TERMS & CONDITIONS
THE HAVENERY CLUB POLICIES AND TERMS
OUR MEMBERSHIP
TERMS
The Havenery Club Is A Retreat And Travel Experiences Membership Club Designed To Provide An Unparalleled User Experience For Both Travelers And Hospitality Brands! In Order To Serve You At The Highest Level, Please Read Through And Accept Our Terms And Conditions, Privacy Policy And Refund Terms For Both Travelers And Hospitality Brands, Outlined Below. These Terms And Conditions And Policies Allow Us To Operate At Our Peak While Providing A Standard That All Of Our Members Enjoy And Deserve!
TERMS AND CONDITIONS FOR TRAVELER MEMBERS
The Havenery Club Marketplace Terms of Service:
Welcome to The Havenery Club! We operate a social marketplace which allows you to discover and buy retreat rental accommodations, travel experiences, and retreats using our website. Have a good time, and remember our house rules!
1. Introduction
1.1 Welcome to the The Havenery Club platform (the 'Site'). We'll refer to our website and other services as our "Services", and The Havenery Club will be addressed individually or collectively as "The Havenery Club", "we", "us", or "our". Please read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you are agreeing to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our services.
1.2 This document and any documents referred to within it will collectively make up the 'Terms of Service'. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1.3 Our "Services" include (a) the site, (b) the services provided by the site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted by Users using our Services will be "Your Content". Your Content includes your usernames, shop names, profile pictures, listing photos, listing description, reviews, comments, videos, pricing structure etc.
1.4 Our services include an online platform service that provides a place and opportunity for the sale of space or other accommodations for retreat use (both overnight and non-overnight), and/or an actual retreats and travel experiences within the property owned and operated by Travel Brands/Sellers, or services between the Buyer/Retreat Seeker/Retreat Guests Booked ("Buyer") and the Seller/Retreat/Travel Experience or Retreat Space Lister, Haven ("Seller"), collectively known as "Users", "Members" or "Parties". The actual contract for a sale is directly between the Buyer and the Seller. We are not a party to that contract or any other contract between Buyer and Seller. The Havenery Club (nor its Parent Company "Sun*Kissed Designs") , does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings (accommodation, retreat package, or space for rent) or Retreat Services (retreat services, services/adventures/excursions/classes, add-ons or custom requests) to any Member, Buyer or Seller, of The Havenery Club unless expressly stated within the Listing. The Havenery Club is not a real estate broker or insurer. The Havenery Club is not acting as an agent in any capacity for any Member, except as providing the service on the site of payment collection, payments and payouts. The Havenery Club acts as a Travel Club and Membership Marketplace and a payment collection agent solely for the limited purpose of accepting fees from Members joining The Havenery Club for the intention of purchasing reservations for retreat packages or retreat rental space. travel experiences and additional add-on services on The Havenery Club. Parties to the transaction will be entirely responsible for the sales contract between them in accordance to the listing of goods, accommodations, experiences, warranty of purchase and the like. The Havenery Club has no control over the quality, safety, morality or legality of any aspect of the locations listed or services offered, the truth or accuracy of the listings, the ability of Sellers to sell reservations or services or the ability of Buyers to pay for items. The Havenery Club does not pre-screen users or the content or information provided by users. The Havenery Club cannot guarantee that a Buyer or Seller will actually complete a transaction. In no way does The Havenery Club transfer legal ownership of property, accommodations or items from the Seller to the Buyer. The Havenery Club can not ensure the true identity, age, and nationality of a user. The Havenery Club is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on The Havenery Club. As such, We accept no obligations in connection to these contracts. We send Buyers directing to the websites of the Sellers to make their reservations and accept no legal liability of any kind during the transaction, reservation, stay/experience or afterwards. However, if you have problems with your travel experiences or retreats, we may step in to consideration of the Listing within The Havenery Club (refer to section 10).
1.5 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose a limit on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability.
1.6 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason. We have a strict policy preventing "Closing Sales Off Of The Marketplace" either at your own site, offline or on the site of a third-party. To encourage a Buyer revoke or prevent their membership in The Havenery Club in order to reserve accommodations off of the marketplace, is a breach of service and will result in the termination and banning of the initiating party and/or the agreeing party.
1.7 The Sellers of the site are Independent Contractors and in are in no way a formed agency, contract, employment status, partnership, joint venture, or franchiser and franchisee arrangement nor agreement due to their membership on this site or by this Agreement.
2. Privacy
2.1 We know your personal information is important to you, so it's important to us. Our Privacy policy details how your information is used when you use our Services. When using our Services or providing information on the site, you consent to Our collection, use, disclosure, and processing of Your Content and personal data as described in the Privacy Policy.
2.2 Users in possession of another User's personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.
2.3 We require that all personal data of children under the age of 18, be held in the strictest confidence unless required by law to be disclosed.
3. Your Account
3.1 You'll need to create an account with Us to use some of our Services. Here are a few rules about accounts with Us:
3.1.1 You must be 18 or older to use our Service. Otherwise you may only use our Services under the supervision of a parent or legal guardian. All of Our services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Individuals under the age of 18 who will be apart of a retreat must at all times use The Havenery Club’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
3.1.2 Be honest with us, and provide accurate information about yourself. It's not OK to use false information or impersonate another person or company through your account.
3.1.3 You are responsible for your account. You're solely responsible for any activity on your account. The person's name on the account will be ultimately be responsible for all activity. If you're registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, You may not transfer or sell your account on The Havenery Club and User ID to another party, nor use your account in conjunction with another party.
3.1.4 As we've mentioned above, you're solely responsible for any activity on your account, so remember to keep your login and password secure and email address up-to-date. You agree to immediately notify The Havenery Club of any unauthorized use of your password or any breach of security. The Havenery Club is not liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than The Havenery Club without express written permission from The Havenery Club.
4. Limited License
4.1 We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of The Havenery Club and where applicable, third parties proprietors identified in the Site. You agree not to copy, distribute, re-publish, mirror, frame or create derivative works without our prior written consent.
5. Your Content
5.1 Content that you post using our Services is your content. This includes usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, video, damage waivers, liability waivers etc.
5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you're not infringing or violating any third party's rights by posting it.
5.1.2 Posting Your Content through our Services, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership to Your Content, but we have your permission to use it to help us function and grow.
5.1.3 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If your Content infringes another person's intellectual property, we will remove it if we receive proper notice.
5.1.4 You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar, racist, discriminatory or otherwise offensive or in violation of our Prohibited Items/Services section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.
5.1.5 You agree that the actual accommodations and reservations that you are seeking for retreat bookings, travel experiences and reservations, is a true event and/or vacation and that you are the traveler and not booking for a third party.
6. Your Use of Our Services
6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection without your use of the Services. This includes any local, state, federal and international laws that may apply to you.
6.2 You are responsible for paying all fees that you owe to us. You are also solely responsible for collection and/or paying any applicable taxes for any reservations, purchases or sales you make through our Services.
6.3 You agree not to attempt to obtain source code of the services. You agree to not interfere with or disrupt/harm our services.
6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.
6.5 If you believe a User on our Site is violating these terms, please contact us at chantelfrancina@thehavenery.club.
7. Purchase and Payment
7.1 Currently we only support Credit Card payments. These payments are processed through the third-party payment channel PayPal and incur additional charges based on your location. We reserve the right to change the payment channel and supported payments at any time.
7.2 All sales on the platform are binding. The Seller is obligated to complete the transaction with the Buyer and vice versa, in a prompt manner unless an exceptional circumstance arises.
7.3 All Traveler Membership Packages are final sale and non-refundable. They are separately invoiced outside of the site and are non-transferable. All discounted Traveler Membership Packages are renewed on their annual date at the Current Package rate for that time with the option to downgrade or opt out.
7.4 All fees and prices are stated, paid and payouts are distributed in US Dollars USD.
8.A Buyer's Responsibilities
8.A.1 Buyers will honestly give information about their retreat group guests and proposed activities, travel dates and needs, including the age of guests, their ability to perform any adventure retreats, and their medical condition if applicable. Buyers will not provide inaccurate or misleading information about their guests and the nature of the reason for accommodations.
8.A.2 The pricing of reservations/services for sale are determined by the Seller at his/her own discretion. The price of a reservation and additional "add-on" option charges will include any additional charges such as sales tax, value-added tax, tariffs etc. Buyers agree to pay the determined reservation price including all applicable fees, taxes, and add-on fees in full at the time of booking.
8.A.3 Buyers are obligated to inform Sellers of any delays or inability to complete the transaction and reservation. Buyers agree to comply with the pricing and refund policies set forth by the Sellers’ listings and the Terms and Conditions on their individual company websites.
8.A.4 Buyers will retain additional receipts, credit card slips or tax invoices from Sellers on request.
