Term and conditions

Terms of Service PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS. IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING GUESTS FOR SHORT PERIODS.

THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON NICHE ESCAPES. TERMS OF SERVICE

If you are using the Site, Application or Services and you reside in the USA, you are contracting with Niche Escapes, Inc. If you reside outside of the USA, you are contracting with Niche Escapes UK. If you initially reside in the USA and contract with Niche Escapes, Inc., but subsequently change your residence to outside of the USA, you will contract with Niche Escapes UK from the date on which your place of residence changes, and vice versa. (Niche Escapes, Inc. and Niche Escapes UK are each hereinafter referred to as "Niche Escapes", "we", "us", or "our".)

Niche Escapes (hereafter referred to as "Niche Escapes", "we", "us", or "our") provides an online platform that connects hosts who have accommodations to rent with guests seeking to rent such accommodations (collectively, the “Services”), which Services are accessible at www.NicheEscapes.com and any other websites through which Niche Escapes makes the Services available (collectively, the “Site”) and as an application for mobile devices (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 ("Terms"), 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 and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Niche Escapes. Please also read carefully our Privacy Policy at http://www.Niche Escapes.co.uk/terms/privacy_policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties. THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR ACCOMMODATIONS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT NICHE ESCAPES IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS NICHE ESCAPES A REAL ESTATE BROKER, AGENT OR INSURER. NICHE ESCAPES HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. Key Terms “Niche Escapes Content” means all Content that Niche Escapes makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content. “Booking Request Period” means the time period starting from the time when a booking is requested by a Guest (as determined by Niche Escapes in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places. “Collective Content” means Member Content and Niche Escapes Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Guest” means a Member who requests from a Host a booking of an Accommodation via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation. “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 Niche Escapes’s account registration process, including but not limited to Hosts and Guests, as described under “Account Registration” below. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention center fees) that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes. Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, 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 OR TO PARTICIPATE IN THE REFERRAL PROGRAM. 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. Modification Niche Escapes 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 post the modification on the Site or via the Application or 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. Eligibility The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older. How the Site, Application and Services Work 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. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create an Niche Escapes Account (defined below). As stated above, Niche Escapes 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. Niche Escapes 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 and Niche Escapes 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 Niche Escapes platform, Niche Escapes’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. NICHE ESCAPES CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. NICHE ESCAPES IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.

Account Registration 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 (“Niche Escapes Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Niche Escapes Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Niche Escapes through the Site, Services or Application; or (ii) allowing Niche Escapes to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Niche Escapes and/or grant Niche Escapes access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Niche Escapes to pay any fees or making Niche Escapes subject to any usage limitations imposed by such third-party service providers. By granting Niche Escapes access to any Third-Party Accounts, you understand that Niche Escapes will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Niche Escapes Account and Niche Escapes Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Niche Escapes Account on the Site, Services and Application.

Please note that if a Third-Party Account or associated service becomes unavailable or Niche Escapes’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Niche Escapes Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

Niche Escapes makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Niche Escapes is not responsible for any SNS Content. We will create your Niche Escapes Account and your Niche Escapes Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Niche Escapes 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. Niche Escapes reserves the right to suspend or terminate your Niche Escapes Account and your access to the Site, Application and Services if you create more than one (1) Niche Escapes Account or if any information provided during the registration process or thereafter proves to be inaccurate, 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 Niche Escapes Account, whether or not you have authorized such activities or actions. You will immediately notify Niche Escapes of any unauthorized use of your Niche Escapes Account. Accommodation Listings 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 and 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 Accommodation, you may not request the Guest to pay a higher price than in the booking request. You acknowledge and agree that you are responsible for any and all Listings 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. Please note that Niche Escapes assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Niche Escapes reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Niche Escapes, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Niche Escapes’s then-current Policies and Community Guidelines (http://NicheEscapes.com ), or otherwise harmful to the Site, Application or Services. If you are a Host, you understand and agree that Niche Escapes does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Niche Escapes is not a party thereto. Notwithstanding the foregoing, Niche Escapes serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host (including cleaning or other fees and/or Taxes). When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements.

More information on how to set such requirements is available via the “Hosting” section of the Site, Application and Services. If you are a Host, Niche Escapes makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation. You acknowledge and agree that, as a Host, 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 Guest (and the individuals the Guest invites to the Accommodation, if applicable.) Niche Escapes recommends that Hosts obtain appropriate insurance for their Accommodations.

Please review any insurance policy that you may have for your Accommodation carefully, and in particular please 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 Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation. Niche Escapes may offer Hosts the option of having photographers take photographs of their Accommodations.

If you as a Host choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “Niche Escapes.com Verified Photo” or similar wording (“Verified Images”). All images, materials and content created by these photographers provided by Niche Escapes, including Verified Images, constitute Niche Escapes Content, regardless of whether you include them in your Listing. No Endorsement Niche Escapes does not endorse any Member or any Accommodation. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by Niche Escapes of any Member or any Accommodation. Members are required by these Terms to provide accurate information, and although Niche Escapes 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 Niche Escapes about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. Except as provided in the Niche Escapes Host Guarantee Terms and Conditions which is an agreement between Niche Escapes and Hosts, we are not responsible for any damage or harm resulting from your interactions with other Members.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Niche Escapes 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 Niche Escapes regarding the remittance of payments received from a Guest by Niche Escapes on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”. Bookings and Financial Terms Key definitions “Accommodation Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation. T`he Host alone, and not Niche Escapes, determines these amounts. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Niche Escapes platform, or (ii) Taxes that the Host determines that he or she has to collect. “Guest Fees” means the fee that Niche Escapes charges a Guest for the use of its online platform, which is calculated as a percentage of the applicable Accommodation Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host. “Host Fees” means the fee that Niche Escapes charges a Host for the use of its online platform, which is calculated as a percentage of the applicable Accommodation Fees. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest. “Service Fees” means collectively the Guest Fees and the Host Fees. “Total Fees” means collectively the Accommodation Fees and the Guest Fees (plus any Taxes in respect of Guest Fees, such as VAT in Europe).

