Trust But Verify

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Terms of Service

Guest Terms and Conditions
1. Introduction (1)These terms and conditions (the “Guest Ts&Cs”) together with the Privacy Policy govern the relationship between TAMTAMTOOLS and any individual using or accessing the Site and any of the content or services available through it as a Guest or potential Guest, and who is not using it in his/her/its capacity as a property owner or property manager (each, a “Guest” or “you”). Guests include people who use the Site to access information about and to rent vacation properties. If you wish to list your property on the Site, you will be required to agree to separate listing terms and conditions.
(2)The Guest Ts&Cs constitute a legally binding agreement between TAMTAMTOOLS and the Guest. By using or accessing the site or TAMTAMTOOLS’s platforms or systems, you agree to the Guest Ts&Cs. you acknowledge that you agree to and are subject to the Guest Ts&Cs as well as our Privacy Policy. If you do not fully agree to the Guest Ts&Cs, you are not authorized to access or otherwise use the Site.
2. The Basics (1)This Site is a venue where Guests can view advertising of, and obtain information about, vacation properties offered for rent (“Accommodations”) by others, including property owners, lessees and managers, (each, an “Host” and collectively with a Guest, the ‘users’). We may also offer online booking or other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions (collectively, the “Services”). (2)The Site provides and facilitates a marketplace for Hosts and Guests to meet, arrange for and book Accommodations and to enter into rental agreements or other transactions directly with each other. As such, TAMTAMTOOLS is not, and does not become, party to any contractual relationship between the Guest and the Host. TAMTAMTOOLS may assist in mediating disputes between Guests and Hosts, but is under no obligation to do so. This is true even if the Site facilitates booking an Accommodation or the use of other tools, services or products, as TAMTAMTOOLS is not a party to any rental or other agreement between Guests and Hosts. (3)TAMTAMTOOLS is not an owner or operator of Accommodations, hotels, motels, home-stays, lodgings or accommodation of any kind. TAMTAMTOOLS does not sell, resell, furnish, provide, rent, license, manage or control Accommodations, hotels, motels, home-stays, lodgings or accommodation of any kind. TAMTAMTOOLS is also not an agent in any capacity for providers or users of Accommodations, hotels, motels, home-stays, lodgings or any other accommodation of any kind. 3. Identity Verification and experience with other users (1)We do not confirm any user's purported identity. You are responsible for determining the identity and suitability of Hosts you may contact by means of the Services. We do not endorse any persons who use or register for our Services, whether as Hosts or Guests. We do not investigate any user's reputation, conduct, morality, criminal background or verify the information that any user submits to the Site. We encourage you to communicate directly with potential Hosts through the tools available on the Site and to review the profile pages for feedback from other users. If Guests suspect that the Host has supplied false information, they are invited to notify TAMTAMTOOLS through the contact form. (2)You are solely responsible for your interactions with other users of our Services. We are not responsible for any damage, harm or any other result from your interactions with other users of our Services. We may but have no obligation to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable. (3)By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from TAMTAMTOOLS . You release TAMTAMTOOLS from any and all claims, demands, damages (actual, consequential, nominal, punitive or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in connection with your dealing with Services, your communication or interaction with other users on the Site or your experience as a Guest or Host. 4. Accommodation Listings and communications with Hosts (1)Hosts are entirely responsible for all of the information, including images, text and other content, relating to the Accommodations they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated. (2)Messages sent using the TAMTAMTOOLS system are available for review by the person to whom it was initially addressed and to a limited number of TAMTAMTOOLS Group customer service employees, who may be asked by Hosts or others for their past enquiry information. TAMTAMTOOLS also monitor messages from time to time which are sent using our platforms. TAMTAMTOOLS may, from time to time, use third party e-mail servers to send and track receipt of the enquiry emails, and analyse the pattern of enquiry usage reported by these third party tracking systems. Our system does not hold messages indefinitely and they may not be accessible after the message has been delivered to you. Please print a copy of any message which is important to you – for example a payment receipt or a booking confirmation. (3)TAMTAMTOOLS has no responsibility for, or involvement in, the communications between the Host and Guest. 5. Registration and establishing an Account (1)Should Guests wish to use services available to them on the Site, they must register an account with the Site (an “Account”) and become a Member. TAMTAMTOOLS does not authorise anyone to register with Site unless they are able to enter into legally binding contracts. (2)To obtain an Account, a Guest must follow all of the instructions given by TAMTAMTOOLS during the registration process. A Guest can sign up for an account using a personal email address or alternatively can sign up using Facebook login credentials by clicking on Facebook login button on registration screen. 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. (3)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. TAMTAMTOOLS 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. (4)The Guest’s Account includes information which is made publicly available to other users of the Site and can also be seen by other internet users not registered on the Site, for example, it may show up in Google search engines. (5)Guests can deactivate their Account at any time and they can also unlink their Account and public page from Facebook at any time. Guests can deactivate or unlink their accounts by going directly to their profile’s settings page. You understand and accept that even if you deactivate your Account data could be retained by TAMTAMTOOLS Group under the terms of the Site’s Privacy Policy, or Cookie Notice. You understand and consent to the use of your data as outlined in the Privacy Policy and Cookie Notice. You also understand and accept that data relating to your transactions with TAMTAMTOOLS Group could have been transmitted to and remain on other sites, for example Google if Google search engine technology has copied content from TAMTAMTOOLS Group’s sites or systems. (6)TAMTAMTOOLS also uses Google Analytics to gather statistics on site usage. There are more details in the Privacy Policy and Cookie Notice and in Google’s own privacy policy. Google may aggregate data they collect from their various services including Google Analytics, Google Maps and other Google services including YouTube. You understand and accept that the TAMTAMTOOLS Group has no control over Google’s data collection. 