Please read our Terms of Service carefully.
They contain important information regarding your legal rights; remedies; and obligations.
These include various limitations and exclusions; a clause that governs jurisdiction and venue for disputes; and obligations to comply with applicable laws and regulations.
Using the Site, Application or Services without accordance to our Terms may subject you to civil and criminal penalties.
Edubed provides an online platform that connects Hosts who have accommodation to rent with Guests seeking to rent such accommodations.
This is known as 'Services'.
The Services are accessible at www.edubed.com and other websites through which Edubed makes the Services available.
These are known collectively as the 'Site'.
The Services are also accessible as applications for mobile devices, known as the 'Application'.
By using the Site or Application, you agree to comply with and be legally bound by the Terms and Conditions of these Terms of Service, known as 'Terms'.
This is the case whether or not you become a registered user of the Services.
These Terms govern your access to and use of the Site, Application and Services as well as all Collective Content (defined below).
The Terms constitute a binding, legal agreement between you and Edubed.
The Site, Application and Services comprise an online platform though which Hosts may create listings for accommodations; and through which Guests may learn about and book accommodations directly with the Hosts.
You understand and agree that Edubed is not a party to any agreements entered into between Hosts and Guests.
Edubed is not a property broker, agent or insurer.
Edubed has no control over the conduct of Hosts, Guests or other users of the Site, Application or Services; or the accommodations.
Edubed disclaims all liability in this regard to the maximum extent permitted by law.Last modified: 19 April 2016
'Edubed Content' means all Content that Edubed makes available through the Site, Application or Services.
'Content' means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
'Collective Content' means Member Content and Edubed Content.
'Guest' means a Member who requests from a Host the booking of an Accommodation via the Site, Application or Services. Guest also means a Member who stays at an Accommodation and is not the Host for such Accommodation.
'Host' means a Member who creates a Listing via the Site, Application and Services.
'Listing' means an Accommodation that is listed by a Host as available for rental via the Site, Application and Services.
'Member' means a person who completes Edubed's account registration process, including but not limited to Hosts and Guests, as described below under 'Account Registration'.
'Member Content' means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application and Services.
'Tax' or 'Taxes' mean any value added tax (VAT) that accommodation providers may be required by law to collect and remit to SARS; and other similar municipal, state, personal or corporate income taxes.
You acknowledge and agree that, by accessing or using the Site, Application and Services, or by downloading or posting any content from or on the Site, via the Application or through the Services, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the Site and Application.
If you do not agree to these terms, then you have no right to access or use the Site, Application, Services or Collective Content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, 'You' and 'Your' will refer and apply to that company or other legal entity.
Edubed reserves the right, at its sole discretion, to modify the Site, Application or Services; or to modify these Terms, including the Service Fees, at any time and without prior notice.
If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification.
We will also update the 'Last Updated Date' at the top of these Terms.
By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 years of age or older.
Any access to or use of the Site, Application and Services by anyone under 18 is expressly prohibited.
By accessing or using the Site, Application and Services you represent and warrant that you are 18 years or older.
The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties ('Accommodations').
Such Accommodations are included in Listings on the Site, Application and Services by Hosts.
If you wish to book an Accommodation or create a Listing, you must first register to create an Edubed Account (defined below).
As stated above, Edubed makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations directly with each other.
Edubed is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations.
Edubed does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services.
Unless explicitly specified otherwise in the Edubed platform, Edubed's responsibilities are limited to: (i.) Facilitating the availability of the Site, Application and Services and (ii.) Serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
Please note that, as stated above, the Site, Application and Services are intended to be used to facilitate Hosts and Guests connecting and booking Accommodations directly with each other.
Edubed cannot and does not control the content contained in any listings and the condition, legality and suitability of any accommodations.
Edubed is not responsible for and disclaims any and all liability related to any and all listings and accommodations.
Accordingly, any bookings will be made or accepted at the Member's own risk.
In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account ('Edubed Account') and become a Member.
Registration to join the Services is done directly with via the Site.
Your Edubed Account and your Edubed Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one (1) active Edubed Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Edubed reserves the right to suspend or terminate your Edubed Account and your access to the Site, Application and Services if you create more than one (1) Edubed Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Edubed Account, whether or not you have authorized such activities or actions. You will immediately notify Edubed of any unauthorized use of your Edubed Account.