Bookings and Financial Terms for Hosts If you are a Host and a booking is requested for your Accommodation via the Site, Application and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s Niche Escapes Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guest on such SNS, and (iv) an indication that the name that the Guest provided to Niche Escapes when the Guest became a Member matches the name that the Guest provided to the SNSs to which the Guest has linked his or her Niche Escapes Account, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Niche Escapes for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, Niche Escapes will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services. Niche Escapes will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and will initiate payment of the Accommodation Fees (less Niche Escapes’s Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) 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 method for receiving payouts 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 to Niche Escapes (whether as a result of your bookings or actions as a Guest or otherwise), then Niche Escapes may (but is not obliged to) withhold the amount owing to Niche Escapes from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to Niche Escapes. If Niche Escapes does so, then your obligation to pay Niche Escapes will be extinguished to the extent of the amount withheld by Niche Escapes, and Niche Escapes will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. Appointment of Niche Escapes as Limited Payment Collection Agent for Host Each Host hereby appoints Niche Escapes as the Host’s limited payment collection agent solely for the purpose of accepting the Accommodation Fees from Guests. Each Host agrees that payment made by a Guest through Niche Escapes 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 Accommodation Fees.

Each Host agrees that Niche Escapes may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. Each Host understands that as Niche Escapes accepts payments from Guests as the Host’s limited payment collection agent, Niche Escapes’s obligation to pay the Host is subject to and conditional upon Niche Escapes successfully receiving the payments from Guests. Niche Escapes does not guarantee payments to Hosts for amounts that have not been successfully received from Guests. In accepting appointment as the limited authorized agent of the Host, Niche Escapes assumes no liability for any acts or omissions of the Host. Please note that Niche Escapes does not currently charge fees for the creation of Listings. However, you as a Host acknowledge and agree that Niche Escapes reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Niche Escapes will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature. Bookings and Financial Terms for Guests The Hosts, not Niche Escapes, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services.

If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not Niche Escapes, will be responsible for performing the obligations of any such agreements, that Niche Escapes is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Niche Escapes disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Niche Escapes is not a party to the agreement between you and the Host, Niche Escapes acts as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to Niche Escapes, your payment obligation to the Host for the Accommodation Fees is extinguished, and Niche Escapes is responsible for remitting the Accommodation Fees (less Niche Escapes’s Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe), in the manner described in these Terms. In the event that Niche Escapes does not remit any such amounts as described in these Terms, such Host will have recourse only against Niche Escapes.

The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the booking request within the Booking Request Period, otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Niche Escapes will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit card will be released, if applicable. You as a Guest agree to pay Niche Escapes for the Total Fees for any booking requested in connection with your Niche Escapes Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Niche Escapes, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. Once Niche Escapes receives confirmation of your booking from the applicable Host, Niche Escapes will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Niche Escapes cannot control any fees that may be charged to a Guest by his or her bank related to Niche Escapes’s collection of the Total Fees, and Niche Escapes disclaims all liability in this regard. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Niche Escapes or its third-party payment processor. You agree to pay Niche Escapes for any confirmed bookings made in connection with your Niche Escapes Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Niche Escapes or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application.

You also authorize Niche Escapes to charge your credit card in the event of damage caused at an Accommodation as contemplated under “Damage to Accommodations” below and for Security Deposits, if applicable. If you are directed to Niche Escapes’s third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Security Deposits Hosts may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If a Security Deposit is included in a Listing for a confirmed booking of an Accommodation, Niche Escapes will, in its capacity as the payment collection agent of the Host, use its commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount the Host determines for the Security Deposit within a reasonable time prior to the Guest’s check-in at the applicable Host’s Accommodation. Niche Escapes will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Niche Escapes is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard. Service Fees In consideration for the use of Niche Escapes’s online marketplace and platform, Niche Escapes charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Host Fees and Guest Fees. Niche Escapes deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in these Terms. Guest Fees are, as noted above, included in the Total Fees. Balances will be remitted by Niche Escapes to Hosts via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” section below. Please note that Niche Escapes may impose or deduct foreign currency processing costs on or from any remittances by Niche Escapes in currencies other than U.S. dollars.

More information on any such costs or deductions will be available via the Site and Application. More information on Services Fees can be found athttp://www.Niche Escapes.co.uk/help. Except as otherwise provided herein, Service Fees are non-refundable. General Booking and Financial Terms Cancellations and Refunds If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Niche Escapes will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host. If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Niche Escapes will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Niche Escapes 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 Niche Escapes the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Niche Escapes, please contact Niche Escapes athttp://www.Niche Escapes.co.uk/help/contact_us. If, as a Host, you cancel a confirmed booking, Niche Escapes 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). You will be notified of the situations in which a cancellation fee applies before you decide to cancel. In certain circumstances, Niche Escapes may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons set forth in Niche Escapes’s Extenuating Circumstances policy athttp://www.Niche Escapes.com #extenuating_circumstances or for any other reason. Niche Escapes may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the Guest Refund Policy at http://www.Niche Escapes.co.uk/terms/guest_refund_policy. You agree that Niche Escapes and the relevant Guest or Host will not have any liability for such cancellations or refunds. Recurring Payments In some instances, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable.

If Recurring Payments apply to a confirmed booking, then the Guest authorizes Niche Escapes, on behalf of the Host, to collect the Total Fees and the Host agrees that Niche Escapes will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services. Rounding Off Niche Escapes 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, Niche Escapes will round up an amount of $101.50 to $102.00, and $101.49 to $101.00. Some currencies are denominated in large numbers. In those cases, Niche Escapes 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 Niche Escapes 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. Payment Processing Errors 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. Donations Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Host does in fact make the donation he or she pledged to make. In such cases, the Host in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.

Taxes Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Hosts, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US hosts with at least one Listing in the US. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you are a US Host and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both. You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Niche Escapes cannot and does not offer Tax-related advice to any Members.

Where applicable, or based upon request from a Host, Niche Escapes may issue a valid VAT invoice to such Host. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Accommodation is located may require Taxes to be collected by Hosts from Guests on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes are generally required to be collected and remitted as a percentage of the rent or Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, "Occupancy Taxes"). In certain jurisdictions, Niche Escapes may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from Guests on behalf of and in-lieu of Hosts, if such tax jurisdiction asserts Niche Escapes or Hosts have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate collection and remittance of Occupancy Taxes, whether you are a Guest or Host you hereby instruct and authorize Niche Escapes to collect Occupancy Taxes from Guests on behalf of and in lieu of Hosts at the time Accommodation Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When Niche Escapes facilitates collection or remittance of Occupancy Taxes in a jurisdiction for the first time, Niche Escapes will provide notice to existing Hosts with Listings for Accommodations in such jurisdictions.