8.A.5 Buyers agree to vacate the property at the predetermined date of their reservations. Guests who overstay the accommodations without prior payment and approval or refuse to vacate a location at the end of their reservation, are subject to the charge and collection of all additional reservation day rates set by the accommodations, as well as all late fees and additional fees applicable to recover and costs and expenses in recovering the overstay fees, in addition to but not limited to the legal ramifications and the Terms and Conditions set forth by the Seller’s company website.
8.A.6 You authorize The Havenery Club to charge your Payment Method the Total Membership Fees for in connection with your The Havenery Club Member Account. The Havenery Club will collect the Total Fees from the credit card source you have provided within your membership account on The Havenery Club Marketplace Platform. You also agree to provide your Traveler ID Number of Phone Number while booking reservations and experiences on the individual company websites of our Sellers to notify them of your status as a Travel Member of The Havenery Club.
8.A.7 Buyers agree to complete and fulfill the retreat and travel experience reservations with the exception of Exceptional Circumstances. If there are any exceptional circumstances the Buyer is obliged to contact the Seller to inform them of any delays or inability to complete the transaction and reservation. Exceptional Circumstances may be considered as:
-Unexpected death or serious illness of a host, guest or their immediate family member (spouse/partner, child, parent, legal guardian, grandparent, or sibling)
-Serious injury that directly restricts a guest’s ability to travel or a host’s ability to host.
-Significant natural disasters or severe weather incidents impacting the location of destination or location of departure
-Urgent travel restrictions or severe security advisories issued after the time of booking, by an appropriate national or international authority (such as a government office or department)
-Endemic disease declared by a credible national or international authority (such as the US Center for Disease Control or the World Health Organization)
-Travel Issues not directly or indirectly caused by You, the Buyer (act of omission, negligence, or actions
-Government-mandated obligations issued after the time of booking (ex: jury duty, court appearances, military or government assignments)
The above listed circumstances would require a claim to be submitted by the booking Buyer after the reservation has been canceled, no later than 14-days after the original check-in date and additional documentation validating the dispute may be required. Please refer to the Refund Policy Terms of the individual Seller’s websites.
8.A.8 Buyers are not charged any fees to conduct a transaction on The Havenery Club. The Havenery Club may choose to change any of our fees or services at any given time.
8.A.9 Buyers understand that any paid Non-Refundable Reservation Deposits are Non-Refundable. Sellers are not obligated to provide a refund to a paid Non-Refundable Reservation Deposit unless stated in their Listing or on their individual company websites.
9. Disputes with Other Users
9.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Through these Terms you release The Havenery Club (it’s parent company Sun*Kissed Designs and the subsidiaries The Sun*Kissed Designs/The Sun*Kissed Home/PHORT Architecture & Life and The Haverny Club’s owner, officers, directors, agents, subsidiaries, joint ventures, investors, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The Havenery Club encourages users to report escalated user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
9.2 Should you be unable to resolve the minor dispute between you and another user, we may step in to help resolve the dispute to benefit the marketplace community. If you would like us to get involved, please contact us. We will help in good faith based on our policies. However, we will not make judgments regarding legal issues or claims.
9.3 Whether you are a Buyer, or a Seller of a reservation/service, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request for. Such requests will be directed to your designated email address. If we are unable to get a response from you we may close the investigation or determine that the investigation has been resolved in favour of the other party.
9.4 Disputes as a Buyer
9.4.1 You may raise two types of disputes, one where the dispute is a 'Booking Dispute' and the seller is not responding to any of your attempts to communicate. The second type of dispute is considered a 'Travel Incident'.
Booking Dispute
A “Booking Dispute” means any one of the following:
(a) the Seller of the Accommodation (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Buyer with the reasonable ability to access the Accommodation (e.g. does not provide the keys and/or a security code initially or throughout the duration of the retreat reservation).
(b) the Listing’s description or depiction of the Accommodation is materially inaccurate with respect to:
the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),whether the booking for the Accommodation is for an entire home, private room or shared room, entire resort, or the stated and purchased accommodations for the retreat, and whether another party, including the Seller or an assigned Host, is staying at the Accommodation during the booking,
special amenities or features represented in the Listing are not provided or do not function, such as outdoor amenities and offered rental equipment, pools, the listed amenities, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or all things needed for cooking and preparing meals), and electrical, heating or air conditioning systems, necessary and requested studio rental equipment and supplies and materials offered in the reservation for Art/Music/Dance retreats and Music/Photography/Sewing studio rental space. or the physical location of the Accommodation.
(c) at the start of the Buyer’s booking, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Buyer’s stay at the Accommodation in The Havenery Club’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Buyer’s use, (iv) has vermin or contains pets not disclosed in the Listing, (v) does not in any way provide the perimeters or safety for reservations from Buyer’s and their retreat guests with special needs, impairments and/or for children with special needs and/or impairments .
Travel Incident
A “Travel Incident” means one of the following:
If there are any exceptional circumstances the Seller is obliged to contact the Buyer to inform them of any delays or inability to complete the transaction and reservation. Exceptional Circumstances may be considered as:
-Unexpected death or serious illness of a host, guest or their immediate family member (spouse/partner, child, parent, legal guardian, grandparent, or sibling)
-Serious injury that directly restricts a Buyer’s ability to travel or a Seller’s ability to host the site as offered.
-Significant natural disasters or severe weather incidents impacting the location of destination or location of departure.
-Urgent travel restrictions or severe security advisories issued after the time of booking, by an appropriate national or international authority (such as a government office or department).
-Endemic disease declared by a credible national or international authority (such as the US Center for Disease Control or the World Health Organization)
-Severe property damage or unforeseen maintenance issues that directly impact the ability to conduct the retreat safely
-Travel Issues not directly or indirectly caused by You, the Buyer (act of omission, negligence, or actions
-Government-mandated obligations issued after the time of booking (ex: appearances, military or government assignments)
The above listed circumstances would require a claim to be submitted by the booking Buyer after the reservation has been canceled, no later than 14-days after the original check-in date and additional documentation validating the dispute may be required. Please refer to our Refund Policy Terms of the individual Seller’s Websites.
9.4.2 You may pursue a report to us about the experience and pursue a report a transaction with the Seller or contact your card provider to pursue any chargeback options that may be available to you from your card provider. However, you may not pursue both options (pursue a refund with the Seller and contact your card provider to pursue any chargebacks) at the same time or seek double recovery in respect of the same transaction. If you raise a dispute with us and the Seller, and subsequently file a chargeback with your card provider, we will close your report.
9.4.3 If you have received a refund/exchange from the Seller, you may not report that transaction to your card provider for another refund/exchange.
9.4.4 If the nature of the dispute is a 'Travel Incident' we will ask the Buyer or Seller who cancelled the reservation to provide proof of the “Exceptional Circumstance” as verification. If the party that cancelled the reservation fails to do so, we will resolve the dispute in favour of the opposite party.
9.4.5 If the nature of the dispute is a “Booking Dispute”', and both parties cannot agree as to the difference between the retreat experience/service that was sold and what was described, we will make a fair decision based on all the information we hold about the retreat experience. We will exercise our decision-making authority based on numerous factors, which includes the description of the accommodation and any supporting images, initial retreat requests and approved services at the point of purchase, communications between you and the seller as well as any documentation provided. Our decision to halt marketing of the Seller’s Listing within The Havenery Club and all decisions made by us are final.
9.5 Disputes as a Seller
9.5.1 As a Seller, we encourage you to communicate actively with your Buyer especially if there are any Exceptional Circumstances and if they should result in a “Travel Incident” as soon as possible. We encourage you to be prompt in responding to your Buyers in order to avoid any unnecessary disputes and accommodating in any date changes should your booking calendar allow.
9.5.2 For 'Booking Disputes' we will contact you to request for proof of your accommodations for the retreat Buyer’s experience. The documentation must clearly show the reserved and requested dates, amenities, room choices, accommodation styles, add-ons and the approval of their requests and the nature of their retreat, including but not limited to privacy, accommodations for those on special diets, accommodations for those with impairments and accommodations for those with special needs or for those with children with special needs, and requested and/or pre-paid rental equipment, pre-paid and/or requested meals and additional services requested and/or pre-paid in advance. We will also request the booking receipt documenting buyer's approval of services, the reservation and requests and the booking date (as reflected on the sales receipt), all correspondence before, during and after booking the retreat in reference to the retreat along with the given waivers, insurance and documents signed. The documentation must be able to be tracked online showing the date the correspondence and subsequent approvals were sent and the official acceptance of the reservation by the Seller and by the Buyer. If both parties cannot agree as to the difference between the reservation experience/service that was sold and what was described, we will make a fair decision based on all the information we hold about the reservation. We will exercise our decision-making authority based on numerous factors, which includes the description of the reservation and correspondence at the point of purchase, communications between you and the Buyer as well as any documentation and images provided by both parties. All decisions made by us are final. These documents in addition to date stamped images of the property are the only evidence that we will accept as proof of your service, reservation, add-ons, accommodations and approval. If measures for this proof cannot be provided then we may resolve the dispute in favour of the Buyer. All decisions made by us are final.
