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YACHT CLUB MIAMI SUITE

TERMS & CONDITIONS

Purpose

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To outline proper usage of Yacht Club Miami Suite website for its visitors. This document may also be referred to as: terms of use, terms of agreement, terms of reference, terms & conditions, or, not limited to, terms of services.

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Our Terms and Conditions purposes include, but are not limited to:

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  • Defining the stakeholders

  • Proper usage of the website and its contents

  • Improper usage of the website and its contents

  • Termination of accounts

  • Third party terms and conditions

  • Users’ rights to usage

  • Validity and modifications of the agreement

  • Table of Contents

  • Definitions

  • User requirements

  • Limitation of business activity

  • Use of the services

  • Prohibited use

  • Fees, payments, refunds

  • Termination

  • Links to third party websites and third party services

  • Disclaimer

  • Limitation of liability

  • Personal data

  • Intellectual property rights and customer content

  • Indemnity

  • Force majeure

  • Changes to the Terms & Conditions

  • Severance

  • Non-waiver

  • Assignment

  • Third party rights

  • Governing law and jurisdiction

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Access to and use of the Services (as defined below) is subject exclusively to the following terms and conditions (“Terms of Service”). By using services on https://www.yachtclubmiamisuite.com/, the Customer is fully accepting these Terms of Service, including the Privacy Policy (available at: https://www.yachtclubmiamisuite.com/privacy), and, the Data Processing Addendum (“DPA”). If the Customer does not accept these Terms of Service including the Privacy Policy, and the DPA, the Customer must immediately stop using the Services. If the Customer nonetheless uses the Services, it will be deemed to have agreed to be bound by these Terms of Service, including the Privacy Policy and the DPA.

If you have any questions or comments regarding these Terms of Service, please contact us by emailing dreamteam624@gmail.com.

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1. Definitions


a) The term “Yacht Club Miami Suite,” “we,” “us,” or “our” refers to Yacht Club Miami Suite.

b) The term “Yacht Club Miami Suite” means our website https://www.yachtclubmiamisuite.com/.

c) The term “Services” refers to all services provided by Yacht Club Miami Suite from time to time including but not limited to receiving booking information via our booking and payment system, managing reservations and payments, and responding to Customer via our reservation system and managing content on third-party channels via our channel manager.

d) The term “Customer” refers to either: a) the person who registers for a Customer Account on his/her own behalf; or b) the organization, where the person registers for a Customer account on behalf of an organization.

e) The term “Customer Account” refers to the account which the Customer creates on https://www.yachtclubmiamisuite.com/ in order to access and use the Services.

f) The term “Property” refers to any form of accommodation, building, houseboat, apartment, room, apartment blocks, houses or any other dwellings or rental space that is displayed by the Customer or a third-party channel and offered for rent using the Services.

g) The term “Content” means text, graphics, images, music, software, audio, video, information, or any other form of data.

h) The term “Customer Content” refers to Content provided by the Customer as part of using the Services including but not limited to other information.

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2. User Requirements


a) To access and use the Services, the Customer must provide information for contact. The Customer agrees to provide and maintain true, accurate, current, and complete information at all times.

b) Where the Customer is an organization, the person using Services on its behalf warrants that he/she has the authority to bind the organization to these Terms of Service.

c) The Customer, if an individual, must be at least 18 years of age to be eligible to use the Services.

d) The Customer is responsible for maintaining the confidentiality of its Customer Account and shall not disclose its password to any third party.

e) The Customer is responsible for all activities that occur and Content that is transmitted under its Customer Account.

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3. Limitation of Business Activity


a) Yacht Club Miami Suite is excluded from, or not responsible for, any rental transactions, booking arrangements, or any property management issues. Yacht Club Miami Suite is not a party to any rental contract and not to be exclusively associated with Yacht Club Miami Suite.

b) The Customer acknowledges that (with the exception of Customer Content that is Account Data as defined in clause 12. a) ii.) Yacht Club Miami Suite has no obligation to store, maintain or provide the Customer with a copy of any Customer Content. It is the Customer’s sole responsibility to back up its Content. See our Privacy Policy at https://www.yachtclubmiamisuite.com/privacy for more information about our treatment of personal data.