As a Member, you may create Listings.To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation. You will also be asked about pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodations, you may not request the Guest to pay a higher price than in the booking request. You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Accommodation in a Listing you post (i) Will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) Will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties); Tax requirements; and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
Edubed does not endorse any Member or any Accommodation.You understand that images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Images are therefore not an endorsement by Edubed of any Member or any Accommodation. Members are required by these Terms to provide accurate information, and although Edubed may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background. Any references in the Site, Application or Services to a Member being 'verified' or 'connected' (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Edubed about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host, or to have any other interaction with any other Member. Edubed is not responsible for any damage or harm resulting from your interactions with other Members. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Edubed with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Edubed regarding the remittance of payments received from a Guest by Edubed on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled 'Limitation of Liability'.
'Total Cost of Stay' means the amounts that are due and payable by a Guest in exchange for that Guest's stay in an Accommodation.
The Host alone, and not Edubed, is responsible for the Total Cost of Stay for his or her Listing.
'Booking Fee' means the fee that Edubed charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Total Cost of Stay.
The Booking Fees will be displayed to the Guest when the Guest decides to book a Listing.
'Booking Deposit' means the amount that is paid to reserve a Host's Listing. This amount is non-refundable should a Guest want to cancel a booking and will be paid to the Host. The Booking Deposit amount is subtracted from the Total Cost of Stay so as to calculate the Outstanding Rent.
'Breakages Deposit' means the amount payable as a breakages deposit, as defined by the Host. The Breakages Deposit is refundable at the end of a Guest's stay according to the applicable terms and condition.
'Outstanding Rent' means the amount payable to the Host within two weeks of the booked dates of a Listing.
'Payment Due Now' means the amount that the Guest must pay on the Site in order to reserve a listing. It includes the Booking Deposit, the Breakages Deposit and the Booking Fee.
If you are a Host and a booking is requested for your Accommodation via the Site, Application or Services, it will automatically be saved into the calendar for that Listing, make it unavailable to other Guests.When a booking takes place, Edubed will send you an email confirming such booking. Edubed Payments will collect the Payments Due Now at the time of booking confirmation and will initiate payment of the Booking Deposit to the Host within 24 hours of when the Guest arrives at the applicable Accommodation (except to the extent that a refund is due to the Guest). The time it takes for the Host to receive payouts may depend upon the payout method chosen by the Host. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount. If you owe or agree to pay any amount via Edubed Payments to Edubed (whether as a result of your bookings or actions as a Guest or otherwise), then Edubed Payments may (but is not obliged to) withhold the amount owing to Edubed from any payout amounts due to you as a Host, and use the withheld amount to set-off the amount owed by you to Edubed. If Edubed Payments does so, then your obligation to pay Edubed will be extinguished to the extent of the amount withheld by Edubed Payments, and Edubed will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Edubed by you. Such communication may be made by Edubed or by anyone on its behalf, including but not limited to a third-party collection agent.
Each Host hereby appoints Edubed Payments as the Host's limited payment collection agent solely for the purpose of accepting the Booking Deposits and Breakages Deposits from Guests.Each Host agrees that payment made by a Guest through Edubed Payments, shall be considered the same as a payment made directly to the Host, and the Host will make the Accommodation available to the Guest in the agreed-upon manner as if the Host has received the Deposit amounts. Each Host agrees that Edubed may, in accordance with the cancellation policy, (i) permit the Guest to cancel the booking and (ii) refund (via Edubed Payments) to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. Each Host understands that as Edubed Payments accepts payments from Guests as the Host's limited payment collection agent and that Edubed Payments' obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. Edubed does not guarantee payments to Hosts for amounts that have not been successfully received by Edubed Payments from Guests. In accepting appointment as the limited authorized agent of the Host, Edubed Payments assumes no liability for any acts or omissions of the Host. Please note that Edubed does not currently charge fees for the creation of Listings. However, you as a Host acknowledge and agree that Edubed reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Edubed will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Hosts may choose to include breakages deposits in their Listings ('Breakages Deposits'). Each Listing will describe whether a Breakages Deposit is required for the applicable Accommodation. If a Breakages Deposit is included in a Listing for a confirmed booking of an Accommodation, and a Host makes a claim against such Breakages Deposit, Edubed Payments will, in its capacity as the payment collection agent of the Host, use its commercially reasonable efforts to charge the Guest's payment method in the amount of the Breakages Deposit, within a reasonable period of time after the Guest's check-out from the Host's Accommodation. Edubed will also use its commercially reasonable efforts to address Hosts' requests and claims related to Breakages Deposits, but Edubed is not responsible for administering or accepting any claims by Hosts related to Breakages Deposits, and disclaims any and all liability in this regard.
