Web Terms and Conditions

Last Updated 30 October 2015

By using or accessing 16degreessouth.vu, a subdomain of the website, any mobile application for the website or any other website operated by 16 degrees south (“We”/”Us”) us on which these Terms and Conditions are posted via a link or otherwise (“Site”), you acknowledge that you agree to and are subject to the following terms and conditions ("Terms"). If you do not fully agree to these Terms and any other terms and conditions posted or linked to the Site, you are not authorised to access or otherwise use the Site.

Under these Terms, "use" or "access" of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term "Site" includes, without limitation, any cached version thereof.

You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and 16degeressouth.vu. You are not authorised to use this Site unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18.

If you arrived on the Site after having been re-directed or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.

1.   The Site is a Venue and We are Not a Party to any Rental Agreement Between Users of the Site

We urge all users to be responsible about their use of this Site and any transaction entered into as a result of renting a property. We do not own or manage, nor can we contract for, any vacation rental property listed on a Site. The Site acts as a venue to allow homeowners and property managers who advertise on the Site (each, a “member”) to offer for rent in a variety of pricing formats, a specific vacation or short term rental property to potential renters (each, a “traveler” and, collectively with a member, the “users”).

We are not a party to any rental or other agreement between users. This is true even if the Site allows you to book a rental or provides other ancillary products or services, as the Site may facilitate booking a rental or other tools, services or products, but we are not a party to any rental or other agreement between users.

As a result, any part of an actual or potential transaction between a traveler and a member, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof relating to any property), the ability of members to rent a vacation property or the ability of travelers to contract for properties are solely the responsibility of each user.

You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions prior to making a booking or purchasing a product or service and may place additional restrictions on your booking, product or service.

Responsibility for applicable laws, rules and regulations: Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.

2.    Limited License to Use the Site

Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on the Site or for any other purpose clearly stated on the Site, all in accordance with the Terms.

Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorised by us in writing is expressly prohibited.


3.    Unauthorized Uses of the Site

The license to use the Site only extends to the uses expressly described herein. The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.

“General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us.

Unauthorised uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously specifically agreed to by us:

  • Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
  • Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
  • Deep-link to any portion of the Site without our express written permission;
  • Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site;
  • Reverse engineer any part of the Site;
  • Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
  • Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
  • Use the Site and its inquiry functionality other than to research vacation rentals, to make legitimate inquiries or any other use expressly authorised on the Site;
  • Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretences, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
  • Violate, plagiarise or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
  • Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.

If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us as set forth under "Contact Us" below.

4.    Proprietary Rights and Downloading of Information from the Site

The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site.

Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, noncommercial use is expressly prohibited without prior written permission from us. As part of the rental inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same.


5.    Your E-mail Address and Data; Our Privacy Policy; Data Transmittal

When you provide your e-mail address, name or other information to us in connection with your use or access to the Site, any service or tool provided on the Site or otherwise, you agree to allow the Site to add your e-mail address, name or other information provided to our database of users. Any of the information we collect from you may be used in one of the following ways:
  • To personalise your experience
  • To improve customer service
  • To process transactions
  • To communicate with you regarding booking enquiries or other requests for information.

You may receive one or more promotional e-mails from the Site. You are welcome to opt not to receive such promotional e-mails from the Site at any time.

Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of Vanuatu.

In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

6.    Limitations on Communications and Use of Other Users’ Information; No Spam

You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for:
  • Site-related communications that are not unsolicited commercial messages,
  • using services offered through the Site, and
  • inquiring about or otherwise facilitating a financial transaction related to the purpose of the Site (such as inquiring about or booking an online booking or charging a personal credit card).

Any other purpose will require express permission from us. You may not use any such information for any unlawful purpose or with any unlawful intent.

In all cases, you must give us an opportunity to remove our information from your address book or database or other records and a chance to review what information you have collected about us. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about us to any third party without our consent. You agree that we may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect our personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a vacation property to you, to your mailing list (email or physical mail) without our express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.