9.5.3 For 'Travel Incident' disputes, we will ask the Buyer or Seller who cancelled the reservation to provide proof of the “Exceptional Circumstance” as verification. If the party that cancelled the reservation fails to do so, we will resolve the dispute in favour of the opposite party. We will make a fair decision based on all the information we hold about the “Exceptional Circumstance”. All decisions made by us are final.
9.5.4 If the Buyer attempts to pursue any chargeback options, we will close the dispute in order to prevent double recovery.
9.5.5 If the Buyer damages your retreat property during their reservation, we ask that you document the damage and communicate with the Buyer to resolve the damage. The Havenery Club does not offer any damage insurance or covered losses. We do, however, suggest that all Sellers incorporate a damage fee and waiver into their reservations which should include the property, rental equipment, and your facilities and should state your fees for damages. In the event of damage incurred in which your damage fees and policies are in place, The Havenery Club agrees to work with you in pursuit of the recovery of those damages from the liable guest. Though we do not guarantee or provide a financial recovery, we agree to provide all evidence given to us from the communications on the site to help our Members in the recovery of damages to their property in any legal proceedings.
10. Disputes with Us
10.1 If you would like to address an issue or concern with us, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:
10.1.1 Governing Law. The Havenery Club's local laws govern the Terms of Service. The local laws are dependent on the location of incorporation. These laws will then apply no matter where in the world you live.
10.1.2 You agree that any dispute or claim arising from the Terms will be settled by arbitration where possible. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class action disputes are not permitted. Any decisions made by the arbitrator will be deemed final.
10.1.3 By signing up to use our site, you are agreeing to revoke and release any privilege and/or desire to bring legal claim, judgment or lawsuit against The Havenery Club (including its parent company Sun*Kissed Designs and the subsidiaries The Sun*Kissed Designs/The Sun*Kissed Home/PHORT Architecture & Life and The Haverny Club’s owner, officers, directors, agents, subsidiaries, joint ventures, investors, and employees) and release The Havenery Club (including its parent company Sun*Kissed Designs and the subsidiaries The Sun*Kissed Designs/The Sun*Kissed Home/PHORT Architecture & Life and The Havenery Club’s owner, officers, directors, agents, subsidiaries, joint ventures, investors, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
10.1.4 By signing up for The Havenery Club you agree to receive correspondence about our promotions, updates, new products and services and correspondence about the site and The Havenery Club through email, phone and traditional mail.
11. Changes to the Terms
11.1 We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
11.2 We may revise the Terms of Service but the most current version will always be at this link.
11.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system or via a separate email.
11.4 The current version of the Terms of Service contains the only terms that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
12. Prohibited Items/ Services
The Havenery Club is a vetted and semi-curated retreat, accommodations, and travel experiences marketplace. However, for a variety of reasons we prohibit certain types of items from our marketplace. Some of these items present legal risks to our community.
It is the Seller's responsibility to ensure that their proposed retreat location and travel services comply with all laws and is allowed to be listed for sale in accordance to local laws' of the marketplace's incorporation and the jurisdiction of the Seller’s accommodations and services. For the Seller's convenience we have provided a non-exhaustive guideline on prohibited and restricted items that are not allowed for sale, distribution or experience at their retreat locations. We will update this guideline from time to time where necessary.
If an item/service is found to be in violation of this policy, we may subject the Seller to a range of adverse actions, including listing deletion, account suspension, account termination and legal action.
The following types of items are prohibited:
i. Individual Sales of only Alcohol on this site are not permitted
ii. Tobacco products, smokeable products, e-cigarettes and e-liquid
iii. Drugs and drug paraphernalia
iv. Medicine, medicinal instruments and items with objectionable medical claims. Listings are prohibited to make claims such as having a causal relationship between a substance and the prevention, cure or treatment of a disease or condition.
v. Live animals and insects
vi. Items made or derived from animals, including, but not limited to, endangered species and exotic animals
vii. Ivory or bones, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory from ivory-producing animals.
viii. Human beings, human remains, body parts and items made from human remains, except for hair
ix. Hazardous materials which are flammable, explosive, corrosive, radioactive material, poisonous or otherwise dangerous
x. Items or listings that promote, support or seek to engage users in illegal activity
xi. Items or listings that promote, support or glorify hatred and seek to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation
xii. Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks
xiii. Counterfeit items
xiv. Unauthorized resale of tickets
xv. Stolen or Illegal goods
xvi. Illegal services including and not limited to prostitution and child pornography and sex trafficking
xvii.Pornography and adult material and services including, but not limited to, pornographic books, magazines, videos and pictures
xviii.Used undergarments and intimate items
xix. Recalled items or items that present unreasonable risk of harm
xx. Mislabeled goods
xxi. Items or retreats marketed with a celebrity or non-celebrity likeness without their approval
And any other items illegal or restricted in the jurisdiction of the Buyer and/or the Seller or which otherwise encourage illegal or restricted activities. If you see a listing that violates our policies, please contact us.
13. Contact, feedback and complaints
If you need to contact us please click on “Contact Us” for our contact details. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
The Havenery Club Marketplace Privacy Policy
1. Introduction
1.1. Welcome to The Havenery Club. This policy is a part of our Terms of Service. By visiting the Site or using the Apps, you consent to our use of your personal information in the ways set out in this policy and in our Terms of Use. We take our responsibilities under applicable privacy laws and regulations ("Privacy Laws") seriously. We are committed to respecting the privacy rights and concerns of all Users of our Site.
1.2. We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. This Privacy Policy (“Privacy Policy” or “Policy”) is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us and/or we possess about you, whether now or in the future, as well as to assist you in making an informed decision before providing us with any of your personal data. If you have any questions regarding this information or our privacy practices, please contact us.
1.3. By using the Services, registering for an account with us, visiting our website, or accessing the Services, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to us collecting, using, disclosing and/or processing your personal data as described herein. We may revise this Privacy Policy but the most current version will always be at this link.
2. Information collected or received
2.1 To use our platform to transact, you will need to provide us with a valid email address, contact phone number, mailing address, and billing information for Traveler Accounts. Depending on the services you choose, we may collect additional information, for example: If you are a Seller, we will collect additional information such as payment information, contact number, legal company verification, and company address. Please note that for security and performance reasons, such content may need to be accessed by internal personnel from time to time.
2.2 Your Seller Company username is publicly displayed. Other people may see the date you joined; ratings, reviews and related photos for accommodations you are selling or have sold; your profile information; accommodations you listed for sale; your shop pages.
2.3 We use technologies such as cookies, clear gifs, log files and flash cookies for several purposes, including to help understand how you interact with our site and services, in order to provide a better experience. The information we collect may include, without limitation, your Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the characteristics of the mobile device, the address of a referring website (if any), and the pages you visit on our website and mobile applications and the times of visit.
2.4 We automatically receive and record information (for example: an email address or IP address, cookies, and data) about a person who is not yet registered in connection with certain features.
2.5 We may contact individual shop owners to confidentially request more information about their shops or accommodations listed on the Site, or to ensure compliance with our rules and applicable law.
2.6 When you connect to us or register an account using an external third-party application, such as Facebook using an application programming interface (API), or services, you will be granting us permission to receive information from these third-party applications. You can also choose to share some of your activity to certain social media networks which are connected to your account.
3. Uses and Sharing
3.1 We respect your privacy. We will not sell or disclose your name, email address or other personal information to third parties without your consent, except as specified in our Privacy Policy.
3.2 We generally use the information to provide and improve our services and products, for billing and payments, for identification and authentication, for targeted online and offline marketing, to contact members or interested parties, and for general research and aggregate reporting. For example, we could use your feedback to improve our services; we use data analytics and work with certain third-party service providers for targeted online and offline marketing; and of course, we use your email address to communicate with you. We also partner with service providers and other third parties that collect, use, promote, and analyse information about our marketplace. By providing your name and email address you are agreeing to receive marketing emails from us and can opt-out of marketing emails at any time.
3.3 As part of the buying and selling process, we will facilitate the sharing of information between the two users involved in the transaction, such as the other Buyer’s email address, shipping address, and payment information. By making a sale or a purchase as a member of The Havenery Club you are directing us to share your information in this way. We expect you to respect the privacy of the member whose information you received. Your ability to use this information extends to all marketplace related communication or for any transaction related communications. You have not been granted the ability to use the information for unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any user to your email or physical mailing list or misuse any user’s personal information.