In consideration for the use of Edubed's online marketplace and platform, Edubed charges the Booking Fees.
Where applicable, Taxes (such as VAT) may also be charged in respect of the Booking Fees.
Booking Fees are, as noted above, included in the Payment Due Now.
Amounts may be rounded up or down as described in the 'Rounding Off' section below.
Please note that Edubed Payments, may impose or deduct foreign currency processing costs on or from any payments or payouts by Edubed in currencies other than South African Rands. More information on any such costs or deductions will be available via the Site and Application. Except as otherwise provided herein, Booking Fees are non-refundable.
If, as a Guest, you cancel your booking before the requested booking is confirmed by a Host, Edubed Payments will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a booking made via the Site, Application and Services, the Booking Deposit and the Booking Fees will not be refundable. Details regarding refunds and cancellation policies are available via the Site and Application. If a Host cancels a confirmed booking made via the Site, Services and Application, (i) Edubed Payments will refund the Payment Due Now for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Edubed containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest's requested booking, then the Guest agrees to pay Edubed the Booking Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms. If, as a Host, you cancel a confirmed booking, you agree that Edubed may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Edubed Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel. In certain circumstances, Edubed may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. Edubed Payments may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest. You agree that Edubed and the relevant Guest or Host will not have any liability for such cancellations or refunds. If, as a Host, your Guest cancels a confirmed booking or Edubed decides that it is necessary to cancel a confirmed booking, and Edubed issues a refund to the Guest, you agree that in the event you have already been paid Edubed shall be entitled to recover the amount of any such Guest refund from you, including by subtracting such refund amount out from any future Amounts due to you.
In some instances, Guests may be required to make recurring, incremental payments toward the Total Cost of Stay owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, 'Recurring Payments'). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Guest authorizes Edubed Payments, on behalf of the Host, to collect the Total Total Cost of Stay and the Host agrees that such Edubed entity will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, each as identified on the Site, Application and Services.
Edubed may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Edubed will round up an amount of R101.50 to R102.00, and R101.49 to R101.00. Some currencies are denominated in large numbers. In those cases, Edubed may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Edubed to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
You as a Guest or Host are responsible for any modifications to a booking that you direct Edubed Customer Service to make ("Booking Modifications"), and you agree to pay any Accommodation Fees, Guest Fees, Hosts Fees, Services Fees, and/or Taxes associated with such Booking Modifications.
Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to SARS any Taxes included or received by you. Edubed cannot and does not offer tax-related advice to any Members. Where applicable, or based upon request from a Host, Edubed may issue a valid VAT invoice to such Host. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the 'Tax Authority') where your Accommodation is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called 'occupancy taxes,' 'hotel taxes,' 'lodging taxes,' 'transient taxes,' 'sales and use taxes,' 'value added taxes,' 'room taxes' or 'tourist taxes' (hereafter, 'Occupancy Taxes').
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Edubed Account. Edubed also reserves the right to charge the credit card on file in your Edubed Account, or otherwise collect payment from you and pursue any avenues available to Edubed in this regard, including using Breakages Deposits, in situations in which you have been determined, in Edubed's sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts under the Edubed Host Guarantee, and in relation to any payments made by Edubed to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to Edubed (if applicable). Both Guests and Hosts agree to co-operate with and assist Edubed in good faith, and to provide Edubed with such information and take such actions as may be reasonably requested by Edubed, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by Edubed or a representative of Edubed regarding use or abuse of the Site, Application and Services. If you are a Guest, upon Edubed's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at shared cost between Host ad Guest, which process will be conducted by Edubed or a third party selected by Edubed or its insurer, with respect to losses for which the Host is requesting payment from Edubed. If you are a Guest, you understand and agree that Edubed 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 or to an Accommodation or any personal or other property located at an Accommodation. You agree to cooperate with and assist Edubed in good faith, and to provide Edubed with such information as may be reasonably requested by Edubed, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Edubed may reasonably request to assist Edubed in accomplishing the foregoing.
Guests agree that a confirmed reservation is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed reservation and in accordance with the Guest's agreement with the Host. Guests further agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest. If a Guest stays past the agreed upon checkout time without the Host's consent, they no longer have a license to stay in the Listing and the Host is entitled to make the Guest leave. In addition, Guests agree that the Host can charge the Guest, for each 24-hour period that the Guest stays over the agreed period without the Host's consent, an additional nightly fee of two times the average nightly fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave (collectively, 'Additional Sums'). Guests agree that Edubed Payments, in its role as limited collection agent for the Host, shall charge the Guest's credit card or other payment methods it has on file to collect these Additional Sums. In addition, Edubed Payments may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Guest's credit card or other payment method on file.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application and Services and Collective Content.