7.    Social Media or Third Party Websites

If the Site offers a tool or service which allows us to access or use any profile or other information about you that you have provided to Facebook or another third party website (each a “Social Media Site”) and you decide to use such a tool or service, you acknowledge and agree that:
  1. The information or content that are a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”) may be accessed and used by us in connection with the Site;

  2. The Social Media Content will be considered “user generated content” under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to user generated content under these Terms;

  3. In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and

  4. The operation of your profile and account with and on the Social Media Site shall continue to be governed by the terms and conditions and privacy policy of such Social Media Site.

8.    Translations and Maps

If any user contributed content created by members or users is translated for display on any Site, we cannot guarantee the accuracy or quality of such translation and the member or user is solely responsible for the review, verification and accuracy of such translation.

Maps provided on the Site that are provided by Google are subject to the Google Maps terms and conditions.


9.    Unsolicited Ideas and Feedback

Unsolicited Ideas:

From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names.We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply.

The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that:

  1. your submission and its contents will automatically become the property of 16 degrees south, without any compensation to you;
  2. 16 degrees south may use or redistribute any such submission and its contents for any purpose and in any way;
  3. there is no obligation for 16 degrees south to review any submission; and
  4. there is no obligation to keep any submission confidential.

Feedback on our Business:

We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the the information provided under “Contact Us” below. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.

To provide feedback, you can contact us.


10.    Links to Third Party Sites

This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.


11.    Limitation of Liability

In no event will 16 degrees south, subsidiaries, affiliates, officers, directors, consultants, agents and/or employees (collectively, the “16 degrees south”), or any third party provider of a service or tool offered on any site of a member of 16 degrees south (each a “third party provider”), be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from
  1. Our site,
  2. These terms,
  3. Any breach of these terms by you or a third party,
  4. Use of the site, tools or services we provide, or any third party provider provides, related to the business we operate on the site, by you or any third party
  5. Any user contributed content,
  6. Interaction between our site and any third party site, including without limitation a social media site, facilitated by a tool or service on our site and/or
  7. Any actual or attempted communication or transaction, including without limitation, any payment transaction (even if we or any third party provider receive a commission or fee in connection therewith) between users, in each case, even if we have been advised of the possibility of such damages.

These limitations and exclusions apply without regard to whether the damages arise from

  1. Breach of contract,
  2. Breach of warranty,
  3. Strict liability,
  4. Tort,
  5. Negligence, or
  6. Any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law.
If you are dissatisfied with the site, you do not agree with any part of the terms, or have any other dispute or claim with or against us, any third party provider or any user of the site with respect to these terms or the site, then your sole and exclusive remedy against us is to discontinue using the site.

12.    Disclaimer

The site, including all content, software, functions, materials and information made available on or accessed through the site, is provided "as is." to the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the content on the site or the materials, information and functions made accessible by the software used on or accessed through the site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site, even if we become aware of any such breaches.

Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose or accuracy. We do not warrant that the functions contained in the site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components.

You acknowledge and agree that any transmission to and from this site is not confidential and your communications or user contributed content may be read or intercepted by others. You further acknowledge and agree that by submitting communications or user contributed content to us and by posting information on the site, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these terms.

You acknowledge and agree that you will not hold or seek to hold us or any third party provider responsible for the content provided by any user, including, without limitation, any translation thereof, and you further acknowledge and agree that we are not a party to any rental transaction between users of the site. We have no control over and do not guarantee (other than pursuant to any guarantee that may be offered on the site) the safety of any transaction, rental property or the truth or accuracy of any listing or other content provided on the site.

You further acknowledge that by displaying information or property listings in particular destinations, we do not represent or warrant that travel to such destinations is without risk and are not liable for damages with respect to travel to any destination.


13.    Release; indemnification

In the event that you have a dispute with one or more other users of the site (including, without limitation, any dispute between users regarding any transaction or user contributed content) or any third party provider or any third party website that may be linked to or from or otherwise interact with the site, including without limitation any social media site, you hereby agree to release, remise and forever discharge each member of 16 degrees south, each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the site.