The amount of Occupancy Taxes collected and remitted through facilitation by Niche Escapes, if any, will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Guests and Hosts agree that in any jurisdiction where Niche Escapes facilitates collection and remittance of Occupancy Taxes on behalf of and lieu of Hosts, such Hosts are not permitted to also collect and/or remit such taxes on any portion of the Accommodation Fees. Hosts and Guests acknowledge and agree that in some jurisdictions, Niche Escapes may not be able to facilitate collection and remittance of Occupancy Taxes. In any jurisdiction in which we have not provided notice of, or are not facilitating collection and remittance of Occupancy Taxes to the Tax Authority in your jurisdiction, Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations. For any jurisdiction in which we facilitate collection and remittance of Occupancy Taxes, Hosts and Guests expressly grant us permission to transfer data and other information relating to Occupancy Taxes, if any, collected and remitted relating to your transactions. Whether you are a Guest of Host, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by Niche Escapes in connection with collection and remittance of Occupancy Taxes, if any.

Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Niche Escapes from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority. Damage to Accommodations 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 Niche Escapes Account. Niche Escapes also reserves the right to charge the credit card on file in your Niche Escapes Account, or otherwise collect payment from you and pursue any avenues available to Niche Escapes in this regard, including using Security Deposits, in situations in which you have been determined, in Niche Escapes’s sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts under the Niche Escapes Host Guarantee, and in relation to any payments made by Niche Escapes 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 Niche Escapes (if applicable). Both Guests and Hosts agree to cooperate with and assist Niche Escapes in good faith, and to provide Niche Escapes with such information and take such actions as may be reasonably requested by Niche Escapes, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Niche Escapes Host Guarantee) or with respect to any investigation undertaken by Niche Escapes or a representative of Niche Escapes regarding use or abuse of the Site, Application or the Services.

If you are a Guest, upon Niche Escapes’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Niche Escapes or a third party selected by Niche Escapes, with respect to losses for which the Host is requesting payment from Niche Escapes under the Niche Escapes Host Guarantee. If you are a Guest, you understand and agree that Niche Escapes reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by Niche Escapes under the Niche Escapes Host Guarantee). You agree to cooperate with and assist Niche Escapes in good faith, and to provide Niche Escapes with such information as may be reasonably requested by Niche Escapes, 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 Niche Escapes may reasonably request to assist Niche Escapes in accomplishing the foregoing. Foreign Currency Niche Escapes’s online platform facilitates bookings between Guests and Hosts who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Niche Escapes platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location. Each foreign currency conversion is processed at a foreign currency conversion rate.

This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time. Key definitions “Display Currency” means the currency in which users view Listing prices on the Niche Escapes platform. Guests may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies. “Booking Currency” means the currency in which a Guest has to pay for his or her booking. At the time the Guest submits a booking request, the Niche Escapes platform will select the Booking Currency, based on the Guest’s country of origin and the payment methods available for that country. Niche Escapes supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency. “Listing Currency” means the currency in which a Listing’s price is set. The Listing Currency is set by the Host. “Payout Currency” means the currency in which a Host’s payout will be paid to the Host. The Payout Currency is set by the Host. “Base Exchange Rate” means a system-wide rate used by Niche Escapes for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by Niche Escapes. Niche Escapes establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com). “Adjusted Exchange Rate” means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by Niche Escapes for its holding costs and foreign currency risks. Foreign currency conversions on the Niche Escapes platform Niche Escapes will process a foreign currency conversion in the following situations: • The Display Currency is different from the Listing Currency when a user views a Listing: Niche Escapes will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Booking Currency, and it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied. • The Booking Currency is different from the Listing Currency when a Guest submits a booking request for a Listing: Niche Escapes will calculate the Total Fees in the Booking Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the booking request to the Total Fees in the Listing Currency. The Guest will be able to view the actual exchange rate applied. The Guest Fee, which is a percentage of the applicable Accommodation Fees, will be calculated based on the Accommodation Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Booking Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied. • The Payout Currency is different from the Listing Currency when Niche Escapes initiates a payout: generally, Niche Escapes will calculate the payout to the Host, by applying the Base Exchange Rate on the date that Niche Escapes initiates the payout to the Accommodation Fees (less Niche Escapes's Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) in the Listing Currency.

The Host will be able to view the actual exchange rate applied in his or her transaction history in the Site or Application. In some cases where the payout method selected by the Host involves certain third-party payment processors (such as Western Union), (i) Niche Escapes will send the payout amount to the processor in a major currency (e.g. US dollars), by applying the relevant Base Exchange Rate for the Listing Currency to that major currency, (ii) the Host will be able to view the payout amount sent by Niche Escapes in that major currency in his or her transaction history in the Site or Application, and (iii) the processor will calculate the actual payout to the Host by applying its own foreign currency conversion rate for that major currency to the Payout Currency. • When a confirmed booking is modified or cancelled, and there had been a foreign currency conversion when the booking was submitted: the foreign currency conversion for any additional payments required of the Guest or any refund to the Guest will be processed at the same rate as applied to the earlier payment by the Guest. When you as a Guest submit a booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking. Niche Escapes updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, Niche Escapes does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed. Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Niche Escapes.

User Conduct You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not: • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; • use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content; • use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms; • copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms; • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; • use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence; • "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Niche Escapes Guest or Host; • offer, as a Host, any Accommodation that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party); • offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement; • register for more than one Niche Escapes Account or register for an Niche Escapes Account on behalf of an individual other than yourself; • unless Niche Escapes explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself; • contact a Host for any purpose other than asking a question related to a booking, such Host’s Accommodations or Listings; • contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site, Application and Services; • recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to Niche Escapes, without Niche Escapes’s prior written approval; • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; • use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content; • use the Site, Application, Services or Collective Content to find a Host or Guest and then complete a booking of an Accommodation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Niche Escapes’s provision of the Services or for any other reasons; • as a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor; • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; • use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Niche Escapes’s name, any Niche Escapes trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Niche Escapes’s express written consent; • access, tamper with, or use non-public areas of the Site, Application or Services, Niche Escapes’s computer systems, or the technical delivery systems of Niche Escapes’s providers; • attempt to probe, scan, or test the vulnerability of any Niche Escapes system or network or breach any security or authentication measures; • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Niche Escapes or any of Niche Escapes’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content; • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information; • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or • advocate, encourage, or assist any third party in doing any of the foregoing. Niche Escapes has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Niche Escapes 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 Niche Escapes or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the Niche Escapes Host Guarantee (see http://www.Niche Escapes.co.uk/terms), (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Niche Escapes , its users, or memebrs of the public . You acknowledge that Niche Escapes 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. Niche Escapes reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Niche Escapes, 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. Privacy See Niche Escapes’s Privacy Policy at http://www.Niche Escapes.co.uk/terms/privacy_policy for information and notices concerning Niche Escapes’s collection and use of your personal information.

