2.1

In order to access certain features of the Site, book an Accommodation or create a Listing, you must register an Account and become a Member.

2.2

You can register an Account and become a Member by logging into your account with certain third party social networking sites, including Facebook.

2.3

We will create your Account and your profile page based upon the information you provide to us or which we obtain from third party social networking sites.

2.4

You shall not have more than one Account. You agree to provide accurate, current and complete information during the registration process and to update the information to keep it accurate, current and complete. holidale.com may suspend or terminate your Account and your use of the Services if you create more than one Account or if any information you provide are inaccurate or false.

3.1

When you create Listings, you will be asked questions about the Accommodation, including location, capacity, size, features, availability, price, financial terms and Guests restrictions.

3.2

To be the subject of a Listing, an Accommodation must have a valid physical address. Listings are public information on the Site. Members may book your Accommodation based upon the information provided in your Listing. You undertake and agree that once a Guest requests to book your Accommodation, the price for the booking cannot be changed.

3.3

You are solely responsible for your Listings. You represent and warrant that your Listings and the booking of and Guest stays at an Accommodation in your Listing (a) do not breach any agreements, (b) comply with all applicable laws including zoning laws, and (c) do not conflict with the rights of third parties. holidale.com is not responsible and has no liability for a Host's compliance with any agreements, applicable laws or third party rights.

3.4

holidale.com may, at any time, without prior notice and in its sole discretion remove or block any Listing.

3.5

As a Host, you are responsible for your own acts and omissions and for those of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, including Guests. We advise you to consider and obtain appropriate insurances for your Accommodations, which are your sole responsibility.

4.1

holidale.com is not an owner or operator of hotels, motels, home-stays, lodgings or accommodations of any kind. holidale.com does not sell, resell, furnish, provide, rent, license, manage or control hotels, motels, home-stays, lodgings or accommodations of any kind.

4.2

holidale.com is not an agent in any capacity for providers or users of hotels, motels, home-stays, lodgings or accommodations of any kind.

4.3

holidale.com operates the Site, which provides and facilitates a marketplace for Hosts and Guests to meet, arrange for and book Accommodations and deal with each other. In this regard, holidale.com works with Hosts to help market their Listings to its community of Members, and holidale.com enables Guests and Hosts to decide on booking offers and acceptance respectively.

4.4

holidale.com, as the operator of the marketplace that is the Site, also provides additional services to Members, including:
    

(4.4.a)

facilitating payment transactions between Guests and Hosts;
    

(4.4.b)

enforcing the applicable cancellation and refund policies where appropriate; and
    

(4.4.c)

providing customer support to help answer questions from and resolve issues encountered by Members.

5.1

As a Host, if a Guest offers to book your Accommodation, you shall respond within 48 hours, failing which the booking is automatically cancelled. When you agree to accept an offer from a Guest to book your Accommodation, holidale.com will send you a confirmation of the booking, and a binding agreement between Host and Guest arises only when holidale.com sends the confirmation of the booking.

5.2

The agreement between a Host and a Guest as described above requires the Host to grant a licence to the Guest for the agreed period of the booking. The agreement does not grant or create, and is not an agreement to grant or create, any lease or similar interest over or in the Accommodation in favour of the Guest. Accordingly, during the period of the Guest’s stay in the Accommodation, the Guest does not have exclusive possession of the Accommodation and the Guest’s licence to stay in the Accommodation is subject to the Host’s rights of entry and inspection.

6.1

Rules and Restrictions.In connection with your use of the Services, you must act responsibly and exercise good judgment. Without limiting the previous sentence, you shall not:
    

(6.1.a)

violate any applicable laws or regulations, or any order of a court;
    

(6.1.b)

infringe the rights of any person or entity, including intellectual property, privacy, publicity or contractual rights;
    

(6.1.c)

without a Host's express consent, subleasing, occupy or otherwise enter an accommodation;
    

(6.1.d)

interfere with or damage the Services, including, 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;
    

(6.1.e)

use the Services to transmit, distribute, post, submit or otherwise deal with information concerning any person or entity, including photographs, personal contact information, credit, debit, calling card or account numbers, unless you have obtained the applicable prior consent;
    

(6.1.f)

use the Services in connection with the distribution of unsolicited commercial email, spam or advertisements unrelated to the subject matter of the Services;
    

(6.1.g)

stalk or harass any other user of the Services or collect or store any information about any other user other than for purposes of transacting as a guest or host;
    

(6.1.h)

offer any accommodations that you do not yourself own or rent for the purposes of the Services, including in the capacity of a rental or listing agent for a third party property owner;
    

(6.1.i)

register more than one user account or register a user account on behalf of another person;
    

(6.1.j)

impersonate, falsify or otherwise misrepresent yourself or your association with any person;
    

(6.1.k)

use automated scripts to collect information or otherwise deal with the Services;
    

(6.1.l)

use the site to find a host or guest and then complete the transaction offline in order to circumvent your obligation to pay for the Service;
    

(6.1.m)

submit any listing with false or misleading prices; or
    

(6.1.n)

encourage or assist with any of the above.

6.2

Compliance with laws. You shall comply with all applicable laws relating to the use of the Services.

6.3

Account cancellation. holidale.com may in its sole discretion without providing any reasons whatsoever cancel or take any other appropriate action in relation to a user account.

6.4

Disputes with Other Users. You are solely responsible for your interactions with other Service users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

6.5

Listing Prices. If you post a listing offering accommodation through the Services which is accepted by you and a guest, you acknowledge and agree that the price you specify for that listing will constitute an essential part of a binding agreement between you and the guest. You agree not to alter the price once accepted.