3.4 We may use your information to contact you. Primarily, these messages are delivered by email, traditional mail, or by push notifications, and every account is required to keep a valid email address on file to receive messages. We may contact you by telephone to provide support or for transaction related purposes or to share marketing information about our Sellers. You are agreeing to these communications.
3.5 Some messages from us are service-related and required for users. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, and correspondence with the site. You may not opt out of receiving service-related messages from us, unless you close your account.
3.6 We may release your personal information to a third party in the following circumstances: to protect, establish, or exercise our legal rights or defend against legal claims or when that such disclosure is necessary to comply with the law, such as investigations into illegal activities.
3.7 We may share demographic information with business partners, but it will always be aggregated and anonymized, so personally-identifiable information is not revealed.
3.8 We share reviews, feedback and opinions of services and accommodations provided from Buyers in our marketing and by signing up to use the site, Buyers waive all requests for compensation for that information.
4. Community
4.1 We are both a marketplace and a community. We offer several features that allow users to communicate in public such as reviews or private means such as contacting the seller. Please use common sense and good judgment when posting or sharing your personal information with others. Be aware that any personal information you submit there can be read, collected, or used by others, or could be used to send you unsolicited messages. You are responsible for the personal information you choose to post. Do not attempt to close transactions off of the site by providing your email address to buyers or sellers without identifying yourself as a Member of The Havenery Club. This will result in the termination of your account.
5. Security
5.1 The security of your personal information is important to us. Your account information, depending on your account style, may be protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully, and keeping your password and computer secure, such as by signing out after using our services.
5.2 We encrypt sensitive information (such as credit card numbers) using secure socket layer technology (SSL) which it then handles by our payment processing partners. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Your payment information is safe even from us.
5.3 Unfortunately, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we can't guarantee its absolute security.
6. Data Retention
6.1 We will retain your information only for as long as is necessary and needed to provide you services. If you no longer want us to use your information to provide you services, you may close your account. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
7. Changing Data
7.1 As a user, you can access, correct, change, and delete certain personal information associated with your account, by visiting your account settings.
The Havenery Club Refund Policy
1. Application for Refunds
1.1 Subject to the terms and conditions in this Refund Policy and the Terms of Service, a Buyer may apply for a refund for a retreat reservation package purchased on The Havenery Club, only via the website of the Seller of which the services, retreats, travel experiences or accommodations were purchased through. The Havenery Club does not issue refunds for any services of the Sellers within The Havenery Club, nor does it accept any payments for such services.
1.2 Before you notify us of your intention to apply for a refund with the Seller, we encourage you to contact the Seller and try to resolve the dispute amicably, via their terms for refunds.
1.3 As a Buyer, you may apply for a refund in 2 cases. One, one where the dispute is a 'Booking Dispute' and the seller is not responding to any of your attempts to communicate. The second type of dispute is considered a 'Travel Incident'.
1.3.1 A “Booking Dispute” means any one of the following:
(a) the Seller of the Accommodation (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Buyer with the reasonable ability to access the Accommodation (e.g. does not provide the keys and/or a security code initially or throughout the duration of the retreat reservation).
(b) the Listing’s description or depiction of the Accommodation is materially inaccurate with respect to:
the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),whether the booking for the Accommodation is for an entire home, private room or shared room, entire resort, or the stated and purchased accommodations for the retreat, and whether another party, including the Seller on an assigned Host, is staying at the Accommodation during the booking,
special amenities or features represented in the Listing are not provided or do not function, such as outdoor amenities and offered rental equipment, pools, the listed amenities, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or all things needed for cooking and preparing meals), and electrical, heating or air condition systems, necessary and requested studio rental equipment and supplies and materials offered in the reservation for Art/Music/Dance retreats and Music/Photography/Sewing studio rental space. or the physical location of the Accommodation.
(c) at the start of the Buyer’s booking, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Buyer’s stay at the Accommodation in The Havenery Club’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Buyer’s use, (iv) has vermin or contains pets not disclosed in the Listing, (v) does not in any way provide the perimeters or safety for reservations from Buyer’s and their retreat guests with special needs, impairments and/or for children with special needs and their impairments .
1.3.2 Travel Incident
A “Travel Incident” means one of the following:
If there are any exceptional circumstances the seller is obliged to contact the Buyer to inform them of any delays or inability to complete the transaction and reservation. Exceptional Circumstances may be considered as:
-Unexpected death or serious illness of a host, guest or their immediate family member (spouse/partner, child, parent, legal guardian, grandparent, or sibling)
-Serious injury that directly restricts a Buyer’s ability to travel or a Seller’s ability to host the site as offered.
-Significant natural disasters or severe weather incidents impacting the location of destination or location of departure.
-Urgent travel restrictions or severe security advisories issued after the time of booking, by an appropriate national or international authority (such as a government office or department).
-Endemic disease declared by a credible national or international authority (such as the US Center for Disease Control or the World Health Organization)
-Severe property damage or unforeseen maintenance issues that directly impact the ability to conduct the retreat safely
-Travel Issues not directly or indirectly caused by You, the Buyer (act of omission, negligence, or actions
-Government-mandated obligations issued after the time of booking (ex: appearances, military or government assignments)
The above listed circumstances would require a claim to be submitted by the booking Buyer after the reservation has been canceled, no later than 14-days after the original check-in date and additional documentation validating the dispute may be required.
1.4 Buyer may not apply for refund due to a change of mind, unfavorable weather, disputes that arise between members of your retreat group, or any other reason that has nothing to do with the Seller, their accommodations, their offered and stated services or reasons categorized as “Travel Incident” or “Booking Dispute”. Seller’s have their own Terms and Conditions for their Refund Policy and The Havenery Club supports their individual Terms and Conditions.
2. Disputes
2.1 As a Buyer
2.1.1 You may pursue a report about a transaction or contact your card provider to pursue any chargeback options that may be available to you from your card provider. However, you may not pursue both options at the same time or seek double recovery in respect of the same transaction. If you raise a dispute with the Seller and subsequently file a chargeback with your card provider, we will close your report.
2.1.2 If you have received a refund/exchange from the Seller, you may not report that transaction with your bank for another refund/exchange.
2.1.3 If the nature of the dispute is a 'Travel Incident' we will ask the Buyer or Seller who cancelled the reservation to provide proof of the “Exceptional Circumstance” as verification. If the party that cancelled the reservation fails to do so, we will resolve the dispute in favour of the opposite party.
2.1.4 If the nature of the dispute is a “Booking Dispute”', and both parties cannot agree as to the difference between the retreat experience/service that was sold and what was described, we will make a fair decision based on all the information we hold about the retreat experience. We will exercise our decision-making authority based on numerous factors, which include the description of the accommodation and any supporting images, initial retreat requests and approved services at the point of purchase, communications between you and the seller as well as any documentation provided. All decisions made by us regarding a Seller remaining within The Havenery Club, are final.
2.2 Disputes as a Seller
2.2.1 As a Seller, we encourage you to communicate actively with your Buyer especially if there are any Exceptional Circumstances and if they should result in a “Travel Incident” as soon as possible. We encourage you to be prompt in responding to your Buyers in order to avoid any unnecessary disputes and accommodating in any date changes should your booking calendar allow.
2.2.2 For 'Booking Disputes' we will contact you to request for proof of your accommodations for the retreat Buyer’s experience. The documentation must clearly show the reserved and requested dates, amenities, room choices, accommodation styles, add-ons and the approval of their requests and the nature of their retreat, including but not limited to privacy, accommodations for those on special diets, accommodations for those with impairments and accommodations for those with special needs or for those with children with special needs, and requested and/or prepaid rental equipment, pre-paid and/or requested meals and additional services requested and/or pre-paid in advance. We will also request the booking receipt documenting buyer's approval of services, the reservation and requests and the booking date (as reflected on the sales receipt), all correspondence before, during and after booking the retreat in reference to the retreat along with the given waivers, insurance and documents signed. The documentation must be able to be tracked online showing the date the correspondence and subsequent approvals were sent and the official acceptance of the reservation by the Seller and by the Buyer. If both parties cannot agree as to the difference between the reservation experience/service that was sold and what was described, we will make a fair decision based on all the information we hold about the reservation. We will exercise our decision-making authority based on numerous factors, which include the description of the reservation and correspondence at the point of purchase, communications between you and the Buyer as well as any documentation and images provided by both parties. All decisions made by us are final. These documents in addition to date stamped images of the property are the only evidence that we will accept as proof of your service, reservation, add-ons, accommodations and approval. If measures for this proof cannot be provided then we may resolve the dispute in favour of the Buyer. All decisions made by us are final.
2.2.3 For 'Travel Incident' disputes, we will ask the Buyer or Seller who cancelled the reservation to provide proof of the “Exceptional Circumstance” as verification. If the party that cancelled the reservation fails to do so, we will resolve the dispute in favour of the opposite party. We will make a fair decision based on all the information we hold about the “Exceptional Circumstance”. All decisions made by us are final.