6. Rights and obligations of TAMTAMTOOLS (1)TAMTAMTOOLS shall use commercially reasonable efforts to ensure that depictions on the site of the photos of the Accommodations that Hosts have submitted to TAMTAMTOOLS are as true and accurate a representation of those photos as practicable. However, you acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings. (2)Further, you also acknowledge that Hosts – and not TAMTAMTOOLS – are responsible for the accuracy with which the photos depict the relevant Accommodation. (3)TAMTAMTOOLS may occasionally undertake upgrades and maintenance of the site, its platforms and systems. These works may result in restrictions on the usage. TAMTAMTOOLS will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most Guests’ usage is least affected. (4)TAMTAMTOOLS offers a messaging system which may be used by the Host and Guest for making contact with one another. Completed enquiry contact forms will be forwarded to the email provided by the Host of the relevant Accommodation. You acknowledge that unauthorized third parties may misuse the system and unlawfully intercept or read messages. TAMTAMTOOLS is not liable for any such misuse. (5)You acknowledge that TAMTAMTOOLS is not responsible for checking the identity, or for the behaviour, of Hosts or for establishing the nature, condition or existence of an Accommodation. (6)TAMTAMTOOLS reserves the right to transfer these Guest Ts&Cs, and to assign or subcontract any or all of its rights and obligations under these Guest Ts&Cs, to a third party but will not do so in such a way as to reduce any guarantees you are given under these Guest Ts&Cs. 7. Intellectual Property and Related (1)All content that appears on this site, and the site itself, is protected by copyright and database rights. Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is prohibited. (2)Guests are permitted to download, display or print individual pages of the site to evidence their agreement with TAMTAMTOOLS. (3)Where a Guest submits to or transmits through the site or TAMTAMTOOLS ’s platform or systems any content of any type, including text or images, the Guest undertakes that he/she has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’). (4)To the extent that Guests’ reviews or other content may contain trademarks or other proprietary names or marks, Guests undertake that they have the right to do so. (5)By submitting reviews to the site, Guests authorise TAMTAMTOOLS to use them both on the site and in separately published form. 8. Guests’ Accounts, Communications and Reviews (1)Guests must provide only accurate and truthful information concerning their identity in their Accounts and profile pages, and any other communications on the Site, including reviews of Accommodations. (2)Guests are required to keep their Account login details secret and not to pass them on to third parties or allow them to be used to provide shared access, for example over a network. Guests should use a password which is unique to their use of the Site – they must not use the same password as is used for another site. TAMTAMTOOLS will never ask Guests to disclose these details. If you are contacted by third parties and asked for Account login details, under no circumstances should you impart any of those details, but must immediately notify TAMTAMTOOLS of the occurrence through the contact form. In addition, should you notice that your account is being used by an unauthorised third party, you should immediately report the matter to TAMTAMTOOLS through the contact form and change their password. (3)Messages sent via TAMTAMTOOLS’s systems should only relate to genuine booking enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse TAMTAMTOOLS’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. E-mails and site recommendations transmitted via the “Recommend this site” function should only be sent with the recipient’s consent. You agree that you will protect other users’ 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 unauthorised transfer of such information. (5)Please note that TAMTAMTOOLS does not, and realistically does not have the ability to, verify the accuracy or otherwise of Guest Reviews or Host Responses. (6)In the event that any Guest Review appears on the site but fails to conform to the Guest Ts&Cs, then without prejudice to any other available remedies, TAMTAMTOOLS shall be entitled immediately to remove from the site the relevant non-conforming Guest Review. (8)TAMTAMTOOLS complies with its Privacy Policy. Further details can be obtained from the Privacy Policy. The Guest consents to the use of his data as outlined in the Privacy Policy. Hosts generally authorise TAMTAMTOOLS to forward the Host’s contact details, including telephone number, to Guests in connection with an Accommodation booking. Guests may ask for these details to be supplied on production of proof of the booking; alternatively, these details may be made available to Guests through their Accounts. 9. Indemnification You agree to indemnify and hold TAMTAMTOOLS and its affiliates in other countries including TAMTAMTOOLS Group (“TAMTAMTOOLS Affiliates”) harmless against any claims by third parties brought against TAMTAMTOOLS or any TAMTAMTOOLS Affiliate arising out of or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; or (c) any breach by you of these Guest Ts&Cs. TAMTAMTOOLS will provide notice to you promptly of any such claims. 10. Prohibitions The Guest shall not directly or indirectly: a.With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same; b.Monitor content on the site or TAMTAMTOOLS ’s platform or systems by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with the site or TAMTAMTOOLS ) and non-commercial public archives 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 and comply with TAMTAMTOOLS ’s robots.txt file; c.Use the site or TAMTAMTOOLS ’s platform or systems for purposes other than those referred to in these Guest Ts&Cs; d.Use the site or the tools and services on the site for the purpose of booking or soliciting a rental for a property other than an Accommodation under a valid Listing; e.Reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site; f.Upload or send to the site or TAMTAMTOOLS ’s platform or systems any contents or programs, which on account of their size or nature, might damage TAMTAMTOOLS ’s computers or networks; g.Include content on the site or TAMTAMTOOLS ’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach; h.Use or access the Site or TAMTAMTOOLS’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus“includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk); i.Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability; j.Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; k.Post or transmit any content that: • may disparage any ethnic, racial, sexual, religious or other group by stereotypical depiction or otherwise; • depicts or advocates the use of illegal drugs; • characterizes violence as acceptable, glamorous or desirable; or • provides a link to any other websites; or l.Refer to TAMTAMTOOLS or any TAMTAMTOOLS Affiliate in any way that might lead someone to believe that the Guest or any website is sponsored by, affiliated with, or endorsed by TAMTAMTOOLS or any TAMTAMTOOLS Affiliate. 