c) The Customer is solely responsible for the operation of their activity on https://www.yachtclubmiamisuite.com/, including the business that is conducted in relation to the Properties, the statements and representations made by the Customer about the Properties, any interaction between the Customer and Yacht Club Miami Suite, and the content (including user-generated content) which is posted to or transmitted via https://www.yachtclubmiamisuite.com/.

d) The Customer shall ensure that the scope of our role in relation to https://www.yachtclubmiamisuite.com/ as described in this clause 3 shall be clearly communicated to users and that no statement made on https://www.yachtclubmiamisuite.com/ or otherwise to the users misrepresents, or is likely to misrepresent, this.

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4. Use of the Services


a) The Customer agrees to access and use the Services only for vacation rental purposes. Any other use of the Services is expressly prohibited.

b) The Customer agrees to comply with all applicable laws and regulations with respect to its activities under these Terms of Service.

c) The Customer acknowledges that information provided about the Properties will be made available to the public and may be sent to our partner websites for the purpose of advertising.

d) The Customer is further solely responsible for ensuring that the Customer Website complies with applicable law and for drafting, displaying, and enforcing the terms of use and privacy policy for https://www.yachtclubmiamisuite.com/.

f) If the Customer operates in a similar business to ours, we reserve the right to refuse to provide our Services to them and to terminate these Terms of Service immediately without notice.

g) We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, at any time and at our sole discretion.

h) Part of the Services shall be provided through software developed by the entity Lodgify, which is integrated into Lodgify.com (the “VPS”). Accordingly, by using the Services, the Customer is fully accepting the terms of service of the VPS (available at: https://www.lodgify.com/terms/) and accepts that any claim, legal remedy, or civil liability that may derive directly or indirectly from the use of such VPS must be directed against the VPS.

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6. Prohibited Use


a) The Customer shall not:

license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party;
access all or any part of the Services in order to build a product or service which competes with the Services;
attempt to copy, modify, create derivative works of, display, transmit, or distribute all or any part of the software applications used by us as part of the Services (except as may be allowed by any applicable law incapable of exclusion); or
attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software applications used by us as part of the Services (except as may be allowed by any applicable law incapable of exclusion).
b) Except where expressly otherwise permitted in these Terms of Service, the Customer is prohibited from:

using or accessing https://www.yachtclubmiamisuite.com/ and the Services in a manner that unfavorably affects the performance or proper functioning of https://www.yachtclubmiamisuite.com/ and the Services, or any computer systems or networks used by Yacht Club Miami Suite and the Services;
impersonating anyone, or from misrepresenting or misstating facts about affiliation with any person, or from forging headers or manipulating identifiers so as to disguise the origin of the content transmitted through https://www.yachtclubmiamisuite.com/;
using, displaying, mirroring, or framing Yacht Club Miami Suite, or any individual element within https://www.yachtclubmiamisuite.com/ or the Services, Yacht Club Miami Suite name, any Yacht Club Miami Suite trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
using any robot, spider, other automatic device, or manual process to monitor, download, copy, or keep a database copy of the Customer Content and Content made available through the Services and https://www.yachtclubmiamisuite.com/;
sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; and
the Customer agrees to include similar provisions which are no less onerous than those stated in this clause 6. b) in its terms and conditions with its users.
c) The Customer agrees not to post, upload, publish, submit or transmit any Customer Content that:

infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading, or deceptive;
is defamatory, obscene, pornographic, vulgar, or offensive;
promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
promotes illegal or harmful activities or substances;
and the Customer shall include similar provisions which are no less onerous than those stated in this clause 6. c) in its terms and conditions with its users.
d) We reserve the right to withhold, remove and/or delete any Customer Content, with or without notice, where we reasonably suspect that such Customer Content breaches these Terms of Service, and the Customer shall indemnify us against all damages, losses, and expenses arising as a result of any action or claim that the Customer Content posted to, or linked to, https://www.yachtclubmiamisuite.com/ or a third-party channel breaches these Terms of Service.

e) We further reserve the right to modify any Customer Content in connection with the optimization of https://www.yachtclubmiamisuite.com/. Further information about this right and other rights which you grant to us in relation to Customer Content is set out in clause 13. c).