Mangopay Term and conditions


Framework Contract for Payment Services using MANGOPAY Electronic Money


Entered into between:

The customer, a natural person being of age and having full capacity, resident in a European Union Member State or in a State party to the Agreement on the European Economic Area or an equivalent third country, or a legal person registered in one of these states, who wishes to use Electronic Money issued by Leetchi Corp S.A. as a means of payment on the Website.
hereinafter referred to as “You” or the “User”, on the one hand; and,
Leetchi Corp. S.A., a public limited liability company incorporated under Luxembourg law, with a share capital of 500,000 euros and registered offices at 59 Boulevard Royal L-2449, listed under number B173459 in the Luxembourg Trade and Companies Register, authorised to conduct its business in France under the freedom of establishment, as an electronic money institution approved by the Financial Sector Supervisory Commission, 110 route d’Arlon L-1150 Luxembourg, www.cssf.lu,
hereinafter referred to as the “Issuer”, on the other hand;
Hereinafter jointly referred to as the “Parties”,

Warning


Please carefully read these General Terms and Conditions for the Use of Electronic Money and the Financial Conditions communicated to you on the Website before accepting them. Please note that the language used to communicate with the Issuer is either French or English.
1. Definitions

For the purposes hereof, the words hereafter are defined as follows:
Banks:
Credit institutions that hold funds collected by the Issuer corresponding to the Electronic Money in circulation. The institutions selected are currently Barclays, Crédit Mutuel Arkéa and ING Luxembourg. The Issuer reserves the right to select any other credit institution based in a European Union Member State or in a State party to the agreement on the European Economic Area. The current list of the selected credit institutions is available upon request at Leetchi Corp S.A.
Beneficiary:
Any natural or legal person acting on their own behalf, designated by the User from among the clients of the Website, who receives Electronic Money as part of a Payment Transaction. Any Beneficiary can become a User as defined herein upon acceptance of the Framework Contract, subject to the Issuer approval. In certain cases, the Beneficiary may be the Distributor, in accordance with the Special Conditions.
Card:
bank, payment or credit card used by the User to pay to the Issuer the purchase price of the Electronic Money. This card belongs to one of the following networks: Visa, MasterCard, CB, Amex.
General Conditions of Use of Electronic Money:
Means the present document.
Special Conditions of Use of Electronic Money:
Means the form to be filled out by the User on the Website containing his/her personal data and the applicable Financial Conditions for Electronic Money.
General Conditions of the Website:
Means the general conditions of use of the Website concluded between the User acting as a customer of the Website and the Distributor, including those governing access to the Website.
Framework Contract:
Means the General and Special Conditions for the Use of Electronic Money. Financial Conditions: Means the document comprising all the fees due by the User for the purchase, use and management of Electronic Money, as provided in the Special Conditions of Use.
Account:
Means an internal reference allowing the Issuer (i) to identify in its records each transaction involving the purchase, use and reimbursement of Electronic Money carried out on behalf of a User, and (ii) to determine the amount of Electronic Money available held by the latter at a time T. The Account may under no circumstances be compared to a deposit account, a current account or a payment account.
Distributor:
Means the entity whose contact information is stated in the Special Conditions and who operates the Website. The Distributor prepares, facilitates and advises its customers, for the purpose of concluding the Framework Contract through the Website. It assists the customers for the duration of their relationship with the Issuer within the context of carrying out Payment Transactions, including Purchases and Reimbursements of e-money. To this end, the Distributor provides each customer with a dedicated user service for Payment Transactions carried out hereunder. The Distributor does not collect funds apart from those agreed in the Financial Conditions.
Issuer:
Means Leetchi Corp. SA, an issuer of Electronic Money licensed in Luxembourg by the Financial Sector Supervisory Commission under reference n°3812 and entitled to conduct business in the host country indicated in the Special Conditions. The Issuer is on the list of electronic money institutions available at www.cssf.lu/surveillance/ep-eme/listes-officielles/.
Login:
Means the data required for the Issuer to identify a User in order to carry out a payment Transaction, consisting of a user name (valid email address).
Business Day:
Means a calendar day, apart from Saturdays, Sundays and public holidays, in Metropolitan France, Luxembourg and in the host country indicated in the Special Conditions, on which the payment infrastructures of these countries and the Banks used carry out their normal business and operations.
Electronic Money:
Means the monetary value available at a time T and representing a debt payable by the Issuer to the User. Electronic Money is issued by the Issuer in exchange for the User’s delivery of the corresponding funds and constitutes a mean of payment exclusively accepted by the Beneficiaries. The Issuer stores the e-money on its server in an Account opened for this purpose. Order: Means the instruction given by the User to the Issuer in accordance with the procedure specified in the Framework Contract, for the purpose of carrying out a Payment Transaction and/or Reimbursement.
Payment Transaction:
Means the transfer of Electronic Money to the User’s designated Beneficiary on the Website.
Payment Page:
Means the secure page provided by the Issuer’s electronic banking provider. Reimbursement: Means the transfer by the Issuer upon an Order from the User, of cashless payments corresponding to all or part of the available Electronic Money held by him/her, less any costs due.
Website:
Means the website operated by the Distributor with the aim of selling goods or services to Users or to establish links between Beneficiaries and Users. The address of the relevant Website is indicated in the Special Conditions..
User:
Any natural or legal person acting on their own behalf and holding Electronic Money registered in an Account opened in their name, in order to carry out one or more Payment Transactions.
2. Purpose

The purpose of these General Conditions of Use of Electronic Money is to define the conditions under which the Issuer provides the User with a means of payment exclusively accepted by the Beneficiaries in the context of their relationships established through the Website.
The proposed means of payment must be consistently prepaid by the User and will not be subject to any advance, credit or discount. It is based on the Electronic Money issued and managed by the Issuer.
The Issuer has mandated the Distributor to offer this means of payment to customers of the Website, to facilitate the conclusion thereof and to assist the Users for the duration of their relationship with the Issuer.
These General and Special Conditions of Use of Electronic Money constitute the whole Framework Contract entered into between the Parties regarding the issue, use and management of the Electronic Money issued by the Issuer.
The User can, at all times and without any supplemental fees, obtain a copy of these documents on the Website. Only the Framework Contract shall be valid in case of litigation.
3. User Registration

3.1 Necessary preconditions for User registration
Any natural person of at least 18 (eighteen) years of age, legally competent, as well as any legal person, resident of or registered in a European Union Member State or in a State party to the agreement on the European Economic Area, can request to open an Account, provided that they are a customer of the Website.
The User, a natural person, will be deemed to be acting exclusively for non-professional purposes.
3.2 Registration procedure and procedure for opening an Account