11. Right to delete content Guests are responsible for ensuring that their communications, and content posted, through or in connection with the site, including Guest Reviews and communications with Hosts, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright or data protection law. TAMTAMTOOLS may monitor any data on the Site or TAMTAMTOOLS’s platform or systems and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, TAMTAMTOOLS shall be entitled immediately to remove from the site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account. 12. Termination (1)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. 13. Payment (1)TAMTAMTOOLS facilitates the payment of Accommodation price, Host fees and Guest service fees. (2)We charge a service fee to Guests who make a booking through the Site. This service fee supports the running of the Site and the services we provide to you. Any service fee will be displayed at the time of booking. Service fees are non-refundable except in the case where an owner/manager cancels a booking. Payment of a service fee does not guarantee availability of a property. (3)TAMTAMTOOLS provides a feature through which Members may view Accommodation prices and fees in currencies other than Singapore dollars. Amounts listed in currencies other than Singapore dollars are for information only and do not represent the exchange rates or amounts applicable to your payments. All fees are payable in the currency selected by the user. (4)Payments may be subject to foreign currency processing costs, which are not refundable. (5)Payment. If you, as a Guest, find a Listing you wish to reserve, you will be asked to your credit card information and billing address. We will obtain a pre-authorization for the total amount of the stay to ensure that you have the necessary amount of funds available to cover the transaction, but will not charge your card at that time. Alternatively we may charge $1 to verify that the card works. If the Host who posted the Accommodation accepts your offer to rent, your card will be charged the full balance at the time of acceptance. If the Host fails to respond or accept your offer, any charges will be refunded and the pre-authorization will be released. The funds will be held by TAMTAMTOOLS until you arrive, and shortly after, will be released to the Host, after deduction of TAMTAMTOOLS’s service charges. (6)Cancellation and Refunds. If you, as a Guest, cancel your reservation, TAMTAMTOOLS will return the funds to you in accordance with the applicable cancellation and refund policy. TAMTAMTOOLS provides Hosts with a selection of cancellation and refund policies, from which Hosts will select one for each of their Listings. (7)Taxes. You are solely responsible for determining your own taxes arising out of or in connection with the Services, and you shall account to the relevant authorities for all applicable taxes on the payments you receive. We cannot and do not offer tax advice to either Hosts or Guests. (8)Damages. As a Guest, you are responsible for leaving the Accommodation in the condition that it was handed over to you. In the event that a Host claims otherwise and provides evidence of damage and/or loss, including but not limited to photographs and/or signed acknowledgments, you agree to pay the cost of replacing the damaged and/or lost items with equivalent items. After being notified of the claim and given 48 hours to respond, the payment will be charged to the credit card on file. If we are unable to charge the card on file, you will be required to remit payment. If you do not remit payment, the Host will be entitled and may take such action against you directly as the Host may deem appropriate. 14. No agency TAMTAMTOOLS is not an agent or representative of any User, whether an Host or a Guest. All agreements, transactions and other dealings between Users, whether as Hosts, Guests or in any other capacity, are solely decided by those persons and between those persons only. TAMTAMTOOLS is not privy or a party to these agreements, transactions or other dealings. 15. Third-Party Content In using the Services, you may deal with content and information from other users or third parties (Third-Party Content). Third-Party Content may be provided directly through 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. 16. Liability of TAMTAMTOOLS In no event will TAMTAMTOOLS be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site or TAMTAMTOOLS’s platform or systems, any materials or content you submit to the Site, and your use of the Site and/or any transaction between users, even if TAMTAMTOOLS has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the site or TAMTAMTOOLS’s platform or systems, you do not agree with any part of these Guest Ts&Cs, then your sole and exclusive remedy against TAMTAMTOOLS is to discontinue using the site. Nothing in these Guest Ts&Cs shall exclude or restrict TAMTAMTOOLS Group’s liability for death or personal injury resulting from its negligence; nor for TAMTAMTOOLS Group’s fraud or fraudulent misrepresentation. 17. Reporting Misconduct If you 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 Please write your email here. Your report does not require us to take any action except as required by applicable law. 18. Applicable law These Terms are governed by Belgium law. You hereby irrevocably submit to the exclusive jurisdiction of the Belgium courts. 19. Miscellaneous (1)These Guest Ts&Cs, and the Privacy Policy contain the entire agreement between TAMTAMTOOLS and Guest relating to their subject matter. (2)TAMTAMTOOLS recommends that you save your own copy of these Guest Ts&Cs in a separate file on your device or in print-out form. (3)TAMTAMTOOLS’s failure to act with respect to a breach of these Guest Ts&Cs by the Guest or others does not waive TAMTAMTOOLS’s right to act with respect to subsequent or similar breaches. (4)The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Guest Ts&Cs. (5)The invalidity of one or more provisions of these Guest Ts&Cs shall not affect the validity of the other provisions. Host Terms and Conditions 1. Introduction (1)These terms and conditions (the “Host Ts&Cs”) together with the Privacy Policy, govern the relationship between TAMTAMTOOLS and any party which accesses or uses the Site to offer or advertise any property for rent, including property owners, lessees and property managers, (collectively, “Hosts” or “you”). (2)The Host Ts&Cs constitute a legally binding agreement between TAMTAMTOOLS and the Host. By using or accessing the Site or TAMTAMTOOLS’s platforms or systems in the capacity of a Host, you acknowledge that you agree to and are subject to the Host Ts&Cs as well as our Privacy Policy. If you do not fully agree to the Host Ts&Cs, you are not authorised to access or otherwise use the Site. (3)If the Host is a company, partnership or other entity, a person who uses this site, and/or agrees to the Host Ts&Cs, on behalf of that Host represents that he/she has the authority to bind the entity to these Host Ts&Cs. (4)TAMTAMTOOLS does not authorise anyone to register with this site unless they are able to enter into legally binding contracts. (5)TAMTAMTOOLS may revise these Host Ts&Cs at any time by posting an updated version to this Web page. You should visit this page periodically to view the most current Host Ts&Cs because they are binding on you. Hosts who violate the Host Ts&Cs may have their access and use of the Site suspended and their Accommodation Listings removed from the Site, at TAMTAMTOOLS’s discretion. 