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7. Fees, Payments and Refunds


a) Subject to clause 5, our Services are provided for the fees described for each service on https://www.yachtclubmiamisuite.com/, including but not limited to Subscription Fees, Transaction Fees, and Booking Fees (collectively, “Fees”), and the Customer is liable for such Fees. Fees are exclusive of value-added tax.

b) We reserve the right to change these fees and introduce new charges at any time, upon at least 30 days prior notice to the Customer, which notice may be provided by e-mail.

c) Services canceled at the Customer’s request prior to the completion of the contract term are not subject to a refund.

d) If the Customer fails to comply with any of the provisions of these Terms of Service and we terminate the Customer’s Services prior to the completion of the contract term, we will not refund any payments.

e) The Customer agrees to us, or our third-party service providers, storing the Customer’s payment card information and charging that payment card (i) a fee for any applicable Services (ii) any other fees for Services the Customer may purchase in addition from us, (iii) any increase in fee pursuant to clause 7. b) or d) of these Terms of Service, and (iv) any applicable taxes in connection with the Customer’s use of the Services. If the payment card the Customer provides expires or fails to make the payment and the Customer does not provide new payment card information or cancel the Customer Account, we may, without liability to the Customer, disable the Customer Account and access to all or part of the Services and we shall be under no obligation to provide any or all of the Services until a new payment card is provided or payment of a due amount is able to be charged.

f) Unless otherwise explicitly agreed, all fees shall be paid in U.S. dollars, British pounds, or EU euros.

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8. Termination


a) Our contract with the Customer shall commence on the date the Customer uses Service on Yacht Club Miami Suite and shall continue until terminated in accordance with this clause 8.

b) Our contract with the Customer may be terminated by the Customer, without cause, by following the cancellation procedures set forth in clause 7. e).

c) Our contract with the Customer may be terminated by us, without cause, at any time and (subject to clause 4. f)) upon one month’s notice to the Customer.

d) Our contract with the Customer may be terminated by us at any time, upon notice to the Customer (including via email), if:

the Customer fails to comply with any of the provisions of these Terms of Service;
the Services are discontinued; or
we lose the right to provide the Customer with the Services or where the provision of the Services or a particular Service becomes unlawful.
e) Upon termination:

the Customer shall immediately cease use of the Services;
the Customer acknowledges we have the right to delete all data, files, or other information that is stored; and
any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected.


9. Links to Third Party Websites and Third Party Services


a) https://www.yachtclubmiamisuite.com/ contains links to third-party websites that are controlled and maintained by others. The Customer accesses such third-party websites at its own risk. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transaction completed, and any contract entered into by the Customer, with any such third party. Any contract entered into and any transaction completed via any third-party website is between the Customer and the relevant third party, and not us. We recommend that the Customer refers to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.

b) https://www.yachtclubmiamisuite.com/ may also contain the services of third parties (including but not limited to domain registration services) which will be provided to the Customer pursuant to such third parties’ terms and conditions. We will provide the Customer with links to these third parties’ terms and conditions. The Customer’s acceptance of these terms and conditions may be required to make all services via https://www.yachtclubmiamisuite.com/ available to the Customer.

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10. Disclaimer


a) The Customer acknowledges that the Services have not been developed to meet its individual requirements, and that it is, therefore, the Customer’s responsibility to ensure that the facilities and functions of the Services meet the Customer’s requirements.

b) We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.

c) The Services and https://www.yachtclubmiamisuite.com/ are provided on an “AS IS”, “AS AVAILABLE” basis.

d) We make no warranty that the functionality of the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the servers that make it available are free of viruses or anything else which may be harmful or destructive.

e) We make no warranty that the Customer Content will not be lost or corrupted and, with the exception of Customer Content which is Account Data (as defined in clause 12. a) ii.), we shall not be responsible for any loss, destruction, alteration, unauthorized disclosure, or corruption of Customer Content. See our Privacy Policy https://www.yachtclubmiamisuite.com/privacy for more information about our treatment of personal data.

f) Except as expressly stated in these Terms of Service, to the fullest extent permitted by law, all other warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms of Service.

