our legitimate interest in protecting the Ivenson Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.
2.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing.
· Send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about Ivenson or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google).
· Personalize, measure, and improve our advertising.
· Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Ivenson or its third-party partners.
· Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the Ivenson Platform, information obtained from third parties, and your search and booking or buying history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.
We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your Ivenson Account.
2.4 How the Payments Data Controller uses the Information Collected.
· Enable you to access and use the Payment Services.
· Detect and prevent fraud, abuse, security incidents, and other harmful activity.
· Conduct security investigations and risk assessments.
· Conduct checks against databases and other information sources.
· Comply with legal obligations (such as anti-money laundering regulations).
· Enforce the Payment Terms and other payment policies.
· With your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences.
The Payments Data Controller processes this information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.
3.1 With Your Consent.
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third-party application or website to access your Ivenson Account or when you participate in promotional activities conducted by Ivenson partners or third parties.
3.2 Sharing between Members.
To help facilitate booking or buying or other interactions between Members, we may need to share certain information, including personal information, with other Members, as it is necessary for the adequate performance of the contract between you and us, as follows:
· When you as a Buyer submit a booking or buying request, certain information about you is shared with the Seller including your full name, the full name of any additional Buyers, your cancellation history, and other information you agree to share. When your booking or buying is confirmed, we will disclose additional information to assist with coordinating the trip, like your phone number.
· When you as a Seller have a confirmed booking or buying, certain information is shared with the Buyer to coordinate the booking or buying, such as your full name, phone number, and Accommodation or Item or Service address.
We don’t share your billing and payout information with other Members.
3.3 Profiles, Listings, and other Public Information.
The Ivenson Platform lets you publish information, including personal information, that is visible to the general public. For example:
· Parts of your public profile page, such as your first name, your description, and city, are publicly visible to others.
· Listing pages are publicly visible and include information such as the Accommodation or Item or Service’s approximate location (neighborhood and city) or precise location (where you have provided your consent), Listing description, calendar availability, your public profile photo, aggregated demand information (like page views over a period of time), and any additional information you choose to share.
· After completing a booking or buying, Buyers and Sellers may write Reviews and rate each other. Reviews and Ratings are a part of your public profile page and may also be surfaced elsewhere on the Ivenson Platform (such as the Listing page).
· If you submit content in a community or discussion forum, blog or social media post, or use a similar feature on the Ivenson Platform, that content is publicly visible.
Based on our legitimate interest to promote the Ivenson Platform we may display parts of the Ivenson Platform (e.g., your Listing page) on sites operated by Ivenson’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.
Information you share publicly on the Ivenson Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third-party search engines, and they may use caches containing your outdated information.
3.4 Additional Services by Sellers.
Sellers may need to use third party services available through the Ivenson Platform to assist with managing their Accommodation or providing additional services requested by you, such as cleaning services or lock providers. Sellers may use features on the Ivenson Platform to share information about the Buyer (like check-in and check-out dates, Buyer name, Buyer phone number) with such third-party service providers for the purposes of coordinating the stay, managing the Accommodation, or providing other services.
3.5 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.
Ivenson and Ivenson Payments may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against Ivenson, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, the Payment Terms or other agreements with Members, or (v) to protect the rights, property or personal safety of Ivenson, its employees, its Members, or members of the public.
These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our or a third party’s legitimate interest in keeping the Ivenson Platform secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage.
Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Ivenson’s property, its Members and the Ivenson Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
3.6 Service Providers.
Ivenson and Ivenson Payments uses a variety of third-party service providers to help us provide services related to the Ivenson Platform and the Payment Services. Service providers may be located inside or outside of the European Economic Area (“EEA”). In particular, our service providers are based in Europe.
Ivenson and the Ivenson Payments will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.
3.7 Corporate Affiliates.
To enable or support us in providing the Ivenson Platform and the Payment Services, we may share your information, including personal information, within our corporate family of companies (both financial and non-financial entities) that are related by common ownership or control.
· Sharing with Ivenson, Inc. Even if your Country of Residence is not the United States, your information may be shared with Ivenson, Inc. which provides the technical infrastructure for the Ivenson Platform, product development and maintenance, customer support, trust and safety and other business operation services to other Ivenson entities. The data sharing is necessary for the performance of the contract between you and us and is based on our legitimate interests in providing the Ivenson Platform globally.
