Terms Of Service
Please read these Terms of Service for all Users (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the My City Pod Platform, you agree to comply with and be bound by these Terms.
Last Updated: April 21st 2020
Thank you for using My City Pod!
These Terms constitute a legally binding agreement (“Agreement“) between you and My City Pod (as defined below) governing your access to and use of the My City Pod website, including any subdomains thereof, and any other websites through which My City Pod makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “My City Pod Services“). The Site, Application and My City Pod Services together are hereinafter collectively referred to as the “My City Pod Platform”.
When these Terms mention “My City Pod,” “we,” “us,” or “our,” it refers to My City Pod UK Ltd (“My City Pod UK”), Kemp House, 152 – 160 City Road, London EC1V 2NX
If you change your country of residence or establishment to a country outside of the EEA, the My City Pod company you contract with and the applicable Terms of Service will be determined by your new country of residence or establishment as specified in the Terms of Service for Non-European Users, from the date on which your country of residence or establishment changes.
Any and all payment processing services through or in connection with your use of the My City Pod Platform (“Payment Services“) are provided to you by one or more My City Pod Payments entities (individually and collectively, as appropriate, “My City Pod Payments“) as set out in the Payments Terms of Service (“Payments Terms“).
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services (as defined below). For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on My City Pod, you should always seek legal guidance.
- Scope of My City Pod Services
1.1 The My City Pod Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the My City Pod Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use (“Accommodations“). In addition, we are a provider of furnished apartments to professionals for a variety of extended stay, short to long term periods. For clients who are looking for apartments in locations where we don’t have the My City Pod operated apartments, we provide accommodation from third party operators who list on our marketplace.
1.2 When Members make or accept a booking, they are entering into a contract directly with the Host. My City Pod is not and does not become a party to or other participant in any contractual relationship between Members, nor is My City Pod a real estate broker or insurer. My City Pod is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 If you choose to use the My City Pod Platform as a Host or (as defined below), your relationship with My City Pod is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of My City Pod for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of My City Pod. My City Pod does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.4 To promote the My City Pod Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
1.5 The My City Pod Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. My City Pod is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by My City Pod of such Third-Party Services.
1.6 My City Pod is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the My City Pod Platform. My City Pod may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the My City Pod Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the My City Pod Platform. Section 17 (Liability) remains unaffected. My City Pod may improve, enhance and modify the My City Pod Platform and introduce new My City Pod Services from time to time. My City Pod will provide notice to Members of any changes to the My City Pod Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.
- Eligibility, Using the My City Pod Platform, Member Verification
2.1 In order to access and use the My City Pod Platform or register an My City Pod Account you must be an individual at least 18 years old or a duly organised, validly existing business, organisation or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.
2.2 My City Pod may make access to and use of the My City Pod Platform, or certain areas or features of the My City Pod Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the My City Pod Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the My City Pod Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the My City Pod Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
- Modification of these Terms
My City Pod reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the My City Pod Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the My City Pod Platform will constitute acceptance of the revised Terms.
- Account Registration
4.1 You must register an account (“My City Pod Account“) to access and use certain features of the My City Pod Platform, such as publishing or booking a Listing. If you are registering an My City Pod Account for a business, organisation or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a My City Pod Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“). You have the ability to disable the connection between your My City Pod Account and your SNS Account at any time, by accessing the “Settings” section of the My City Pod Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your My City Pod Account and public My City Pod Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) My City Pod Account unless My City Pod authorises you to do so. You may not assign or otherwise transfer your My City Pod Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your My City Pod Account credentials and may not disclose your credentials to any third party. You must immediately notify My City Pod if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your My City Pod Account. You are liable for any and all activities conducted through your My City Pod Account, unless such activities are not authorised by you and you are not otherwise negligent (such as failing to report the unauthorised use or loss of your credentials).
5.1 My City Pod may enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the My City Pod Platform (“Member Content“); and (ii) access and view Member Content and any content that My City Pod itself makes available on or through the My City Pod Platform, including proprietary My City Pod content and any content licensed or authorised for use by or through My City Pod from a third party (“My City Pod Content” and together with Member Content, “Collective Content“).
5.2 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the My City Pod Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by My City Pod or its licensors, except for the licenses and rights expressly granted in these Terms.
5.3 Subject to your compliance with these Terms, My City Pod grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the My City Pod Platform and accessible to you, solely for your personal and non-commercial use.
5.6 You are solely responsible for all Member Content that you make available on or through the My City Pod Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the My City Pod Platform or you have all rights, licenses, consents and releases that are necessary to grant to My City Pod the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or My City Pod’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates My City Pod’s Content Policy or any other My City Pod policy. My City Pod may remove or disable access to any Member Content that is in violation of applicable law, these Terms or My City Pod’s then-current Policies or Standards, or otherwise may be harmful or objectionable to My City Pod, its Members, third parties, or property. Where My City Pod removes or disables Member Content, My City Pod will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting customer service.
5.9 My City Pod respects copyright law and expects its Members to do the same. If you believe that any content on the My City Pod Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
- Service Fees
6.1 My City Pod charges fees to Hosts (“Host Fees“) in consideration for the use of the My City Pod Platform. Host fees are currently set at 12%.
6.2 My City Pod reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to My City Pod. The applicable Service Fees (including any applicable Taxes) are collected by My City Pod Payments. My City Pod Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host.
7. Terms specific for Hosts
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the My City Pod Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age.) You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. My City Pod reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the My City Pod Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history.