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11. Limitation of Liability


a) Nothing in these Terms of Service excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be excluded or limited by law.

b) Subject to clause 11. a), we will not be liable, whether in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any:

loss of profits,
loss of business,
depletion of goodwill,
loss or corruption of data or information, or
any indirect, special, incidental or consequential loss or damage,
arising out of or in connection with the Customer’s use of the Services.
c) Subject to clause 11. a), our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, arising in connection with the performance or contemplated performance of the Services shall be limited to the total fees paid for by the Customer during the 12-month period immediately preceding the date on which the claim arose.

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12. Personal Data


a) The Customer acknowledges that:

the Customer shall be the data controller and we shall be a data processor in respect of any personal data which we process on the Customer’s behalf when performing the Services (“Service Data”); and
we shall be the data controller in respect of any personal data submitted or collected in association with the Customer Account (“Account Data”).
b) With regards to Service Data:

the Customer acknowledges and agrees that the personal data may be transferred or stored outside the EEA or the country where the Customer is located in order to carry out the Services and our other obligations under this agreement;
the Customer shall ensure that the Customer is entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with these Terms of Service on the Customer’s behalf;
the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
we shall process the personal data only in accordance with these Terms of Service, our Privacy Policy (available at https://www.yachtclubmiamisuite.com/privacy) and any lawful instructions reasonably given by the Customer from time to time.
c) To the extent that Yacht Club Miami Suite processes any Controller Personal Data (as defined in the DPA) contained in Customer Content that is subject to the GDPR (as defined in the DPA), on the Customer’s behalf, in the provision of the Services, the terms of the Data Processing Addendum (“DPA”), which are hereby incorporated by reference, shall apply and the Customer and us agree to comply with such terms.

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13. Intellectual Property Rights and Customer Content


a) The Customer acknowledges and agrees that Yacht Club Miami Suite and/or its licensors own all intellectual property rights in the Services and the logo, design, material, and software on https://www.yachtclubmiamisuite.com/. Except as expressly stated herein, this agreement does not grant the Customer any rights to or in patents, copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services.

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b) The Customer represents and warrants that it is the owner or permitted licensee of the Customer Content, including all intellectual property rights consisting of it, and agrees to indemnify us immediately on demand against any cost, loss or liability which we may incur by reason of the Customer’s breach of that warranty.

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c) The Customer grants us the following limited license with respect to the Customer Content: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Customer Content only in connection with the provision of https://www.yachtclubmiamisuite.com/ (including any and the Services).

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14. Indemnity


The Customer agrees to indemnify and hold Yacht Club Miami Suite and its directors and employees harmless from and against all claims, actions, proceedings, liabilities, damages, losses, expenses and costs (including without limitation court costs and reasonable legal fees) which arise from, relate to, or are connected with the Customer’s use of the Services.

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15. Force Majeure


a) Subject to clause 15. b), we shall not be liable to the Customer for any breach or delay of the performance of our obligations under these Terms of Service where such breach or delay is caused by an event outside of our control.

b) We will take reasonable steps to minimize the effect of the delay or breach.

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16. Changes to the Terms & Conditions


We reserve the right to change these Terms of Service at any time and, where appropriate, upon giving the Customer notice via email in advance. The Customer’s continued use of the Services following any changes shall be deemed to be the Customer’s acceptance of such changes.

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17. Severance


If any of the provisions or part provisions contained in these Terms of Service should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction then such provision or part provision shall be severed, and the remaining provisions and part provisions shall survive and remain in full force and effect and continue to be binding and enforceable.

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18. Non-Waiver


Our failure to enforce at any time or for any period any one or more of the provisions of these Terms of Service shall not be a waiver of them or the rights attaching to any of them.

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19. Assignment


a) The Customer shall not, without our prior written consent, assign, transfer, charge, sub-contract, or deal in any manner with any or all of its rights or obligations under this agreement.

b) We may at any time assign, transfer, charge, sub-contract, or deal in any other manner with all or any of its rights or obligations under this agreement.

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20. Third Party Rights


These Terms of Service do not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

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21. Governing Law and Jurisdiction


These Terms of Service and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by law and Customers accept the exclusive jurisdiction of the [VacationRentalBusinessLocality] courts to rule on the same.

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