2.2.4 If the Buyer attempts to pursue any chargeback options, we will close the dispute in order to prevent double recovery.
2.2.5 If the Buyer damages your retreat property during their reservation, we ask that you document the damage and communicate with the Buyer to resolve the damage. The Havenery Club does not offer any damage insurance or covered losses. We do, however, suggest that all Sellers incorporate a damage fee and waiver into their reservations which should include the property, rental equipment, and your facilities and should state your fees for damages. In the event of damage incurred in which your damage fees and policies are in place, The Havenery Club agrees to work with you in pursuit of the recovery of those damages from the liable guest. Though we do not guarantee or provide a financial recovery, we agree to provide all evidence given to us from the communications on the site to help our Members in the recovery of damages to their property in any legal proceedings.
3. Refunds
3.1 We will do our best to facilitate the refund from the Seller. If the Seller refuses to comply or has taken an unreasonable amount of time (more than 2 weeks) to do the refund, we encourage our Buyers to employ the chargeback option. If you need help with this, please contact us. Any Security Deposits paid are Non-Refundable unless otherwise stated from the Seller’s individual Terms and Conditions!
3.2 If you are a Seller and a Buyer has pursued a refund via their chargeback option, you agree to pay Us any applicable fees associated with your current membership. Our membership fee from you is Non-Refundable.
TERMS AND CONDITIONS FOR BRAND MEMBERS
The Havenery Club Marketplace Terms of Service:
Welcome to The Havenery Club! We operate a social marketplace which allows you to discover and buy retreat rental accommodations, travel experiences, and retreats using our website. Have a good time, and remember our house rules!
1. Introduction
1.1 Welcome to the The Havenery Club platform (the 'Site'). We'll refer to our website and other services as our "Services", and The Havenery Club will be addressed individually or collectively as "The Havenery Club", "we", "us", or "our". Please read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you'll be agreeing to our Terms. The Terms are here for you, so that you are aware of your legal rights when using our services.
1.2 This document and any documents referred to within it will collectively make up the 'Terms of Service'. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1.3 Our "Services" include (a) the site, (b) the services provided by the site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted by Users using our Services will be "Your Content". Your Content includes your usernames, shop names, profile pictures, listing photos, listing description, reviews, comments, videos, pricing structure etc.
1.4 Our services include an online platform service that provides a place and opportunity for the sale of space or other accommodations for retreat use (both overnight and non-overnight), and/or an actual retreats and travel experiences within the property owned and operated by Sellers, or services between the Buyer/Retreat Seeker/Retreat Guests Booked ("Buyer") and the Seller/Retreat/Travel Brand or Retreat Space Lister, Haven ("Seller"), collectively known as "Users", "Members" or "Parties". The actual contract for a sale is directly between the Buyer and the Seller. We are not a party to that contract or any other contract between Buyer and Seller. The Havenery Club (nor its Parent Company "Sun*Kissed Designs") , does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings (accommodation, retreat package, or space for rent) or Retreat Services (retreat services, travel experiences services/adventures/excursions/classes, add-ons or custom requests) to any Member, Buyer or Seller, of The Havenery Club, unless expressly stated within the Listing. The Havenery Club is not a real estate broker or insurer. The Havenery Club is not acting as an agent in any capacity for any Member, except as providing the service on the site of payment collection, payments and payouts. The Havenery Club acts as a Travel Club and Membership Marketplace and a payment collection agent solely for the limited purpose of accepting fees from Members joining The Havenery Club for the intention of purchasing reservations for retreat packages or retreat rental space. travel experiences and additional add-on services on The Havenery Club. Parties to the transaction will be entirely responsible for the sales contract between them in accordance to the listing of goods, accommodations, warranty of purchase and the like. The Havenery Club has no control over the quality, safety, morality or legality of any aspect of the locations listed or services offered, the truth or accuracy of the listings, the ability of Sellers to sell reservations or the ability of Buyers to pay for items. The Havenery Club does not pre-screen users or the content or information provided by users. The Havenery Club cannot guarantee that a Buyer or Seller will actually complete a transaction. In no way does The Havenery Club transfer legal ownership of property, accommodations or items from the Seller to the Buyer. The Havenery Club can not ensure the true identity, age, and nationality of a user. The Havenery Club is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on The Havenery Club. As such, We accept no obligations in connection to these contracts. However, if you have problems with your order, we may step in to help (refer to section 10).
1.5 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose a limit on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability.
1.6 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason. We have a strict policy preventing "Closing Sales Off Of The Marketplace" either at your own site, offline or on the site of a third-party. To encourage a Buyer revoke or prevent their membership in The Havenery Club in order to reserve accommodations off of the marketplace, is a breach of service and will result in the termination and banning of the initiating party and/or the agreeing party.
1.7 The Sellers of the site are Independent Contractors and in are in no way a formed agency, contract, employment status, partnership, joint venture, or franchiser and franchisee arrangement nor agreement due to their membership on this site or by this Agreement.
2. Privacy
2.1 We know your personal information is important to you, so it's important to us. Our Privacy policy details how your information is used when you use our Services. When using our Services or providing information on the site, you consent to Our collection, use, disclosure, and processing of Your Content and personal data as described in the Privacy Policy.
2.2 Users in possession of another User's personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.
2.3 We require that all personal data of children under the age of 18, be held in the strictest confidence unless required by law to be disclosed.
3. Your Account
3.1 You'll need to create an account with Us to use some of our Services. Here are a few rules about accounts with Us:
3.1.1 You must be 18 or older to use our Service. Otherwise you may only use our Services under the supervision of a parent or legal guardian. All of Our services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Individuals under the age of 18 who will be apart of a retreat must at all times use The Havenery Club’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
3.1.2 Be honest with us, and provide accurate information about yourself. It's not OK to use false information or impersonate another person or company through your account.
3.1.3 You are responsible for your account. You're solely responsible for any activity on your account. The person's name on the account will be ultimately be responsible for all activity. If you're registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, You may not transfer or sell your account on The Havenery Club and User ID to another party, nor use your account in conjunction with another party.
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3.1.4 As we've mentioned above, you're solely responsible for any activity on your account, so remember to keep your login and password secure and email address up-to-date. You agree to immediately notify The Havenery Club of any unauthorized use of your password or any breach of security. The Havenery Club is not liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than The Havenery Club without express written permission from The Havenery Club.
4. Limited License
4.1 We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of The Havenery Club and where applicable, third parties proprietors identified in the Site. You agree not to copy, distribute, re-publish, mirror, frame or create derivative works without our prior written consent.
5. Your Content
5.1 Content that you post using our Services is your content. This includes usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, video, damage waivers, liability waivers etc.
5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you're not infringing or violating any third party's rights by posting it.
5.1.2 Posting Your Content through our Services, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership to Your Content, but we have your permission to use it to help us function and grow.
5.1.3 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If your Content infringes another person's intellectual property, we will remove it if we receive proper notice.
5.1.4 You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar, racist, discriminatory or otherwise offensive or in violation of our Prohibited Items/Services section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.
5.1.5 You agree that the actual accommodations that you are listing as for retreat bookings and reservations, is legally your possession and that you are the owner and not that of a third party. For condo owners and house owners, you agree that you have the permission of your HOA or Condo Association to list your accommodations on our site.
6. Your Use of Our Services
6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection without your use of the Services. This includes any local, state, federal and international laws that may apply to you.
6.2 You are responsible for paying all fees that you owe to us. You are also solely responsible for collection and/or paying any applicable taxes for any reservations, purchases or sales you make through our Services.
6.3 You agree not to attempt to obtain source code of the services. You agree to not interfere with or disrupt/harm our services.
6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.
6.5 If you believe a User on our Site is violating these terms, please contact us at chantelfrancina@thehavenery.club.
7. Purchase and Payment
7.1 Currently we only support Credit Card payments. These payments are processed through the third-party payment channel PayPal and incur additional charges based on your location. We reserve the right to change the payment channel and supported payments at any time.
7.2 All sales on the platform are binding. The Seller is obligated to complete the transaction with the Buyer in a prompt manner unless an exceptional circumstance arises.
7.3 All Seller Membership Packages, Seller Marketing & Branding Packages, and VIP Seller Membership Packages are final sale and non-refundable. They are separately invoiced outside of the site and are non-transferable. All discounted VIP Seller Membership Packages are renewed on their annual date at the Current VIP Package rate for that time with the option to downgrade or opt out.
7.4 All fees and prices are stated in US Dollars USD.
7.5 As Independent Contractors, all Sellers on The Havenery Club are responsible for paying their own state, local and federal taxes from payments and reservations received.
8. Seller Payments Accepted
8.1 The seller of any reservation/product/service will charge Travel Members of The Havenery Club in US Dollars for any reservations or services received on their site.