7.1.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
7.1.7 My City Pod recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.
7.2 Listing Accommodations
7.2.1 Unless expressly allowed by My City Pod, you may not list more than one Accommodation per Listing.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing (“Security Deposit“). Hosts are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the My City Pod Platform.
8. Terms specific for Guests
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by My City Pod and/or the Host, you can book a Listing available on the My City Pod Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your My City Pod Account.
8.1.2 Upon receipt of a booking confirmation from My City Pod, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. My City Pod Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms. For certain bookings, Guests may be required to pay or have the option to pay in multiple installments.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the My City Pod Platform or direct My City Pod customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, or Host and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Host, and My City Pod Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by My City Pod Payments pursuant to the Payments Terms.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, My City Pod may allow the Guest to apply the refund to a new booking, in which case My City Pod Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction. Further, My City Pod may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, My City Pod may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to My City Pod’s Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of My City Pod. Ratings and Reviews are not verified by My City Pod for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the My City Pod Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Damage to Accommodations, Disputes between Members
11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
11.2 If a Host claims and provides evidence that you as a Guest have culpably damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim“), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to My City Pod, you will be given an opportunity to respond. If you agree to pay the Host, or My City Pod determines under consideration of any applicable statutory rules on the burden of proof that you are responsible for the Damage Claim, My City Pod via My City Pod Payments will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. My City Pod also reserves the right to otherwise collect payment from you and pursue any remedies available to My City Pod in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the My City Pod Host Insurance. Any decisions made by My City Pod in relation to a Damage Claim do not affect your contractual or statutory rights. Your right to take legal action before a court of law remains unaffected.
11.3 Members agree to cooperate with and assist My City Pod in good faith, and to provide My City Pod with such information and take such actions as may be reasonably requested by My City Pod, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the My City Pod Host Guarantee), (ii) Experiences, (iii) Co-Host agreements, or (iv) a Group Payment Booking. A Member shall, upon My City Pod’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by My City Pod or a third party selected by My City Pod or its insurer, with respect to losses for which a Member is requesting payment from My City Pod (including but not limited to payments under the My City Pod Host Guarantee). Members are entitled to terminate their participation in the mediation or similar resolution process at any time. A Member’s right to take legal action before a court of law remains unaffected.
12. Rounding off
My City Pod generally supports payment amounts that are payable from or to Guests or Hosts to the smallest unit supported by a given currency (i.e., U.K pennies, Euro cents or other supported currencies). Where My City Pod’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, My City Pod may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest pound, dollar, Euro or other supported currency); for example, My City Pod may round up an amount of £101.50 to £102.00, and round down an amount of £101.49 to £101.00.
13.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).
13.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with the required documentation under applicable law (e.g. a tax number) to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Accommodation is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Occupancy Taxes“).
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the My City Pod Platform. In connection with your use of the My City Pod Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- use the My City Pod Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies My City Pod endorsement, partnership or otherwise misleads others as to your affiliation with My City Pod;
- use the My City Pod Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the My City Pod Platform;
- unless My City Pod explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
- contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member’s use of the My City Pod Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the My City Pod Platform to request, make or accept a booking independent of the My City Pod Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the My City Pod Platform or My City Pod Payments. If you do so, you: (i) accept all risks and responsibility for such payment, and (ii) hold My City Pod harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the My City Pod Platform or Collective Content, or any individual element within the My City Pod Platform, My City Pod’s name, any My City Pod trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the My City Pod Platform, without My City Pod’s express written consent;
- dilute, tarnish or otherwise harm the My City Pod brand in any way, including through unauthorised use of Collective Content, registering and/or using My City Pod or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to My City Pod domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the My City Pod Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by My City Pod or any of My City Pod’s providers or any other third party to protect the My City Pod Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the My City Pod Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the My City Pod Platform;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to My City Pod by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective until such time when you or My City Pod terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your My City Pod Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your My City Pod Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, My City Pod may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
15.4 My City Pod may immediately, without notice, terminate this Agreement and/or stop providing access to the My City Pod Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of My City Pod, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, My City Pod may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the My City Pod Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or My City Pod otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of My City Pod, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the My City Pod Platform;
- temporarily or permanently revoke any special status associated with your My City Pod Account;
- temporarily or in case of severe or repeated offenses permanently suspend your My City Pod Account and stop providing access to the My City Pod Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by My City Pod and an opportunity to resolve the issue to My City Pod’s reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of pre-existing cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your My City Pod Account or any of your Member Content. If your access to or use of the My City Pod Platform has been limited or your My City Pod Account has been suspended or this Agreement has been terminated by us, you may not register a new My City Pod Account or access and use the My City Pod Platform through an My City Pod Account of another Member.
15.8 If My City Pod takes any of the measures described in this Section 15 you may appeal such a decision by contacting our customer service.
Intentionally left blank
My City Pod is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. My City Pod is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of My City Pod in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of My City Pod is excluded.
18. Applicable Law and Jurisdiction
These Terms are governed by and construed in accordance with English law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of My City Pod’s place of business in England. If My City Pod wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
19. General Provisions
19.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between My City Pod and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between My City Pod and you in relation to the access to and use of the My City Pod Platform.
19.2 No joint venture, partnership, employment, or agency relationship exists between you and My City Pod as a result of this Agreement or your use of the My City Pod Platform.
19.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
19.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
19.5 My City Pod’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
19.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without My City Pod’s prior written consent. My City Pod may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
19.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by My City Pod via email, My City Pod Platform notification, or messaging service (including SMS and WeChat).
19.8 If you have any questions about these Terms please email us.