2. The Site is a Venue only (1)This Site is a venue which allows Hosts to advertise one or more holiday rental properties (each a “Accommodation”) for rent in a variety of pricing formats to potential tenants (each, a “Guest” and, collectively with an Host the ‘users’). We may also offer online booking or other tools or services to facilitate payment transactions between Hosts and Guests, and to allow them to communicate with each other and to enter into rental agreements or other transactions (collectively, the “Services”). (2)The Site provides and facilitates a marketplace for Hosts and Guests to meet, arrange for and book Accommodations and to enter into rental agreements or other transactions directly with each other. As such, TAMTAMTOOLS is not, and does not become, party to any contractual relationship between the Guest and the Host. TAMTAMTOOLS may assist in mediating disputes between Guests and Hosts, but is under no obligation to do so. This is true even if the Site facilitates booking an Accommodation or the use of other tools, services or products, as TAMTAMTOOLS is not a party to any rental or other agreement between Guests and Hosts. (3)TAMTAMTOOLS is not an owner or operator of Accommodations, hotels, motels, home-stays, lodgings or accommodation of any kind. TAMTAMTOOLS does not sell, resell, furnish, provide, rent, license, manage or control Accommodations, hotels, motels, home-stays, lodgings or accommodation of any kind. TAMTAMTOOLS is also not an agent in any capacity for providers or users of Accommodations, hotels, motels, home-stays, lodgings or any other accommodation of any kind. 3. Identity Verification and experience with other users (1)We do not confirm any user's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of the Services. We do not endorse any persons who use or register for our Services, whether as Hosts or Guests. We do not investigate any user's reputation, conduct, morality, criminal background or verify the information that any user submits to the Site. We encourage you to communicate directly with potential Guests through the tools available on the Site and to review the profile pages for feedback from other users. (2)You are solely responsible for your interactions with other users of our Services. We are not responsible for any damage, harm or any other result from your interactions with other users of our Services. We may but have no obligation to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable. (3)By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from TAMTAMTOOLS. You release TAMTAMTOOLS from any and all claims, demands, damages (actual, consequential, nominal, punitive or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in connection with your dealing with Services, your communication or interaction with other users on the Site or your experience as a Guest or Host. 4. Accommodation Listings (1)Hosts can agree with TAMTAMTOOLS to place on the site an advertisement for a specific property (each advertisement, a “Listing”). Listings can be advertised without any upfront fee, but in exchange Host’s will be charged a commission equal to a percentage of the base rental amount paid by a Guest on every booking sourced through the Site, as set out in the listing process (“the Commission”). TAMTAMTOOLS reserves the right to change the applicable Commission, with any changes to be notified to the Host 30 days before the new Commission is applied. The new Commission rate will be deemed accepted if the Host does not remove his Listing by the time the new Commission is applied. (2)The calculation of the Commission will include applicable payment processing fees related to online payment, but shall not be assessed on amounts charged for taxes and any other product or service purchased by the Guest and charged by TAMTAMTOOLS, such as insurance products. It is the Hosts’ duty to accurately breakdown the different amounts charged to the Guests. (3)Host commits to manage communications enquiries and booking payments through TAMTAMTOOLS’s platform and tools. Use of external tools and payments not processed through TAMTAMTOOLS’s platform is strictly forbidden. (4)To create a Listing, you will be asked questions about the Accommodation, including location, capacity, size, features, availability, price, financial terms and Guest restrictions. (5)Host commits to provide only accurate and up to date information in each Listing (including the description, rates and cancellation policy), and shall not impose different conditions on the Guest than those set out in the listing. You undertake and agree that once a Guest requests to book your Accommodation, the price for the booking cannot be changed. (6)Host shall choose a cancellation policy among the ones proposed by TAMTAMTOOLS. The selected cancellation policy may be changed by the Host at any time and shall be applicable to all Listings. (7)Failure to comply with the obligations set forth in these terms and conditions may result in Host’s permanent exclusion from the Site and from any of its affiliated sites. (8)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. (9)Sort order for Listings depends on TAMTAMTOOLS’s algorithms and may vary from time to time. No guarantee is given on any position within the search results, but the position of a Listing can be improved through quality criteria, such as number and quality of pictures, rates, description, calendar updates, etc. (10)Listings may be displayed on other sites of TAMTAMTOOLS’s affiliates, and on the sites of companies with which TAMTAMTOOLS may have signed distribution agreements, to the extent that such sites enable online payment. However, TAMTAMTOOLS gives no guarantee of publication other than on the Site where Advertiser originally registered its Listing and within the limit of TAMTAMTOOLS’s right to publish a Listing or not. (11)Listing will be displayed on the Site indefinitely; however TAMTAMTOOLS reserves the right to remove or refuse to publish any Listing at any time in its sole discretion. Advertiser can also suspend or remove their Listings at any time, through their dashboard or by contacting customer service. 5. Account registration and using the Services (1)In order to create a Listing, you must first register an account. You can register an Account and become a Member by logging into your account with certain third party social networking sites, including Facebook. 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. Upon registration, a Host is given a user profile in which the data he contributes is recorded and in which all the Accommodation rentals offered by that Host are specified (the “Dashboard”). (2)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. TAMTAMTOOLS 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)The Dashboard provide various functions which are intended to assist Hosts to manage their Accommodations through the site; these functions, and the Dashboard itself, are made available on an “as is” basis, and TAMTAMTOOLS does not undertake that the Dashboard or its functions will be complete or error-free. (4)Guests may also post their own reviews of Hosts’ Accommodations (“Guest Reviews”) on the site. The Host is given the opportunity to view Guest Reviews, and to respond to them (a “Host Response”). Please note that TAMTAMTOOLS does not, and does not realistically have the ability to, verify the accuracy or otherwise of Guest Reviews. The Host’s sole remedy, and TAMTAMTOOLS’s sole obligation, in the event that an Host disputes any aspect of a Guest Review is to permit the Host to post an Host Response to it. (5)TAMTAMTOOLS