You hereby agree to indemnify, defend and hold each member of 16 degees south (collectively, the "indemnified parties") harmless from and against any and all liability and costs incurred by the indemnified parties in connection with any claim arising out of your use of the site or otherwise relating to the business we conduct on the site (including, without limitation, any potential or actual communication, transaction or dispute between you and any other user or third party), any content posted by you or on your behalf to the site, any use of any tool or service provided by a third party provider, any use of a tool or service offered by us that interacts with a third party website, including without limitation any social media site or any breach by you of these terms or the representations, warranties and covenants made by you herein, including without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

14.    Jurisdiction; choice of law and forum; time limit

This site is operated by us in Vanuatu and we make no warranty that the materials and content on the site are appropriate or available for use outside of Vanuatu. Those who choose to access the site from outside vanuatu do so on their own initiative and are responsible for local laws, if and to the extent that local laws are applicable.

Any and all services and rights of use hereunder are performed, performable and/or sold in efate, vanuatu, and you irrevocably agree and consent that any cause of action you may submit in connection with your use of the site or pursuant to these terms will be filed in Efate, Vanuatu which you acknowledge, consent to and agree will be the exclusive forum and venue for any legal dispute between you and us. You also agree that any dispute between you and us will be governed by the laws of Vanuatu, without regard to conflict of laws principles.

Any cause of action you may have hereunder or with respect to your use of the site must be commenced by filing suit in Efate, Vanuatu, within one (1) year after the incident upon which the claim or cause of action is based first occurred.


15.    Additional Terms and Conditions Applicable to Online Booking

Use of The Booking Button or other Online Booking Tools We Offer on our Sites: In addition to being bound by the other terms set forth herein, Users and Members who use TheBookingButton™ or any other tool provided by us or a third party provider on our Site enabling users to book and/or pay for the rental of properties online (the “Booking Services”) are also bound by the following terms, which are in addition to any other terms applicable in connection with using our Site. In addition, if such Booking Services include payment or other services provided by a third party provider, such services are subject to the additional terms and conditions and privacy policies of such third party providers.

Booking Services:

We provide Booking Services to manage inquiries, quotes, rental agreements and allow for payments to be made relating to the rental. Please review the following terms and conditions of any third party provider carefully. If you do not agree to these or such third party provider’s terms, you have no right to obtain information from or otherwise continue using our Booking Services. Failure to use our Booking Services in accordance with the following terms of use may subject you to severe civil and criminal penalties and other liability.

Rental Agreement:

By utilising a rental agreement as part of the Booking Services or otherwise displaying terms relating to the rental as part of the online booking process (including such terms that we may require), the user (as “Guest”) and member (as “Owner”) each agree to the terms and conditions set forth in the rental agreement or other such terms displayed in the booking process (including without limitation the cancellation refund policy) effective as of the date that the user indicates acceptance of the booking or rental agreement, as applicable. You hereby acknowledge and agree that:


  1. you are fully responsible for such terms and conditions,
  2. any rental agreement used is used solely at your own risk and expense,
  3. nothing contained in the Booking Services, this Agreement, or any rental agreement is a substitute for the advice of an attorney, and
  4. that you have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, state, and local law and their particular circumstances, and to revise the rental agreement as necessary to accurately represent their property, rules, features, etc.

16.    Responsibility for Property and Traveler Liability

We do not provide liability insurance protection for owners, property managers, or travelers;. Users are solely responsible for obtaining insurance coverage sufficient to protect their properties and guests or their trip, as applicable. Members agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the properties they list on the Site prior to the arrival of their first traveler and will maintain adequate insurance coverage through the departure date of any traveler they have obtained via one of our Sites.


17.    General

To contact us for any reason, go to the contact page.

No Agency:

Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.

Notices:

Except as explicitly stated otherwise, any notices to us shall be given by postal mail to:

16 degrees south, Attn: Legal Department, PO Box 3041, Port Vila, Vanuatu.

 

When we need to send you notice, it will be sent to the email address you provide to the Site. Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided to us. In such case, notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.


Changes to the Site or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability.


This version of the Terms became effective on the date set forth above and this version amends the version effective prior to such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent and you acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive in nature. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then your sole remedy as a traveler, or any other user is to discontinue your use of the Site.

We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product or service.

We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any user. Any such terms and conditions will not be enforceable unless specifically agreed to by us.


Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.

Entire Agreement, Conflict, Headings and Severability:

These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site.Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail.

If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

Assignment:

We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.