You must be at least 18 years old to register to use the Services. By registering to use our Services, you represent that you are over 18.

Our privacy policy is available on the Site at www.holidale.com/pages/policies (Privacy Policy) and is incorporated by reference. You agree to the privacy policy.

In using Services, you may deal with content and information from other users or third parties (Third-Party Content).Third-Party Content may be provided directly in the Services or through links to third-party websites. We do not control, and have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the truth of, and bear all risks associated with Third-Party Content, including the profiles of other users of our Services.

holidale.com is not an agent or representative of any Member, whether as Host or Guests. All agreements, transactions and other dealings between Members, whether as Hosts, Guests or in any other capacity, are solely decided by those persons and between those persons only. holidale.com is not privy or a party to these agreements, transactions or other dealings.

You will select a username and password as part of the registration process. You shall safeguard your username and password. You are solely responsible for the confidentiality and use of your username and password. You must: (a) log off from your account at the end of each session on the Site; and (b) notify us immediately of any unauthorized use of your Account, username and password or any other breach of security.

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to and use of the Services, (b) deactivate or delete any of your accounts and all related information and files in the accounts and (c) prohibit your access to any of the files or Services. Upon termination we will promptly pay you any hosting fees held by us and due to you, less our service fees.

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, the whole or any part of our Services.

17.1

Our Services are provided as-is and as-available. To the greatest extent allowed under applicable law, we expressly disclaim all warranties of any kind whatsoever, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

17.2

Without limiting the generality of the previous clause, we do not warrant and expressly disclaim any warranty that (a) the Services will satisfy your requirements; (b) the Services will be uninterrupted, timely, secure or error-free; (c) information will be accurate or reliable; (d) any products, services, information or other material purchased or obtained through the Services will conform to any description, specifications, requirements, standards or warranties; or (e) any errors on the Site or in the Services will be corrected.

17.3

You acknowledge and agree that:
    

(17.3.a)

you use the Services at your sole risk;
    

(17.3.b)

holidale.com does not check, verify or ascertain any guest, host or other person;
    

(17.3.c)

holidale.com is a reputation-based system, and that you will reasonably rely on Service users' comments and referrals, use common sense and exercise due care and diligence in using and relying on the Services;
    

(17.3.d)

you access or transmit content through the Services at your sole risk, and accordingly you are solely responsible for any loss or damage arising out of the access or transmission; and
    

(17.3.e)

the data, information or advice obtained by you, orally, in writing or in any other form, from or in connection with the Services does not create or give rise to any warranty whatsoever, except as expressly stated in these Terms.

18.1

Nothing in this Agreement excludes or limits our liability in respect of:
    

(18.1.a)

death or personal injury caused by our negligence; or
    

(18.1.b)

any other liability which may not be limited or excluded under applicable law.

18.2

holidale.com shall not be liable, and excludes all liability, to you in contract, tort, negligence, breach of warranty, breach of statutory duty or under any other cause, for any loss, damage, cost or expenses of any nature whatsoever, incurred or suffered by you, if the loss, damage, cost or expenses:
    

(18.2.a)

is of an indirect or consequential nature;
    

(18.2.b)

constitutes pure economic loss; or
    

(18.2.c)

constitutes loss of turnover, profit, business or goodwill.

18.3

To the extent permitted under applicable law, in circumstances where holidale.com has not effectively excluded liability to you under the previous clause, the maximum limit of the Company's liability to the Customer, whether in contract, tort, negligence, breach of warranty, breach of statutory duty or under any other cause, shall be $1000.00.

You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including reasonable legal fees, arising out or relating to your use of the Services or your breach of these Terms.

If you stay with or host anyone who you feel has acted inappropriately, violently or dishonestly, you must immediately report the offending person to the appropriate authorities and then to us at help@holidale.com. Your report does not require us to take any action except as required by applicable law.

If guest stays less than 2 months, the Guest has to pay accidental damage waiver fee to Holidale prior to arrival. The Guest agrees that the Party Leader remains responsible for all loss/damage from the Property or its inventory during the Rental Period. The Guest must complete and return the Damage Registration Form (provided on arrival) within one working day after departure to protect their ADW from claims made as a result of accidental damages during their stay, up to a maximum value of $1,500.

The Guest agrees that Holidale can charge additional fees to cover:
> Early arrival or late departure charges ($50/hour)
> Parking permit and key fob to the amenity are not covered by ADW ($300/each)
> Loss or breakage of inventory items, damage to the property or its equipment not reported on Damage Registration Form (Market Price).
> Unauthorized Pets ($300)
> Smoking ($300) or Consumption of Marijuana ($2000)
> Consumption of illegal drugs ($2000 or more)

When loss or damage to the Property, inventory, or equipment exceeds the maximum individual claim value or when the guest has caused damage to multiple parts or items within the property, Holidale will be able to bill the Guest for the shortfall plus excessive damages within 14 days. In the event that the Guest fails to pay any such shortfall, Holidale reserves the right to exercise any legal remedies to pursue the amount owed from the Guest or may place additional debt with a commercial debt collection agency. When Holidale finds damage or loss to the Property following the Guest’s departure that constitutes malicious or wanton damage, then the Company reserves the rights to notify law enforcement authorities and press charges for vandalism and etc. In addition, Holidale will bill the Guest for the full amount of repair or replacement within 14 days.

These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Orange County, California or a United States District Court, Southern District of California located in Orange County, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.