requires all Guest Reviews, Host Responses and other communications to conform to these Host Terms and the Guest Terms, and may decline to post any of them that TAMTAMTOOLS finds does not do so. In the event that any Guest Review or Host Response appears on the site but fails to conform to the Host Terms or Guest Terms, then without prejudice to any other available remedies, TAMTAMTOOLS shall be entitled immediately to remove from the site the relevant non-conforming Guest Reviews and Host Responses. (6)Enquiries and communications sent using the TAMTAMTOOLS system are available for review by the Guest who originally sent it and to a limited number of Group customer service employees, who may be asked by Guests or others for their past enquiry information. Group also monitors messages from time to time which are sent using TAMTAMTOOLS platform or systems. TAMTAMTOOLS may, from time to time, use third party e-mail servers to send and track receipt of emails, and analyse the pattern of emails sent using third party tracking systems. TAMTAMTOOLS’s system does not hold messages indefinitely and they may not be accessible after the message has been delivered. Hosts should print a copy of any message which is important – for example a payment receipt or a booking confirmation. (7)TAMTAMTOOLS has no responsibility for, or involvement in, the communications between the Host and Guest. 6. Listing Details and Services (1)The display of the Host’s Listing is dependent on variable algorithms and therefore no guarantee is given to the Host as to the order its Listing will appear in the search results list. (2)A search summary snippet (either with or without a picture of the Accommodation) and linked to the full-page Listing (with or without machine-translated text) may appear on the websites of affiliates of TAMTAMTOOLS (including affiliates in other countries) (collectively, “TAMTAMTOOLS Affiliates”). The availability of search snippets, and the inclusion of Accommodation photos in them, on such TAMTAMTOOLS Affiliate websites is dependent on the availability of the relevant functionality on those websites. The Host acknowledges that these search summary snippets may appear very low in the search hierarchy of the relevant websites. (3)Accommodation search snippets are searched and displayed based on TAMTAMTOOLS’s sort algorithm. Guests can also filter Listings according to various criteria, such as, but not limited to: •The average review score •The number of bedrooms, bathrooms and/or beds •The number of reviews •The pricing 7. Additional Services TAMTAMTOOLS may make available, and may from time to time add to or remove, certain additional programs, options, and/or promotions to all or selected Hosts (the “Additional Services”). The Additional Services may be offered or made available on an options or mandatory basis and in any case will be subject to additional terms and conditions which will be notified to the eligible Hosts. By accepting, selecting or participating in these Additional Services, including by continuing to use the Additional Services, in the case of mandatory programs or options, the Host also agrees to such additional terms and conditions, which will be deemed to be incorporated by reference into these Terms with respect to such Additional Services. 8. Termination (1)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 may cancel your future bookings and payments due to you. (2)If TAMTAMTOOLS determines, or an alleSgation is made, that: a. Listings or other content associated with an Host contain any material that infringes the Host Terms, the law, applicable regulations or the rights of any person or entity; b. a Host has submitted unsuitable material to, or misused, the site; c. a Host’s listing or rental practices are unacceptable or unfair (for example, and without limitation, if an Host double-books an Accommodation for multiple Guests on the same date, or engages in any practice that would be considered unfair or improper within the holiday rental industry); d. the Host is in material breach of these Host Ts&Cs (which shall include, for the avoidance of doubt, any breach of clause 13 ‘Rights and obligations of the Host’ or clause 14 ‘Prohibitions’) any other obligations owed to TAMTAMTOOLS, any TAMTAMTOOLS Affiliate or Guest; e. a Host has been is abusive or offensive to any employee or representative of TAMTAMTOOLS; f. a Host uses a false identity; g. TAMTAMTOOLS’s systems or communications platforms have been otherwise misused; or h. anything similar to the foregoing has occurred in relation to any of TAMTAMTOOLS Affiliates, then TAMTAMTOOLS shall be entitled to, at its sole discretion, (i) suspend, (ii) down-tier, or (iii) terminate either (a) any affected Listings, or (b) all Listings associated with that Host (including, for the avoidance of doubt, any Additional Paid Services relating to those Listings) immediately and without refund of payments or any other fees or charges paid by the Host. (3)Note that TAMTAMTOOLS assumes no duty to investigate complaints. 9. Rights and obligations of TAMTAMTOOLS (1)TAMTAMTOOLS may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability. (2)TAMTAMTOOLS shall use commercially reasonable efforts to ensure that Accommodation photographs on the site are as true and accurate a representation as practicable of the photographs of their Accommodations that Hosts have submitted to TAMTAMTOOLS. However, Hosts acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings. (3)TAMTAMTOOLS may occasionally undertake upgrades of the site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. TAMTAMTOOLS will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Guests’ usage is least affected. (4)TAMTAMTOOLS may conduct identity checks and ask for proof to establish the existence of an Accommodation and/or an Host and ownership. If TAMTAMTOOLS – including as a result of information provided by Guests - suspects that the Host has supplied false information, the Host acknowledges that TAMTAMTOOLS is entitled to carry out identity checks on the Host or to prove the existence of an Accommodation; if requested to do so, the Host agrees promptly (and in any event within any period requested by TAMTAMTOOLS) to supply to TAMTAMTOOLS such proof of identity or of a Accommodation’s existence as TAMTAMTOOLS requests. Each Host acknowledges that failure to comply with any such request constitutes a breach of these Host Ts&Cs. (5)TAMTAMTOOLS complies with its Privacy Policy. The Host authorises TAMTAMTOOLS to forward the Host’s contact details, including telephone number, to Guests in connection with an Accommodation booking. The Privacy Policy provides further details. TAMTAMTOOLS may where necessary (including to prevent fraudulent behaviour of a third party) give an Host`s phone number to a Guest. The Host accepts that it has read the site’s Privacy Policy and Cookie Notice and consents to the processing of data as outlined in those policies. (6)TAMTAMTOOLS reserves the right to transfer these Host Ts&Cs, and to assign or subcontract any or all of its rights and obligations under these Host Ts&Cs, to a third party but will not do so in such a way as to reduce any guarantees given to the Host under these Host Ts&Cs. (7)TAMTAMTOOLS may, at any time, without prior notice and in its sole discretion remove or block any Listing. 