The customer must provide the Distributor with:
 His/her surname, name, email address, date of birth and nationality (for natural persons) or
 The name, corporate form, capital, head office address, business description, identities of associates and executives, as well as a list of beneficial owners as defined by the regulations (for legal persons),
if the Distributor is not already in possession of this information.
The customer must indicate a Login, consisting of a User name and a password, or connect via his/her Facebook account. He/she is solely responsible for maintaining the confidentiality of his/her Login. He/she agrees not to use the Account, name or Login of another User at any time, nor to disclose his/her Login to a third party. He/she agrees to immediately inform the Distributor in the event that he/she suspects an unauthorised use of his/her Login via the following email address: .................................................... The User is solely responsible for the use of his/her Login.
After carefully reading the Framework Contract, the customer must accept it in accordance with the terms specified on the Website and must provide all information and relevant documents requested from him/her by the Distributor. By accepting the terms of the Framework Contract, the customer agrees that the Distributor transmits his/her application to register as a User to the Issuer, together with all supporting documents received.
Only the Issuer can accept the registration of a customer of the Website as a User and open an Account in his/her name. The Distributor will notify the User of this agreement by any means in accordance with the terms specified on the Website.
The Issuer may, without stating reasons and with no right to compensation for the customer, refuse an application to register as a User and to open an Account. The customer will be notified of this refusal by the Distributor by any means in accordance with the terms specified on the Website.
In addition, the Issuer reserves the right to ask the User, before any registration and at any point in the duration of the Framework Contract, for supplementary information and identification data for the purposes of identity checks, as well as any supporting documents that he/she may deem necessary. The User declares upon submission of his/her request to register to the Distributor and throughout the duration of the Framework Contract that:
- (a) he/she is at least 18 (eighteen) years old and legally competent;
- (b) he/she is acting on his/her own behalf;
- (c) all information provided during registration is true, accurate and up-to-date.
3.3 Account use limitations

At the Issuer’s discretion, a User who has not provided all the required documents as listed below may be expressly authorised by the Issuer to use his/her Account for the purchase of goods or services up to a limit of 2,500 Euros of Electronic Money held by a User within the same civil year, provided that this Electronic Money has not been subject to requests for reimbursement exceeding 1,000 Euros per civil year.
Upon receipt of all the documents listed below and provided that they are deemed satisfactory by the Issuer, the User may initiate reimbursements exceeding 1,000 Euros per civil year and hold an amount of Electronic Money exceeding 2,500 Euros per civil year. These Reimbursements will only be granted if the purchase or Reimbursement of Electronic Money is carried out to or from an account opened in the User’s name with Payment Services Provider established in a European Union Member State or in a state party to the agreement on the European Economic Area or in a third country that imposes the equivalent requirements regarding money laundering and the financing of terrorism. The documents required for any User who is a natural person in accordance with the above are as follows:
- A copy of an official and valid identity document (e.g. identity card, driving licence, or a passport for nationals of a country outside the European Union),
- And, on request, a proof of residence which is less than 3 months old.
The documents required for any User who is a legal person in accordance with the above are as follows:
- An original or copy of an extract of the official register, less than three months old and stating the name, legal form, head office address and the identities of associates and executives;
- A certified copy of the statutes and any decisions appointing the legal representative;
- A copy of the legal representative’s identity card or passport and, where appropriate, of the beneficial owner.
It is expressly provided that the Issuer retains the right to request at any time additional documents regarding the User, the Beneficiary, the beneficial owner or any Payment Transaction or Reimbursement.
The Beneficiary is considered to be the beneficial owner as defined in the regulations. Where appropriate, the Beneficiary agrees to provide his/her email address, date of birth and nationality, as well as the postal address of the person to whom the Beneficiary will pay the funds.
4. Operation of the Account

4.1 Purchase of Electronic Money
Electronic Money can be purchased by Card (or any other means accepted by the Issuer), in one or more instalments.
To carry out such a transaction, the User will identify him/herself on the Website by using its User name (valid email address) and password, or by connecting through its Facebook account. The money transfer order is entered on a dedicated payment Page. For any payment, the User may be asked to enter a single-use code on such page, received on his/her mobile phone,. Where applicable, it is the responsibility of the Issuer to refuse any payment at its sole discretion and without giving rise to any right to compensation. The transaction is carried out by the Card issuer. Any dispute concerning such transfer must be notified to the said Card issuer. The Issuer is not entitled to cancel such a transfer. Notwithstanding the foregoing, the User may receive a Reimbursement of Electronic Money in accordance with article 4.4.
The registration of Electronic Money in the User’s name is subject to the actual receipt of funds collected less the costs agreed in the Finantial Conditions. In the event that the transfer of funds is cancelled by the Card issuer following a dispute, for whatever reason, the Issuer may, upon receipt of the information, suspend or cancel any payment Transaction, close the Account concerned, debit, at any time, the Account for the amount of Electronic Money corresponding to the funds of the cancelled transfer and recover the amount due from the User by any means.
4.2 Functioning of the Account

The Electronic Money is stored for an indefinite duration on the User’s Account by the Issuer under the agreed Financial Conditions.
The Electronic Money purchased is credited to the User’s Account, following the receipt of the funds transferred by Card (or any other means accepted by the Issuer). The amount to be credited is equal to such funds less the corresponding costs as provided in the Financial Conditions. Upon the User’s Order, the Electronic Money corresponding to the amount of the Payment Transaction or Reimbursement is debited from its Account and the related costs, as provided in the Financial Conditions.