8.2 Sellers agree to provide and maintain up-to-date payment information and contact information to ensure payment charge procedures.
8.4 Sellers agree to accept only US Dollars USD for all transactions and to remit any refunds also in US Dollars USD.
8.5 Sellers agree to pay all membership fees in full to maintain their membership within The Havenery Club.
8.A Seller Verification For Non-Profit Organization Listing and Memberships
8.A.1 The Non-Profit seller of any reservation/product/service must provide legal documentation of the Business entity's status of being a Non-Profit Organization from their country of origin. Non-Profit Account status on The Havenery Club includes but is not limited to, a 501-C 3 Determination Letter from the IRS and your EIN that substantiates your non-profit status with the US IRS, and the International Equivalent for businesses and entities outside of the USA. This proof will need to be a document from the IRS (US) or the National Tax filing agency for your country of origin before any accounts are issued, and be shown on official federal letterhead. All Documents are will be verified for their validity before a business is labeled a Non-Profit Organization on The Havenery Club.
8.A.2 All documentation and information must remain up to date in our filing systems. It is the responsibility of the Non-Profit Organization to submit all changes when they occur.
8.A.3 If at anytime a Non-Profit Organization changes their filing status to a For Profit Business Entity, the status on The Havenery Club changes to a standard account and the renewal membership will be charged at the standard account rate of the renewal year.
8.A.4 All Non-Profit Organizations on The Havenery Club are subject to the same terms and conditions regarding refunds, service policies, Seller Responsibilities, Exceptional Circumstances, Booking Disputes, Travel Incidents, VIP Membership Tiers and their fees, and all aspects of our Terms and Conditions. Our acknowledgement of a Non-Profit Organization does not in any way state that we side with Non-Profits in the event of a dispute with a Buyer, nor that we will refund any other charges, fees, transactions, legal fees or any other money for any other reason. This is simple a charitable account status and nothing more.
8.A.5 Any Seller found in violation of stating the truth of their legal Business Status and who in any way attempts to a discounted Seller Membership, will be held as legally accountable for all Seller Membership Fees that were discounted, all punitive and financial damages in supplying any discounts and will be liable for all payments and funds both paid and loss. We reserve the right to prosecute to the full extent of the law, report and file with Federal Agencies, file all applicable lawsuits and to terminate and ban the offending account from The Havenery Club.
9. Seller's Responsibilities
9.1 Sellers will properly manage and ensure that relevant information is listed and all documents are created in the English language including the price, the images, the location, and the details of reservation sites, damage waivers and liability waivers, and accommodations along with add-on options, and date availability of their location and will not post inaccurate or misleading information. Seller will provide clean accommodations with proper access to the booked listing and represent the listing accurately in room count, location and promised amenities. Sellers agree to only post one accommodation per listing and clearly state their price person, per night. Sellers agree to provide accurate information about their Vacation Experiences and Vacation Professional Services in full detail and with complete accuracy. Sellers agree to post accessibly on their own website, their own Terms and Conditions and Privacy Policies, and Refund Policies in place for all interested parties to see clearly before, during, and after booking, purchasing and experiencing their accommodations, retreats, experiences, and services.
9.1.1 Sellers will not have non-disclosed pets or animals onsite, nor undisclosed persons on site.
9.2 The pricing of reservations/services for sale are determined by the Seller at his/her own discretion. The price of a reservation and additional "add-on" option charges will include any additional charges such as sales tax, value-added tax, tariffs etc. Sellers will not charge Buyer such amounts additionally and separately.
9.3 Sellers are obligated to have the accommodations and any add-on services as described, made available, in a prompt manner, unless there is an exceptional circumstance. If there are any exceptional circumstances the Seller is obligated to contact the Buyer to inform them of any delays or inability to complete the transaction and reservation. Exceptional Circumstances may be considered as:
-Unexpected death or serious illness of a host, guest or their immediate family member (spouse/partner, child, parent, legal guardian, grandparent, or sibling)
-Serious injury that directly restricts a guest’s ability to travel or a host’s ability to host.
-Significant natural disasters or severe weather incidents impacting the location of destination or location of departure
-Urgent travel restrictions or severe security advisories issued after the time of booking, by an appropriate national or international authority (such as a government office or department)
-Endemic disease declared by a credible national or international authority (such as the US Center for Disease Control or the World Health Organization)
-Severe property damage or unforeseen maintenance issues that directly impact the ability to host safely
-Government-mandated obligations issued after the time of booking (ex: jury duty, court appearances, military or government assignments)
The above listed circumstances would require a claim to be submitted after the reservation has been canceled, no later than 14-days after the original check-in date and additional documentation validating the dispute may be required. Please refer to our Refund Policy Terms.
9.4 Sellers will issue additional receipts, credit card slips or tax invoices to Buyer on request.
9.5 Sellers are required to have liability waivers and full disclosure documents in place for the retreats and locations, fully stating any risks that a Buyer has in participating in your retreat package, add-on service, adventure tour, outdoor excursions, food retreat, dance or fitness retreat, and the general experience of your retreat, including those not listed.
9.6 Sellers are obligated to operate a location of inclusion, removing discrimination of all kinds towards Buyers interested in their listings and Buyers who have already closed their transactions.
9.7 All retreats must be listed in an appropriate category. Each listing must accurately and completely describe the retreat or event/events for sale in that listing. Sellers are not permitted to falsify listing information in order to be in more than one category. For listings that represent more than one category, choose the dominant category and use keywords to describe your other listings along with the amenities and retreat styles. Additionally, contact us so that we can be sure to note your location for multiple places during our marketing.
9.8 Sellers agree to require guests under 18 to be accompanied by a parent or legal guardian for the entire duration of their retreat experience.
9.9 Sellers agree that their set terms for reservations, cancellations and deposits will not conflict with these Terms.
9.10 Sellers are obligated to have the proper and applicable permits, licenses, registrations, certifications and insurance to legally operate and sell their retreat space, accommodations, and retreat services and packages., travel experiences, and vacation professional services.
9.11 Sellers agree to disclose any applicable Non-Refundable Reservation Deposits on reservations before a reservation is booked. No additional Non-Refundable Reservation Deposits can be charged after a booking.
9.12 Sellers agree that all Non-Refundable Reservation Deposits are Non-Refundable unless otherwise stated within your Retreat Listing. Any membership fees that we collect from you remain Non-Refundable.
9.13 Sellers are required to close all transactions with The Havenery Club Travel Members, through The Havenery Club with their Travel Member ID and phone number, on their own site and must document any additional /invoicing/payment upon arrival or departure or offline from The Havenery Club with booked The Havenery Club Travel Members to provide the services purchased from their experience with your brand, as a member.
9.14 Sellers agree to offer Travel Members of The Havenery Club an exclusive base deal, offer, or discount as an incentive based on their membership. Additional deals, offers, discounts, and incentives can be offered at any time for our Travel Members of The Havenery Club!
9.A Buyer's Responsibilities
9.A.1 Buyers will honestly give information about their retreat group guests and proposed activities, including the age of guests, their ability to perform any adventure retreats, and their medical condition if applicable. Buyers will not provide inaccurate or misleading information about their guests and the nature of the reason for accommodations.
9.A.2 The pricing of reservations/services for sale are determined by the Seller at his/her own discretion. The price of any reservation and additional "add-on" option charges will include any additional charges such as sales tax, value-added tax, tariffs etc. Buyers agree to pay the determined reservation price including all applicable fees, taxes, and add-on fees in full at the time of booking.
9.A.3 Buyers are obligated to inform Sellers of any delays or inability to complete the transaction and reservation. Buyers agree to comply with the pricing and refund policies set forth by the Sellers’ listings.
9.A.4 Buyers will retain additional receipts, credit card slips or tax invoices from Sellers on request.
9.A.5 Buyers agree to vacate the property at the predetermined date of their reservations. Guests who overstay the accommodations without prior payment and approval or refuse to vacate a location at the end of their reservation, are subject to the charge and collection of all additional reservation day rates set by the accommodations, as well as all late fees and additional fees applicable to recover and costs and expenses in recovering the overstay fees.
9.A.6 You authorize The Havenery Club to charge your Payment Method the Total Fees for any membership requested in connection with your The Havenery Club Member Account. The Havenery Club will collect the Total Fees from the credit card source you have provided within your membership account on The Havenery Club Marketplace Platform.
9.A.7 Buyers agree to complete and fulfill the retreat reservation with the exception of Exceptional Circumstances. If there are any exceptional circumstances the Buyer is obliged to contact the Seller to inform them of any delays or inability to complete the transaction and reservation. Exceptional Circumstances may be considered as:
-Unexpected death or serious illness of a host, guest or their immediate family member (spouse/partner, child, parent, legal guardian, grandparent, or sibling)
-Serious injury that directly restricts a guest’s ability to travel or a host’s ability to host.