10. Intellectual Property (1)TAMTAMTOOLS is the operator of the site. All content that appears on this site (including the name and style of TAMTAMTOOLS but excluding Third-Party Content), and the Site itself, is protected by rights of publicity, copyright, trademark, trade secret and other applicable proprietary rights and intellectual property laws Except as expressly authorized by us, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, create derivative works from or otherwise deal with these material. (2)You may not retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or similar, whether by manual methods, through the use of bots, crawlers, spiders or otherwise. You may not display any portion of the Site in a frame or any content from our Site through in-line links, unless we have provided our prior written consent which you may request at PLEASE WRITE COMPANY EMAIL HERE. You may establish ordinary links to the homepage of our Site without our written permission and use embedded HTML widgets, if we have provided them. 11. Third Party Content In using the Services, you may deal with content and information from other users or third parties (“Third-Party Content”). Third-Party Content may be provided directly through 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. 12. Binding Agreement (1)The Host agrees and warrants that if a Guest requests to book your Accommodation, you shall respond within 24 hours, failing which the booking is automatically cancelled. When you agree to accept an offer from a Guest to book your Accommodation, TAMTAMTOOLS will send you a confirmation of the booking, and a binding agreement between Guest and Host arises only when TAMTAMTOOLS sends the confirmation of booking. (2)The agreement between an Host and a Guest as described above requires the Host to grant a license 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 Guests’ license to stay in the Accommodation is subject to the Host’s rights of entry and inspection. 13. Rights and obligations of the Host (1)The Host shall submit accurate and truthful particulars about his/her personal identity, payment data, Accommodation offered in Listings and other communications using Group systems. (2)The Host warrants that all of the information provided to TAMTAMTOOLS is accurate and up-to-date, including, but not limited to any and all representations about any Accommodation, its amenities, location, price, and its availability for a specific date or range of dates. The Host will only list Accommodations which the Host is entitled to rent to Guests, and each Listing must relate to an individual and uniquely identified Accommodation. (3)The Host undertakes to ensure that the information on the Listing is kept accurate and up-to-date for the entire time the Listing remains on the Site, and: (i) if a translation is provided to ensure that it is carefully and correctly translated, and: (ii) to comply with these Host Terms when drawing up the Listing. The Host shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information. (4)The Host undertakes to ensure that the calendar for each Listing is keep accurate and up-to-date to reflect the availability of the relevant Accommodation as it is booked. On date-based searches, listings having calendars which are 60 days or more out of date will be filtered out of results. (5)Hosts are responsible for ensuring that their Listings do not infringe any applicable laws (including zoning laws) or the rights of any person or entity. Listings must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law. (6)Photographs included in a Listing should depict the Accommodation as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. (7)We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse TAMTAMTOOLS’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. You agree that you will protect other users’ 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. (8)We may from time to time provide or facilitate services to Hosts to create or improve the quality of their property listings. We also may from time to time create new, or otherwise change, the location or geographic descriptions we use to identify properties in their listings and search results. Consequently, we may change the location or geographic description associated with any property listing. However, we assume no responsibility to verify property listing content or the accuracy of the location. Hosts are solely responsible for ensuring the accuracy of listing content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy. (9)If any Listing is in breach of these Listings Terms, TAMTAMTOOLS reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Host in accordance with clause 8 of these Host Ts&Cs. (10)Hosts are required to keep their account login details secret and not to pass them on to third parties or use them to provide shared access for example over a network. Hosts should use a password which is unique to their use the Site – they must not use the same password as is used for another site or email account. TAMTAMTOOLS will never ask Hosts to disclose this data. If Hosts are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify TAMTAMTOOLS of the situation by email to PLEASE WRITE COMPANY EMAIL HERE. Should any Hosts notice that their account is being used by an unauthorized third party, they should immediately report the matter to by email to PLEASE WRITE COMPANY EMAIL HERE and change their password. (11)No listing may be transferred to another party. In the event of a property sale or change in property management, TAMTAMTOOLS will provide guidance on options for creating a new listing. 14. Prohibitions (1)The Host shall not directly or indirectly: a.With respect to the Site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same; b.Monitor content on the site or communications with Guests by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or property rental adverts, or any subset of the same or which is in the business of providing holiday property rental services or other services that compete with the site or TAMTAMTOOLS) and non-commercial public archives 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 and comply with TAMTAMTOOLS’s robots.txt file; c.Use the site or TAMTAMTOOLS’s platform or systems for purposes other than those referred to in these Host Ts&Cs; d.Use the site or the tools and services on the site for the purpose of booking or soliciting a rental for a property other than a Accommodation under a valid Listing; e.reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site; f.Upload or send to the site any content or programs, which on account of their size or nature, might damage TAMTAMTOOLS’s computers or networks; g.Include content on the site or TAMTAMTOOLS’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach; h.Use or access the site or TAMTAMTOOLS’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus“ includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk); i.Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing“ (whether primary, secondary or other) or that would give rise to criminal or civil liability; j.Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; k.Post or transmit any content that: a.may disparage any ethnic, racial, sexual, religious or other group by stereotypical depiction or otherwise; b.depicts or advocates the use of illegal drugs; c.characterizes violence as acceptable, glamorous or desirable; or d.provides a link to any other websites. l.Refer to TAMTAMTOOLS or any TAMTAMTOOLS Affiliate in any way that might lead someone to believe that the Host, any Accommodation, Listing or website is sponsored by, affiliated with, or endorsed by TAMTAMTOOLS or any TAMTAMTOOLS Affiliate; or m.Substitute an Accommodation in a Listing for another Accommodation without the prior consent of TAMTAMTOOLS. Prohibited substitution activities include: • multi-unit listing: use of one Listing to promote more than one property available in a building; • Substitution: changing the Accommodation which is displayed in a Listing as that Accommodation becomes booked; and • Leeching: offering a Guest who enquires through the Site a different Accommodation than the one which is displayed in the relevant Listing. (2)In the event of any breach of this clause by an Host, TAMTAMTOOLS reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Host in accordance with clause 8 of these Host Ts&Cs. 15. Payment (1)Fee Structure. In consideration of the Services, TAMTAMTOOLS keeps a portion of the Host’s Accommodation price. As a Host, you may post a Listing for free and agree to pay TAMTAMTOOLS its prevailing Host fees for each Guest. Some optional services or functions may incur additional fees, which you agree to also pay. (2)TAMTAMTOOLS facilitates the payment of Accommodation price, Host fees and Guest Fees. (3)TAMTAMTOOLS provides a feature through which Members may view Accommodation prices and fees in currencies other than Belgium dollars. Amounts listed in currencies other than Belgium dollars are for information only and do not represent the exchange rates or amounts applicable to your payments. All fees are payable in the currency that are selected by users. (4)Payments may be subject to foreign currency processing costs, which are not refundable. (5)Payment. Once a Guest reserves an Accommodation, they will be asked to provide credit card information and billing address. We will obtain a pre-authorization for the total amount of the stay to ensure that the Guest has the necessary amount of funds available to cover the transaction, but will not charge the Guest card at that time. Alternatively we may charge $1 to verify that the card works. If the Host who posted the Accommodation accepts the offer to rent, the Guest’s card will be charged the full balance at the time of acceptance. If we are not able to charge the Guest’s card within the 24 hours of time of acceptance, we may have to void the booking and no cancellation policy will apply in this case. If the Host fails to respond or accept the Guest’s offer, any charges will be refunded and the pre-authorization will be released. The funds will be held by TAMTAMTOOLS until the Guest arrives, and shortly after, will be released to the Host, after deduction of TAMTAMTOOLS's service charges. (6)Cancellation and Refunds. If a Guest cancels a reservation, TAMTAMTOOLS will return the funds to the Guest in accordance with the applicable cancellation and refund policy you have selected for that Accommodation. (7)Taxes. You are solely responsible for determining your own taxes arising out of or in connection with the Services, and you shall account to the relevant authorities for all applicable taxes on the payments you receive. We cannot and do not offer tax advice to either Hosts or Guests. (8)Damages. Guests are responsible for leaving the Accommodation in the condition that it was handed over to you. In the event that you claim otherwise and provide evidence of damage and/or loss, including but not limited to photographs and/or signed acknowledgments, the Guest must pay the cost of replacing the damaged and/or lost items with equivalent items. After being notified of the claim and given 48 hours to respond, the payment will be charged to the credit card of the Guest on file. If we are unable to charge the card on file, the Guest will be required to remit payment. If the Guest does remit payment, the Host will be entitled and may take such action against the Guest directly as the Host may deem appropriate. 16. No agency TAMTAMTOOLS is not an agent or representative of any User, whether an Host or a Guest. All agreements, transactions and other dealings between Users, whether as Hosts, Guests or in any other capacity, are solely decided by those persons and between those persons only. TAMTAMTOOLS is not privy or a party to these agreements, transactions or other dealings. 17. Proprietary rights to content (1)Where an Host submits to or transmits through the site or TAMTAMTOOLS’s platform or systems any content of any type, including text or images, the Host undertakes that it has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’). (2)To the extent that Hosts’ Listings and other submissions may contain trademarks, Hosts warrant that they have the right to use them, including sublicensing rights. (3)By submitting any form of content to the Site (including photographs, words, pictures or symbols), the Host grants TAMTAMTOOLS and each of its TAMTAMTOOLS Affiliates a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute the content in any form, in all media now known or in the future created and for any purpose, subject to the Privacy Policy. You represent and warrant to us that you sufficient rights to grant us this license. We may sublicense any of these rights to our subcontractors, affiliates and other parties we deal with in relation to the Services. 18. Right of blocking, suspension or withdrawal of listings If the Host is in breach of this Agreement, or is late in paying any fees or charges, or if a third party requests the removal of a Listing on the basis of an alleged violation of trademarks, copyrights, or legislation relating to the protection of privacy and / or personal data, or for any other valid reason and that the Host cannot prove to TAMTAMTOOLS that it has the right to publish this content (including images and / or photographs), TAMTAMTOOLS has the right to block or delete, temporarily or permanently, without any notice to the Host and without prejudice to any other legal measure. 19. Responsibility of Host The Host will be held solely and exclusively responsible for all the financial consequences resulting from damage to TAMTAMTOOLS due to content or any program transmitted or sent by the Host that results in any damage to the hardware of TAMTAMTOOLS, including damaging the system or data or by causing the failure of such system or faults therein. The financial consequences mentioned above include reasonable legal fees. 20. Indemnification Host agrees to defend, indemnify and hold harmless TAMTAMTOOLS and each TAMTAMTOOLS Affiliate, and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties brought against TAMTAMTOOLS or any TAMTAMTOOLS Affiliate alleging or arising out of or in connection from (a) any content or material the Host submits or provides for inclusion on the Site; (b) any use by the Host of the Site; and (c) any breach of these Host Ts&Cs on the part of the Host. 21. Contacting us (1)Any messages should be sent to TAMTAMTOOLS using the contact form or TAMTAMTOOLS’s platforms. (2)Notices regarding infringements of copyright must specify the following: • Your address, telephone number and email; • Detailed information about the content concerned (display of the image or text), including a link to the site; and • A formal declaration showing that you; • Are the holder of the exclusive user right to the work; • Have not authorised the use of the relevant material in this form. 22. Disclaimer (1)The 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. (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. (3)You acknowledge and agree that: a)you use the Services at your sole risk; b) TAMTAMTOOLS does not check, verify or ascertain any Host, Guest or other person; c)TAMTAMTOOLS 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; 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 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. 