The Issuer is entitled, at any time, to reimburse an amount of available Electronic Money on the Account equal to the charges due and payable, as provided in the Financial Conditions. The amount of Electronic Money available on the Account is automatically adjusted based on the Orders transmitted to the Issuer (or in the process of being transmitted), the Electronic Money issued, any charges due and payable and any cancellation of one of the aforementioned transactions hereunder.
4.3 The use of Electronic Money to carry out a payment Transaction

Before transmitting an Order, the User must be sure to have a sufficient amount of Electronic Money available to cover the Payment Transaction amount and the related costs as agreed in the Financial Conditions.
Where appropriate, the User must acquire a sufficient amount of Electronic Money in accordance with article 4.1 before an Order can be legitimately transmitted to the Issuer for execution. The Electronic Money may be issued and stored by the User, provided that, the corresponding funds, are duly received by the Issuer. The Electronic Money may in no way be issued on the basis of a credit granted to the User.
As such, if the amount of available Electronic Money, at the date of execution of the Order by the Issuer, is lower, than the amount of the Payment Transaction (fees included), the Order is automatically refused by the Issuer. The information about this refusal is made available to the User on the Website. This refusal may give rise to additional fees in accordance with the Financial Conditions. The transmission terms of an Order by the User are as follows:
When carrying out a Payment Transaction, the User logs on to the Website by entering his/her Login and password or by connecting through his/her Facebook account. The User completes the relevant form on the payment Page and, where appropriate, provides the supporting documents requested by the Issuer. The form should include the following components:
- the Payment Transaction amount, the currency, which may only be the currency of the Electronic Money, the details required to identify the Beneficiary, the date of execution of the Order and any other required information. The Order becomes irrevocable when the User clicks on the validation tab on the form. The User then receives a confirmation email on a date referred as the ‘Date of Receipt’. In certain cases, the User may fill in a single form containing the purchase of electronic money as provided in article 4.1 and a Payment Transaction Order in compliance with the previous paragraph. Execution of the Order
The Electronic Money is debited from the User Account to be credited to the Beneficiary Account, following the User instructions. As such, the Beneficiary may open an Account in accordance with article 3.2 in order to receive the Electronic Money if he/she is not already a User. Where appropriate, the funds corresponding to the Electronic Money transferred to the Beneficiary can be directly reimbursed to a bank account or a payment account opened in the name of the Beneficiary upon the receipt by the Issuer of the relevant account details. For this purpose, the Beneficiary must provide the IBAN number and SWIFT code of his/her bank or payment account as well as his/her address. This account must be opened by a bank or a payment institution, based in a European Union Member State or in a State party to the agreement on the European Economic Area.
It is agreed between the Parties that the Payment Transaction will be executed, at the latest, two (2) Business Days following the Date of Receipt if the Beneficiary has an Account. Where appropriate, the Date of Receipt will be deferred to the opening of the Account or to the date the Issuer receives the bank or payment account details of the Beneficiary to whom the funds are due.
If the Date of receipt is not a Business Day, it will be considered to be the following Business Day for any Order issued after 12pm.
4.4 Transmission and execution of a Reimbursement Order

When the User wishes to transmit a Reimbursement Order, the User identifies him/herself on the Website by indicating his/her Login and password or by connecting through his/her Facebook account. The User completes the relevant form on the payment Page and, where appropriate, provides the supporting documents requested by the Issuer. The form must contain the following components: the Reimbursement amount, the currency, which may only be the currency of the Electronic Money, the date of execution of the Order and any other required information. The Order becomes irrevocable when the User clicks on the validation tab on the form. The User then receives a confirmation email on a date referred as the ‘Date of Receipt’..
The Reimbursement of electronic money purchased by Card by a User will occur by crediting the Card used by the User to purchase such Electronic Money.
Where applicable, it will be carried out by money transfer to the bank account or payment account of the Beneficiary, whose contact details will be notified to the Issuer (‘Date of notification’). It is agreed between the Parties that the Reimbursement will be carried out, at the latest, two (2) Business Days following the Date of Receipt or of notification as appropriate. If the Date of Receipt is not a Business Day, it will be considered to be the following Business Day for any Order issued after 12pm.
4.5 Withdrawal of an Order

An Order may not be withdrawn by the User after the date, on which it is deemed irrevocable as indicated above.
5. Login objection, Transaction dispute and Reporting

5.1 Login objection
The User must inform the Distributor of the loss or theft of his/her Login, or misuse or unauthorised use of his/her Login or data as soon as he/she becomes aware of this fact in order to request that the Login be blocked. Such a declaration should be made:
- by telephone call to the customer service of the Distributor at the number indicated in the Special Conditions;
or
- directly by email through the contact form available on the Website.
The Issuer, through the Distributor, will immediately execute the objection request for the Login concerned. The event will be recorded and time stamped. A time stamped objection number will be communicated to the User. A written confirmation of this execution of the objection request will be sent from the Distributor to the User concerned by email. The Issuer is responsible for the file at an administrative level and retains all the data for 18 (eighteen) months. Upon written request by the User and before expiration of such a deadline, the Issuer will communicate a copy of this objection. Any objection request shall be confirmed without delay by the User concerned, via a letter signed by the latter, handed over or sent by registered mail or email to the Issuer at the postal address mentioned at the beginning of this document or at the address indicated in the Special Conditions.
The Issuer and Distributor shall not be held liable for the consequences of any objection made by fax or email by a person who is not the User.
An objection request is deemed to be made at the date and hour of its actual receipt by the Distributor. In case of theft or fraudulent use of the Login, the Issuer is entitled to request, through the Distributor, a receipt or a copy of the complaint from the User who undertakes to respond as soon as possible.
5.2 Transaction Dispute

For any claim concerning Payment Transactions or Reimbursements executed hereunder by the Issuer, the User is advised to consult the customer service of the Distributor or the address indicated for this purpose in the General Conditions of the Website. If an Order is executed by the Issuer containing errors committed by the latter, the Order will be cancelled and the Account will be restored to its former state before the receipt of the Order. The Order is then resubmitted correctly.
A User who wishes to dispute a Payment Transaction not authorised by him/her shall contact the customer service of the Distributor by telephone (contact details shown on the Website) as soon as possible after becoming aware of the anomaly and within 13 months of the date of the Account registering the Payment Transaction. This time period applies outside the European Economic Area (not including Saint Pierre and Miquelon and Mayotte) or to a User acting for professional purposes. After validation of the legitimacy of the request, the Issuer will cancel the Order and restore the Account with temporary credit to the amount it would contain if the disputed transaction had never been executed. After investigation of the validity of the dispute the Issuer will adjust the Account accordingly and is authorised to reverse any unduly implemented entries.
In the event of a loss or theft of the security measure (Login and password), unauthorised transactions carried out before notification of the dispute are the responsibility of the User, up to a maximum of 150 Euros. However, the Issuer may not be held liable in case of any fault of the User, such as wilful neglect or gross negligence with regard to his/her obligations, late submission of the dispute or bad faith. In the case of loss or theft or misappropriation of the personalised security measure, losses arising from orders submitted before the D by the User are borne by the Issuer, except in case of misconduct, as defined above. Transactions carried out after the dispute are borne by the Issuer except for cases of fraud.
The User may dispute an authorised transaction whose exact amount is undefined or those whose final amount is not that which he/she could have reasonably expected taking into account his/her profile, previous expenditures and the Framework Contract conditions. This request must be submitted to the Issuer within 8 weeks of the execution of the Order on the Account. The Issuer must reimburse the User within a period of 10 Business Days after receipt of the request, if the latter proves justified, taking into account the regulations, and whether the request consists of all the components necessary for examination by the Issuer. The Issuer reserves the right to refuse such a reimbursement, which will be explained and notified to the User. The latter will provide the necessary information in order to determine the circumstances of the Payment Transaction. The fees resulting from the Payment Transactions concerned, are not reimbursed by the Issuer. The fees indicated in the Special Conditions may be collected in the case of a non-justified Transaction dispute.
5.3 Reporting