Additionally, we share your information, including personal information, with our corporate affiliates in order to support and integrate, promote, and to improve the Ivenson Platform and our affiliates’ services.
3.8 Social Media Platforms.
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the Ivenson Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.
The social media platforms with which we may share your personal data are not controlled or supervised by Ivenson. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider.
Please note that you may, at any time ask Ivenson to cease processing your data for these direct marketing purposes.
3.9 Collection and Remittance of Occupancy Taxes.
In jurisdictions where Ivenson facilitates the Collection and Remittance of Occupancy Taxes as described in the “Taxes” section of the Terms of Service, Sellers and Buyers, where legally permissible according to applicable law, expressly grant us permission, without further notice, to disclose Sellers’ and Buyers’ data and other information relating to them or to their transactions, booking or buying, Accommodations and Occupancy Taxes to the relevant tax authority, including, but not limited to, the Seller’s or Buyer’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received (or due) by Sellers from Buyers, and contact information.
3.10 Government Registration.
In jurisdictions where Ivenson facilitates or requires a registration, notification, permit, or license application of a Seller with a local governmental authority through the Ivenson Platform in accordance with local law, we may share information of participating Sellers with the relevant authority, both during the application process and, if applicable, periodically thereafter, such as the Seller’s full name and contact details, Accommodation address, tax identification number, Listing details, and number of nights booked.
3.12 Business Transfers.
We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
4.1 Analyzing your Communications.
We may review, scan, or analyze your communications on the Ivenson Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on Ivenson's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
4.2 Linking Third Party Accounts.
You may link your Ivenson Account with your account at a third-party social networking service. Your contacts on these third-party services are referred to as “Friends.” When you create this link:
· some of the information you provide to us from the linking of your accounts may be published on your Ivenson Account profile;
· your activities on the Ivenson Platform may be displayed to your Friends on the Ivenson Platform and/or that third party site;
· a link to your public profile on that third party social networking service may be included in your Ivenson public profile;
· other Ivenson users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;
· other Ivenson users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking service;
· the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and
· the publication and display of information that you provide to Ivenson through this linkage is subject to your settings and authorizations on the Ivenson Platform and the third-party site.
We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.
The Ivenson Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Ivenson doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Ivenson, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
You may exercise any of the rights described in this section before your applicable Ivenson Data Controller and Payments Data Controller by sending an email to help@Ivenson.com. Please note that we may ask you to verify your identity before taking further action on your request.
6.1 Managing Your Information.
You may access and update some of your information through your Account settings. If you have chosen to connect your Ivenson Account to a third-party application, like Facebook, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
6.2 Rectification of Inaccurate or Incomplete Information.
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Ivenson Account).
6.3 Data Access and Portability.
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
6.4 Data Retention and Erasure.
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Ivenson Platform to you, you can request that we erase your personal information and close your Ivenson Account. Please note that if you request the erasure of your personal information:
· We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an Ivenson Account for fraud or safety reasons, we may retain certain information from that Ivenson Account to prevent that Member from opening a new Ivenson Account in the future.
· We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Ivenson and Ivenson Payments may keep some of your information for tax, legal reporting and auditing obligations.
· Information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible on the Ivenson Platform, even after your Ivenson Account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
· Because we maintain the Ivenson Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
6.5 Withdrawing Consent and Restriction of Processing.
Where you have provided your consent to the processing of your personal information by Ivenson you may withdraw your consent at any time by changing your Account settings or by sending a communication to Ivenson specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of Ivenson override your own.
6.6 Objection to Processing.
In some jurisdictions, applicable law may entitle you to require Ivenson and Ivenson Payments not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Ivenson and/or Ivenson Payments will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
Where your personal information is processed for direct marketing purposes, you may, at any time ask Ivenson to cease processing your data for these direct marketing purposes.
Under the Privacy Shield Framework, Ivenson and Ivenson Payments are subject to the authority of the Federal Trade Commission. If you have any questions or concerns relating to our Privacy Shield certification, contact us at Ivenson, Inc via email. If we are not able to resolve your concern, you may also contact your European Data Protection Authority or Commission or seek assistance from our designated Privacy Shield independent recourse mechanism, JAMS. In certain circumstances, you may also have the right to pursue binding arbitration through the Privacy Shield Framework, as described in Annex I to the Privacy Shield Principles.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Ivenson Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Ivenson Account, please contact us following the instructions in the Contact Us section below.