23. TAMTAMTOOLS’s limited liability (1)Nothing in this Agreement excludes or limits our liability in respect of: a)death or personal injury caused by our negligence; or b) any other liability which may not be limited or excluded under applicable law. (2)TAMTAMTOOLS 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: a)is of an indirect or consequential nature; b) constitutes pure economic loss; or c) constitutes loss of turnover, profit, business or goodwill. 24. Reporting Misconduct If you 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 PLEASE WRITE COMPANY EMAIL HERE. Your report does not require us to take any action except as required by applicable law. 25. Applicable law These Terms are governed by Belgium law. You hereby irrevocably submit to the exclusive jurisdiction of the Belgium courts. 26. General (1)These Terms contain the entire agreement, and supersede all prior understandings between the parties. If any provision of the Host Ts&Cs are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Host Ts&Cs, which shall remain in full force and effect. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Host Ts&Cs. No waiver of any term of the Host Ts&Cs shall be deemed a further or continuing waiver of such term or any other term. In addition, TAMTAMTOOLS’s failure to enforce any term of the Host Ts&Cs shall not be deemed as a waiver of such term or otherwise affect TAMTAMTOOLS’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional terms for certain areas of the Site including the Privacy Policy, the Host Ts&Cs constitute the entire agreement between Host and TAMTAMTOOLS with respect to the use of the Site. No changes to these Terms shall be made except by a revised posting on this page. (2)TAMTAMTOOLS recommends that the Host saves his/her own copy of these Host Ts&Cs in a separate file on its PC or in print-out form. Terms of Use Last updated: December 05, 2017 These Terms of Use ("Terms", "Terms of Use") govern your relationship with TamTamTools mobile application (the "Service") operated by TamTamTools ("us", "we", or "our"). Please read these Terms of Use carefully before using our TamTamTools mobile application (the "Service"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Purchases If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. Availability, Errors and Inaccuracies We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Contests, Sweepstakes and Promotions Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. Subscriptions Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a annual basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or TamTamTools cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting TamTamTools customer support team. A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide TamTamTools with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize TamTamTools to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, TamTamTools will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Fee Changes TamTamTools, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. TamTamTools will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. Refunds Except when required by law, paid Subscription fees are non-refundable. Content Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Accounts When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of TamTamTools and its licensors. The Service is protected by copyright, trademark, and other laws of both the Belgium and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of TamTamTools. Links To Other Web Sites Our Service may contain links to third-party web sites or services that are not owned or controlled by TamTamTools. TamTamTools has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TamTamTools shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. Termination We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. Limitation Of Liability In no event shall TamTamTools, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Disclaimer Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. TamTamTools its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. Governing Law These Terms shall be governed and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. Contact Us If you have any questions about these Terms, please contact us. Privacy Policy This Privacy Policy governs the manner in which TamTamTools collects, uses, maintains and discloses information collected from users (each, a "User") of the http://www.TamTamTools.com website ("Site"). This privacy policy applies to the Site and all products and services offered by TamTamTools. Personal identification information We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, respond to a survey, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, social security number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities. Non-personal identification information We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information. Web browser cookies Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly. How we use collected information TamTamTools may collect and use Users personal information for the following purposes: • To run and operate our Site We may need your information display content on the Site correctly. • To improve customer service Information you provide helps us respond to your customer service requests and support needs more efficiently. • To personalize user experience We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site. • To improve our Site We may use feedback you provide to improve our products and services. • To process payments We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service. • To run a promotion, contest, survey or other Site feature To send Users information they agreed to receive about topics we think will be of interest to them. • To send periodic emails We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. How we protect your information We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sharing your personal information We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission. Electronic newsletters If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission. Third party websites Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies. Advertising Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers. You may learn more about opting out of major ad networks at https://websitebuilders.com/tools/advertiser-opt-out/. Google Adsense Some of the ads may be served by Google. Google's use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses "non personally identifiable information" and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html Changes to this privacy policy TamTamTools has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site, revise the updated date at the bottom of this page and send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. Your acceptance of these terms By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes. Contacting us If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us. This document was last updated on December 05, 2017