In connection with your use of the Site, Application and Services and Collective Content, you may not and you agree that you will not:
Edubed has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Edubed may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Edubed or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Edubed, its users, or members of the public. You acknowledge that Edubed has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Edubed reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Edubed, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of South Africa and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Edubed and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Our Services have different products and offerings, so sometimes additional terms or product requirements may apply to your use of those products. If additional terms are available for the relevant product or Services you use, those additional terms become part of these
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Edubed a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Edubed does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Edubed the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Edubed's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
All trademarks, service marks, logos, trade names and any other proprietary designations of Edubed used herein are trademarks or registered trademarks of Edubed. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ('Feedback'). You may submit Feedback by emailing us, through the Contact Us section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Edubed and you hereby irrevocably assign to Edubed and agree to irrevocably assign to Edubed all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Edubed's request and expense, you will execute documents and take such further acts as Edubed may reasonably request to assist Edubed to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Edubed respects copyright law and expects its users to do the same. It is Edubed's policy to terminate in appropriate circumstances the Edubed Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Edubed Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Edubed Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Edubed Account, your Member Content, or receive assistance from Edubed Customer Service, (b) any pending or accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to your Guests or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate Accommodations with other Hosts that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Edubed Account. You may cancel your Edubed Account at any time by sending us an email. Please note that if your Edubed Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
If you choose to use the site, application, services or collective content, you do so at your sole risk. You acknowledge and agree that edubed does not have an obligation to conduct background checks on any member, including, but not limited to, guests and hosts, but may conduct such background checks in its sole discretion. The site, application, services and collective content are provided 'as is', without warranty of any kind, either express or implied. Without limiting the foregoing, Edubed explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Edubed makes no warranty that the site, application, services, collective content, including, but not limited to, the listings or any accommodations, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Edubed makes no warranty regarding the quality of any listings, accommodations, hosts, guests, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, application or services. No advice or information, whether oral or written, obtained from Edubed or through the site, application, services or collective content, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, any hosts or guests. You understand that Edubed does not make any attempt to verify the statements of users of the site, application or services or to review or visit any accommodations. Edubed makes no representations or warranties as to the conduct of users of the site, application or services or their compatibility with any current or future users of the site, application or services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, guests and hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by edubed. Notwithstanding Edubed's appointment as the limited payment collection agent of the hosts for the purpose of accepting payments from guests on behalf of the hosts, Edubed explicitly disclaims all liability for any act or omission of any guest or other third party.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and collective content, your listing or booking of any accommodations via the site, application and services, and any contact you have with other users of Edubed whether in person or online remains with you. Neither Edubed nor any other party involved in creating, producing, or delivering the site, application, services, 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 these terms, from the use of or inability to use the site, application, services or collective content, from any communications, interactions or meetings with other users of the site, application, or services or other persons with whom you communicate or interact as a result of your use of the site, application or services, or from your listing or booking of any accommodation via the site, application and services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Edubed has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable hosts pursuant to these terms, in no event will Edubed's aggregate liability arising out of or in connection with these terms and your use of the site, application and services including, but not limited to, from your listing or booking of any accommodation via the site, application and services, or from the use of or inability to use the site, application, services, or collective content and in connection with any accommodation or interactions with any other members, exceed the amounts you have paid or owe for bookings via the site, application and services as a guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a host, the amounts paid by Edubed to you in the twelve (12) month period prior to the event giving rise to the liability, or one thousand South African Rands (R1000), 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 Edubed and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend, indemnify, and hold Edubed and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; and (d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation.
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Edubed by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
You may not assign or transfer these Terms, by operation of law or otherwise, without Edubed's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Edubed may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Edubed (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and your use of the Services will be interpreted in accordance with the laws of the Republic of South Africa, without regard to its conflict-of-law provisions.
You and Edubed agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, 'Disputes') will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Edubed are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Edubed otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this 'Dispute Resolution' section will be deemed void. Except as provided in the preceding sentence, this 'Dispute Resolution' section will survive any termination of these Terms.
The failure of Edubed to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Edubed. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
If you have any questions about these Terms please contact Edubed.