The User may access, at any time, on its personal page on the Website, the indicative amount of Electronic Money available on his/her Account. The User has, on his/her personal page on the Website, a statement of Payment Transactions carried out on the Account. The User is advised to pay careful attention to the list of these Transactions.
The Issuer shall make available to the User upon written request a monthly statement of the Account, covering the 13 previous months.
6. Amendment of the Contract

The Issuer reserves the right, at any time, to amend the General Conditions of Use of Electronic Money. Such amendments are made available by the Distributor to all Users on the Website. Any User may refuse the amendments proposed and must notify the Distributor’s customer service of its refusal by registered letter with an acknowledgement of receipt two months before the date the proposed amendments come into force (date as per postmark) to the address of the head office of the Issuer indicated on the first page. The two months period starts from the date on which the amendments are made available to the Users on the Website.
In the event of failure to notify his/her refusal before the end of the two months period come into force,, the User is deemed to have accepted the proposed amendments. The relationship between the Parties after the date the amendments come into force shall be governed by the new version of the General Conditions of Use.
It is therefore important that the User reads his/her emails and regularly reads the General Conditions of Use of Electronic Money available on the Website at any time. In case of refusal by the User of the amendments, without fees, this refusal may give rise to the cancellation of the General Conditions of Use of the Electronic Money, and to the Reimbursement of Electronic Money belonging to him/her.
7. Security

The Issuer undertakes to provide its services in accordance with the applicable and professional laws and regulations. In particular, the Issuer will make every effort to ensure the security and confidentiality of the User’s data, in compliance with current regulations in force.
The Issuer reserves the right to temporarily suspend access to the Account on line for technical, security or maintenance reasons, without these operations being eligible for any compensation. The Issuer will limit this type of interruption to a necessary minimum.
The Issuer cannot, however, be held liable to the User for possible errors, omissions, interruptions or delays produced by the Website resulting in an unauthorised access to the latter. Nor can the Issuer be held liable for thefts, destruction or unauthorised communications of data arising from unauthorised access to the Website. In addition, the Issuer will remain uninvolved in the existing legal relationship between the User and the Beneficiary of the payment Transaction. The Issuer cannot be held liable for faults, wilful default or negligence of the User or Beneficiary towards each other.
The Distributor is solely responsible for the security and confidentiality of the data exchanged within the framework of the use of the Website, in accordance with the General Conditions of the Website; the Issuer is responsible for the security and confidentiality of the data that he/she exchanges with the User within the context of these General Conditions in respect of the creation and management of the Account, as well as the payment Transactions associated with the Account.
8. Limitation of Issuer liability

The Issuer will not intervene in any way in the legal and commercial relationships and any litigation arising between the Beneficiary and the User. The Issuer has no control over the compliance, security,
legality, characteristics and appropriateness of the products subject to a Payment Transaction. In this respect, it is up to the User to obtain all useful information before proceeding to the purchase of a product or service, the collection of funds or any other transaction, in full knowledge of all the considerations involved. Any transaction carried out by the User gives rise to a contract directly formed between him/her and the Beneficiary(s) with whom the Issuer has no contact. The latter cannot, under any circumstances, be held liable for the non-performance or poor execution of obligations that may result, nor possible damages caused to the User in this respect.
Notwithstanding any provision to the contrary in the present Contract, the responsibility of the Issuer with regard to a User is limited to the repair of direct damages as provided by the regulations.
9. User Commitments

The User guarantees that no part of its profile on the Website will harm the rights of third parties or is contrary to the law, to public order or to accepted principles of morality. He/she undertakes not to:
- Execute the Contract in an illegal manner or in conditions that are likely to damage, deactivate, overload or impair the Website;
- Assume the identity of another person or entity, falsify or conceal his/her identity or age, or create any false identity;
- Disseminate personal data or information concerning a third party, such as postal addresses, telephone numbers, email addresses, bank card numbers etc.
In the event of User default, the Issuer reserves the right to take any appropriate measures in order to stop the relevant actions. He/she will also be entitled to suspend and/or block access to the Account.
10. Duration and Termination

The General Conditions of Use are concluded for an unlimited period. They are applicable from the date of receipt by the User of the email confirming his/her registration.
The User can terminate the Framework Contract, at any time, and subject to compliance with a notice period of 30 (thirty) calendar days. The Issuer can terminate the Framework Contract, at any time, subject to compliance with a notice period of two months.
Such termination shall also constitute the termination of the entire Framework Contract and consequently the closure of the Account.
In order to do this, each Party shall transmit a notice of termination to the other Party by registered letter with an acknowledgement of receipt, to the postal and email address indicated in the Special Conditions.
The User shall indicate his/her bank or payment account details in the termination letter enabling the Issuer to reimburse him/her with the available Electronic Money. In the absence of such information, the Issuer shall follow the Reimbursement instructions entailing the reimbursement by credit to the Card used for the purchase of Electronic Money. The Issuer has no more obligation after having confirmed with the User the transfer to the bank account indicated or the credit to the Card of the amount of the Electronic Money.
In the event of gross default, fraud or lack of payment on the part of the User, the Issuer reserves the right, without cause or prior notice, to suspend or terminate these conditions by sending an email accompanied by a registered letter with acknowledgement of receipt.
In the event that a successor to the Issuer is nominated to issue the Electronic Money distributed on the Website, it is the responsibility of the Distributor to obtain the User’s express written consent to this change, about the amount of Electronic Money available and to indicate the arrangements for the transfer of funds corresponding to the available Electronic Money to the Issuer.
It is envisaged that the Framework Contract will be automatically terminated in the event of new circumstances affecting the ability of one Party to commit to these conditions.
11. Right of Withdrawal