-Significant natural disasters or severe weather incidents impacting the location of destination or location of departure
-Urgent travel restrictions or severe security advisories issued after the time of booking, by an appropriate national or international authority (such as a government office or department)
-Endemic disease declared by a credible national or international authority (such as the US Center for Disease Control or the World Health Organization)
-Travel Issues not directly or indirectly caused by You, the Buyer (act of omission, negligence, or actions
-Government-mandated obligations issued after the time of booking (ex: jury duty, court appearances, military or government assignments)
The above listed circumstances would require a claim to be submitted by the booking Buyer after the reservation has been canceled, no later than 14-days after the original check-in date and additional documentation validating the dispute may be required. Please refer to our Refund Policy Terms.
9.A.8 Buyers are not charged any fees to conduct a transaction on The Havenery Club. The Havenery Club may chose to change any of our fees or services at any given time.
9.A.9 Buyers understand that any paid Non-Refundable Reservation Deposits are Non-Refundable. Sellers are not obligated to provide a refund to a paid Non-Refundable Reservation Deposit unless stated in their Listing.
10. Disputes with Other Users
10.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Through these Terms you release The Havenery Club (it’s parent company Sun*Kissed Designs and the subsidiaries The Sun*Kissed Designs/The Sun*Kissed Home/PHORT Architecture & Life and The Havenery Club’s owner, officers, directors, agents, subsidiaries, joint ventures, investors, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The Havenery Club encourages users to report escalated user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
10.2 Should you be unable to resolve the minor dispute between you and another user, we may step in to help resolve the dispute to benefit the marketplace community. If you would like us to get involved, please contact us. We will help in good faith based on our policies. However, we will not make judgments regarding legal issues or claims.
10.3 Whether you are a Buyer, or a Seller of a reservation/service, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request for. Such requests will be directed to your designated email address. If we are unable to get a response from you we may close the investigation or determine that the investigation has been resolved in favour of the other party.
10.4 Disputes as a Buyer
10.4.1 You may raise two types of disputes, one where the dispute is a 'Booking Dispute' and the seller is not responding to any of your attempts to communicate. The second type of dispute is considered a 'Travel Incident'.
Booking Dispute
A “Booking Dispute” means any one of the following:
(a) the Seller of the Accommodation (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the Buyer with the reasonable ability to access the Accommodation (e.g. does not provide the keys and/or a security code initially or throughout the duration of the retreat reservation).
(b) the Listing’s description or depiction of the Accommodation is materially inaccurate with respect to:
the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),whether the booking for the Accommodation is for an entire home, private room or shared room, entire resort, or the stated and purchased accommodations for the retreat, and whether another party, including the Seller or an assigned Host, is staying at the Accommodation during the booking,
special amenities or features represented in the Listing are not provided or do not function, such as outdoor amenities and offered rental equipment, pools, the listed amenities, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or all things needed for cooking and preparing meals), and electrical, heating or air condition systems, necessary and requested studio rental equipment and supplies and materials offered in the reservation for Art/Music/Dance retreats and Music/Photography/Sewing studio rental space. or the physical location of the Accommodation.
(c) at the start of the Buyer’s booking, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Buyer’s stay at the Accommodation in The Havenery Club’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Buyer’s use, (iv) has vermin or contains pets not disclosed in the Listing, (v) does not in any way provide the perimeters or safety for reservations from Buyer’s and their retreat guests with special needs, impairments and/or for children with special needs and/or impairments.
Travel Incident
A “Travel Incident” means one of the following:
If there are any exceptional circumstance the Seller is obliged to contact the Buyer to inform them of any delays or inability to complete the transaction and reservation. Exceptional Circumstances may be considered as:
-Unexpected death or serious illness of a host, guest or their immediate family member (spouse/partner, child, parent, legal guardian, grandparent, or sibling)
-Serious injury that directly restricts a Buyer’s ability to travel or a Seller’s ability to host the site as offered.
-Significant natural disasters or severe weather incidents impacting the location of destination or location of departure.
-Urgent travel restrictions or severe security advisories issued after the time of booking, by an appropriate national or international authority (such as a government office or department).
-Endemic disease declared by a credible national or international authority (such as the US Center for Disease Control or the World Health Organization)
-Severe property damage or unforeseen maintenance issues that directly impact the ability to conduct the retreat safely
-Travel Issues not directly or indirectly caused by You, the Buyer (act of omission, negligence, or actions
-Government-mandated obligations issued after the time of booking (ex: appearances, military or government assignments)
The above listed circumstances would require a claim to be submitted by the booking Buyer after the reservation has been canceled, no later than 14-days after the original check-in date and additional documentation validating the dispute may be required. Please refer to our Refund Policy Terms.
10.4.2 You may pursue a report to us about the experience and pursue a report a transaction with the Seller or contact your card provider to pursue any chargeback options that may be available to you from your card provider. However, you may not pursue both options (pursue a refund with the Seller and contact your card provider to pursue any chargebacks) at the same time or seek double recovery in respect of the same transaction. If you raise a dispute with us and the Seller, and subsequently file a chargeback with your card provider, we will close your report.
10.4.3 If you have received a refund/exchange from the Seller, you may not report that transaction to your card provider for another refund/exchange.
10.4.4 If the nature of the dispute is a 'Travel Incident' we will ask the Buyer or Seller who cancelled the reservation to provide proof of the “Exceptional Circumstance” as verification. If the party that cancelled the reservation fails to do so, we will resolve the dispute in favour of the opposite party.
10.4.5 If the nature of the dispute is a “Booking Dispute”', and both parties cannot agree as to the difference between the retreat experience/service that was sold and what was described, we will make a fair decision based on all the information we hold about the retreat experience. We will exercise our decision-making authority based on numerous factors, which include the description of the accommodation and any supporting images, initial retreat requests and approved services at the point of purchase, communications between you and the seller as well as any documentation provided. Our decision to halt marketing of the Seller’s Listing within The Havenery Club and all decisions made by us are final.
10.5 Disputes as a Seller
10.5.1 As a Seller, we encourage you to communicate actively with your Buyer especially if there are any Exceptional Circumstances and if they should result in a “Travel Incident” as soon as possible. We encourage you to be prompt in responding to your Buyers in order to avoid any unnecessary disputes and accommodating in any date changes should your booking calendar allow.
10.5.2 For 'Booking Disputes' we will contact you to request for proof of your accommodations for the retreat Buyer’s experience. The documentation must clearly show the reserved and requested dates, amenities, room choices, accommodation styles, add-ons and the approval of their requests and the nature of their retreat, including but not limited to privacy, accommodations for those on special diets, accommodations for those with impairments and accommodations for those with special needs or for those with children with special needs, and requested and/or pre-paid rental equipment, pre-paid and/or requested meals and additional services requested and/or pre-paid in advance. We will also request the booking receipt documenting buyer's approval of services, the reservation and requests and the booking date (as reflected on the sales receipt), all correspondence before, during and after booking the retreat in reference to the retreat along with the given waivers, insurance and documents signed. The documentation must be able to be tracked online showing the date the correspondence and subsequent approvals were sent and the official acceptance of the reservation by the Seller and by the Buyer. If both parties cannot agree as to the difference between the reservation experience/service that was sold and what was described, we will make a fair decision based on all the information we hold about the reservation. We will exercise our decision-making authority based on numerous factors, which include the description of the reservation and correspondence at the point of purchase, communications between you and the Buyer as well as any documentation and images provided by both parties. All decisions made by us are final. These documents in addition to date stamped images of the property are the only evidence that we will accept as proof of your service, reservation, add-ons, accommodations and approval. If measures for this proof cannot be provided then we may resolve the dispute in favour of the Buyer. All decisions made by us are finalOur decision to halt marketing of the Seller’s Listing within The Havenery Club and all decisions made by us are final.
10.5.3 For 'Travel Incident' disputes, we will ask the Buyer or Seller who cancelled the reservation to provide proof of the “Exceptional Circumstance” as verification. If the party that cancelled the reservation fails to do so, we will resolve the dispute in favour of the opposite party. We will make a fair decision based on all the information we hold about the “Exceptional Circumstance”. All decisions made by us are final.
10.5.4 If the Buyer attempts to pursue any chargeback options, we will close the dispute in order to prevent double recovery.
10.5.5 If the Buyer damages your retreat property during their reservation, we ask that you document the damage and communicate with the Buyer to resolve the damage. The Havenery Club does not offer any damage insurance or covered losses. We do, however, suggest that all Sellers incorporate a damage fee and waiver into their reservations which should include the property, rental equipment, and your facilities and should state your fees for damages. In the event of damage incurred in which your damage fees and policies are in place, The Havenery Club agrees to work with you in pursuit of the recovery of those damages from the liable guest. Though we do not guarantee or provide a financial recovery, we agree to provide all evidence given to us from the communications on the site to help our Members in the recovery of damages to their property in any legal proceedings.