The User has a period of 14 (fourteen) calendar days to withdraw the Contract, without having to either justify any reason or sustain any penalty. This deadline for withdrawal shall start from the day of the User registration.
The User must notify a request of withdrawal within the prescribed deadline to the Distributor’s customer service by telephone or email and send a letter of confirmation to the address of the customer service of the Distributor. In respect of the exercise of a right of withdrawal by the User, the Framework Contract will be resolved without fees.
In the event that a User has already benefited from the service and is in possession of Electronic Money at the date of the withdrawal, he/she must transmit his/her bank account details to the Distributor in order to allow the Issuer to reimburse the User with Electronic Money.
12. Anti money laundering and terrorism financing

The Issuer is subject to the entire French and Luxembourg legislation regarding the combating of money laundering and the financing of terrorism.
Pursuant to the provisions of French and Luxembourg law relating to the participation of financial institutions in combating money laundering and the financing of terrorism, the Issuer must obtain information from any User, for any transaction or business relationship, of the origin, purpose and destination of a transaction or opening of an Account. In addition, the Issuer must take all the steps necessary to identify the User and, where appropriate, the Beneficiary owner of the Account and/or any payment Transactions linked to the latter.
The User recognises that the Issuer can, at any time, stop or delay the use of a Login, access to an Account or the execution of a Transaction or a Reimbursement in the absence of sufficient information pertaining to its purpose or nature. He/she is informed that a transaction carried out within the framework of these conditions may be subject to the national financial intelligence unit’s right to disclosure.
The User can, in accordance with the legislation, access all of the information disclosed, provided this right to access does not undermine the purpose of the fight against money laundering and terrorism financing of terrorism, where this data concerns the applicant. No prosecutions or civil liability actions can be brought, nor any professional sanction taken against the Issuer, its managers or employees who have reported their suspicions in good faith to the national authority.
13. Personal data and professional secrecy

The User’s personal data provided in connection with the opening of the Account, are used by the Issuer for the purposes of managing his/her Account, payments Transactions and Reimbursements. The User agrees, that his/her contact details and personal information obtained by the Issuer in connection with the Contract, may be transmitted to operational providers, with whom the latter is in a contractual relationship, with the sole purpose of executing Payment Transactions and services, provided that these third party recipients of personal data, are subject to regulations guaranteeing a sufficient level of protection. The list of the third party recipients of the User’s data is available upon request from the Issuer’s compliance manager at the following address: contact@leetchi-corp.com. This information is stored by the latter or by any company authorised to do so, in accordance with legal and regulatory rules.
The User will be informed prior to any transfer of his/her personal data outside the European Union. In such a case, the Issuer undertakes to respect the regulations in force and to put in place any measure necessary in order to guarantee the security and confidentiality of data transferred in such a way. Certain information collected and held by the Issuer thereunder may give rise to the rights of access and correction. Any User may, at any time, obtain a copy of the information pertaining to him/her upon request addressed to the Issuer’s customer correspondent at the following address: contact@leetchi.com. He/she may request the deletion or correction of this information by letter to the address found at the beginning of this document. The User may, at any time, object to receiving commercial solicitations, amend his/her contact details or object to their disclosure by sending a notification by registered mail or e-mail followed by an acknowledgement of receipt to the customer service address of the Issuer.
The Issuer will store the personal information and data for a maximum legal or regulatory period applicable depending on the purpose of each type of data processing. The conditions for the collection, possession and access to personal data obtained by the Distributor and under his/her responsibility in terms of accessing the Website, are governed by the General Conditions of the Website as well as the privacy policy, which is available on the Website.
14. Inactive Accounts

Any Electronic Money unit Account that is inactive for a period of 12 (twelve) months will receive a notification of inactivity by email from the Issuer followed by a reminder a month later. If there is no response or use of available Electronic Money within this period, or in the event of the death of the User, the Issuer may close the Account and keep it active for the sole purpose of the Reimbursement of Electronic Money. The right of Reimbursement might pursuant to the law of the residence of the User be destroyed following a legal delay starting from the last transaction on the Account. In the event of death, the Electronic Money can only be reimbursed to the User’s assignee. The Account will not permit the further use of Electronic Money.
15. Force majeure
The Parties shall not be held liable, or considered to have failed under these conditions in the event of delay or non-performance when their cause is related to a force majeure situation as defined by the case law of the French courts.
16. Independence of contractual provisions

If any of the provisions hereof is held invalid or unenforceable, it shall be deemed unwritten and will not invalidate the other provisions.
If one or more of the provisions hereof lapses or is declared as such under any law or regulation or following a final decision granted by a competent jurisdiction, the other provisions will retain their binding force and scope. The provisions considered null and invalid would then be replaced by provisions closest in scope and meaning to those initially agreed.
17. Protection of funds

The collected funds are protected against any claims from other creditors of the Issuer, including in the event of enforcement proceedings or insolvency proceedings against the institution. The User’s funds are deposited at the end of each Business Day into an account opened with a Bank and are ring fenced by it.
18. Non-transferability

The Framework Contract cannot be subject to a complete or partial transfer by the User, whether against payment or free of charge. It is therefore forbidden to transfer to a third party any rights or obligations that the User owns hereunder. In the event of breach of this prohibition, in addition to the immediate termination hereof, the User may be held liable by the Issuer.
19. Fees

The services offered hereunder are charged by the Distributor on his/her behalf and on the behalf of the Issuer in accordance with the Financial Conditions. The Fees due by a User to the Issuer may be paid with available Electronic Money (stored on the User Account) reimbursed at the Issuer sole discretion.
20. Protection of collected funds

The collected funds are protected against any claims from other creditors of the Issuer, including in the event of enforcement proceedings or insolvency proceedings against the institution;
21. Agreement of proof

All data held in a permanent, reliable and secure manner in the computer database of the Issuer relating, in particular, to the payment orders and confirmations received by the User, notices sent, Access, Withdrawal and Reimbursement will prevail between the parties until proven otherwise.
22. Complaints and arbitration

The User is invited to send any complaint to the customer relations service indicated in the Special Conditions and on the Website.
Any complaint other than as provided in article 5.2 concerning the conclusion, execution or termination of the Framework Contract and services for the issue and management of Electronic Money shall be notified by registered letter with receipt of acknowledgement to the following address:
contact@leetchi-corp.com.
If the User believes that the response provided is unsatisfactory, or in the absence of a response within one month after sending the letter, he/she may refer to the Financial Sector Supervisory Commission by post at 110 route d’Arlon L-1150 Luxembourg or by email: direction@cssf.lu.
23. Applicable law and competent jurisdiction

Except in the case of the application of a public policy law (which will apply only within the strict limits of its purpose), it is expressly stipulated that the Framework Contract is subject to French law and that any litigation between the Parties under the latter shall be subject to the jurisdiction of the competent French courts.