11. Disputes with Us
11.1 If you would like to address an issue or concern with us, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:
11.1.1 Governing Law. The Havenery Club's local laws govern the Terms of Service. The local laws are dependent on the location of incorporation. These laws will then apply no matter where in the world you live.
11.1.2 You agree that any dispute or claim arising from the Terms will be settled by arbitration where possible. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. Any decisions made by the arbitrator will be deemed final.
11.1.3 By signing up to use our site, you are agreeing to revoke and release any privilege and/or desire to bring legal claim, judgment or lawsuit against The Havenery Club (including its parent company Sun*Kissed Designs and the subsidiaries The Sun*Kissed Designs/The Sun*Kissed Home/PHORT Architecture & Life and The Haverny Club’s owner, officers, directors, agents, subsidiaries, joint ventures, investors, and employees) and release The Havenery Club (including its parent company Sun*Kissed Designs and the subsidiaries The Sun*Kissed Designs/The Sun*Kissed Home/PHORT Architecture & Life and The Havenery Club’s owner, officers, directors, agents, subsidiaries, joint ventures, investors, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
11.1.4 By signing up for The Havenery Club you agree to receive correspondence about our promotions, updates, new products and services and correspondence about the site and The Havenery Club through email, phone and traditional mail.
12. Changes to the Terms
12.1 We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
12.2 We may revise the Terms of Service but the most current version will always be at this link.
12.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system or via a separate email.
12.4 The current version of the Terms of Service contains the only terms that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
13. Prohibited Items/ Services
The Havenery Club is not a curated marketplace. However, for a variety of reasons we prohibit certain types of items from our marketplace. Some of these items present legal risks to our community.
It is the Seller's responsibility to ensure that their proposed retreat location complies with all laws and is allowed to be listed for sale in accordance to local laws' of the marketplace's incorporation. For Seller's convenience we have provided a non-exhaustive guideline on prohibited and restricted items that are not allowed for sale, distribution or experience at their retreat locations. We will update this guideline from time to time where necessary.
If an item/service is found to be in violation of this policy, we may subject the Seller to a range of adverse actions, including listing deletion, account suspension, account termination and legal action.
The following types of items are prohibited:
i. Individual Sales of only Alcohol on this site are not permitted
ii. Tobacco products, smokeable products, e-cigarettes and e-liquid
iii. Drugs and drug paraphernalia
iv. Medicine, medicinal instruments and items with objectionable medical claims. Listings are prohibited to make claims such as having a causal relationship between a substance and the prevention, cure or treatment of a disease or condition.
v. Live animals and insects
vi. Items made or derived from animals, including, but not limited to, endangered species and exotic animals
vii. Ivory or bones, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory from ivory-producing animals.
viii. Human beings, human remains, body parts and items made from human remains, except for hair
ix. Hazardous materials which are flammable, explosive, corrosive, radioactive material, poisonous or otherwise dangerous
x. Items or listings that promote, support or seek to engage users in illegal activity
xi. Items or listings that promote, support or glorify hatred and seek to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation
xii. Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks
xiii. Counterfeit items
xiv. Unauthorized resale of tickets
xv. Stolen or Illegal goods
xvi. Illegal services including and not limited to prostitution and child pornography and sex trafficking
xvii.Pornography and adult material and services including, but not limited to, pornographic books, magazines, videos and pictures
xviii.Used undergarments and intimate items
xix. Recalled items or items that present unreasonable risk of harm
xx. Mislabeled goods
xxi. Items or retreats marketed with a celebrity or non-celebrity likeness without their approval
And any other items illegal or restricted in the jurisdiction of the Buyer and/or the Seller or which otherwise encourage illegal or restricted activities.
If you see a listing that violates our policies, please contact us.
14. Contact, feedback and complaints
If you need to contact us please click on contact us for our contact details. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
The Havenery Club Marketplace Privacy Policy
1. Introduction
1.1. Welcome to The Havenery Club. This policy is a part of our Terms of Service. By visiting the Site or using the Apps, you consent to our use of your personal information in the ways set out in this policy and in our Terms of Use. We take our responsibilities under applicable privacy laws and regulations ("Privacy Laws") seriously. We are committed to respecting the privacy rights and concerns of all Users of our Site.
1.2. We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. This Privacy Policy (“Privacy Policy” or “Policy”) is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us and/or we possess about you, whether now or in the future, as well as to assist you in making an informed decision before providing us with any of your personal data. If you have any questions regarding this information or our privacy practices, please contact us.
1.3. By using the Services, registering for an account with us, visiting our website, or accessing the Services, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to us collecting, using, disclosing and/or processing your personal data as described herein. We may revise this Privacy Policy but the most current version will always be at this link.
2. Information collected or received
2.1 To use our platform to transact, you will need to provide us with a valid email address. Depending on the services you choose, we may collect additional information, for example: If you are a Seller, we will collect additional information such as payment information, contact number and an address. Please note that for security and performance reasons, such content may need to be accessed by internal personnel from time to time.
2.2 Your username is publicly displayed. Other people may see the date you joined; ratings, reviews and related photos for accommodations you are selling or have sold; your profile information; accommodations you listed for sale; your shop pages.
2.3 We use technologies such as cookies, clear gifs, log files and flash cookies for several purposes, including to help understand how you interact with our site and services, in order to provide a better experience. The information we collect may include, without limitation, your Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the characteristics of the mobile device, the address of a referring website (if any), and the pages you visit on our website and mobile applications and the times of visit.
2.4 We automatically receive and record information (for example: an email address or IP address, cookies, and data) about a person who is not yet registered in connection with certain features.
2.5 We may contact individual shop owners to confidentially request more information about their shops or accommodations listed on the Site, or to ensure compliance with our rules and applicable law.
2.6 When you connect to us or register an account using an external third-party application, such as Facebook using an application programming interface (API), or services, you will be granting us permission to receive information from these third-party applications. You can also choose to share some of your activity to certain social media networks which are connected to your account.
3. Uses and Sharing
3.1 We respect your privacy. We will not sell or disclose your name, email address or other personal information to third parties without your consent, except as specified in our Privacy Policy.
3.2 We generally use the information to provide and improve our services and products, for billing and payments, for identification and authentication, for targeted online and offline marketing, to contact members or interested parties, and for general research and aggregate reporting. For example, we could use your feedback to improve our services; we use data analytics and work with certain third-party service providers for targeted online and offline marketing; and of course, we use your email address to communicate with you. We also partner with service providers and other third parties that collect, use, promote, and analyse information about our marketplace. By providing your name and email address you are agreeing to receive marketing emails from us and can opt-out of marketing emails at any time.
3.3 As part of the buying and selling process, we will facilitate the sharing of information between the two users involved in the transaction, such as the other Buyer’s email address, shipping address, and payment information. By making a sale or a purchase on The Havenery Club you are directing us to share your information in this way. We expect you to respect the privacy of the member whose information you received. Your ability to use this information extends to all marketplace related communication or for any transaction related communications. You have not been granted the ability to use the information for unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any user to your email or physical mailing list or misuse any user’s personal information.
3.4 We may use your information to contact you. Primarily, these messages are delivered by email or by push notifications, and every account is required to keep a valid email address on file to receive messages. We may contact you by telephone to provide support or for transaction related purposes.
3.5 Some messages from us are service-related and required for users. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, and correspondence with the site. You may not opt out of receiving service-related messages from us, unless you close your account.
3.6 We may release your personal information to a third party in the following circumstances: to protect, establish, or exercise our legal rights or defend against legal claims or when that such disclosure is necessary to comply with the law, such as investigations into illegal activities.
3.7 We may share demographic information with business partners, but it will always be aggregated and anonymized, so personally-identifiable information is not revealed.
3.8 We share reviews, feedback and opinions of services and accommodations provided from Buyers in our marketing and by signing up to use the site, Buyers waive all requests for compensation for that information.
4. Community
4.1 We are both a marketplace and a community. We offer several features that allow users to communicate in public such as reviews or private means such as contacting the seller. Please use common sense and good judgment when posting or sharing your personal information with others. Be aware that any personal information you submit there can be read, collected, or used by others, or could be used to send you unsolicited messages. You are responsible for the personal information you choose to post. Sellers are required to close all transactions with The Havenery Club Travel Members, through The Havenery Club with their Travel Member ID and phone number, on their own site and must document any additional /invoicing/payment upon arrival or departure or offline from The Havenery Club with booked The Havenery Club Travel Members to provide the services purchased from their experience with your brand, as a member.
Sellers agree to offer Travel Members of The Havenery Club an exclusive base deal, offer, or discount as an incentive based on their membership. Additional deals, offers, discounts, and incentives can be offered at any time for our Travel Members of The Havenery Club!