TERMS OF SERVICE OF THE AUCROOM PLATFORM
Please read these Terms of Service carefully, as they contain important information about your legal rights, resources and obligations. By accessing or using the Aucroom Platform, you agree to stand for and submit to these Terms of Service.
These Terms of Service (“Terms”) constitute a legally binding contract (“Contract”) between you and Aucroom (as defined below) governing access and use of the Aucroom Platform, including any subdomain thereof, and of any other application and/or website through which Aucroom makes Aucroom Services available. Our Platform is created for mobile devices, tablets and other intelligent devices and platforms program interfaces (called, jointly, the “Platform”). From now on, the Platform and Services provided by Aucroom will be denominated all together as, the “Aucroom Platform”. Our Policies are incorporated by reference to this Contract.
When these Terms use “Aucroom”, “us”, “we” or “our” (and other variations included), they refer to the Aucroom S.A.S. Partnership with the Contract undersigned, identified under the NIT No. 901.075.611-0, whose address is located in the city of Bogota DC, in Colombia.
Room Providers shall be solely responsible for identifying, understanding and complying with all applicable laws, rules and regulations that apply to their Announcements and Provider Services. Providers shall be solely responsible for identifying and obtaining any license, permit or registration required for any experience they may offer.
- Scope of the Aucroom Services
1.1 Welcome to the Aucroom Platform. This Platform is an online marketplace that allows registered users (“Users”) to collect information on hotel rooms, identify the vacancy of these and make bids in auctions that are available at that time, which must be proved sufficiently successful in order to obtain the Room target of the auction, or otherwise, for commercial transactions with Room Providers (“Providers”), and with no other purpose. This web Site is offered depending on your acceptance without modification of all the Terms, Conditions and Standards set forth below (in conjunction, the “Contract”). By accessing or using, in any way, this website, you agree to be governed by the Contract. Read the Contract carefully. If you do not accept all of these Terms and Conditions, do not use this Website. Be sure to periodically check this page to stay current with the most recent version of the Contract. We reserve the right to change or else modify the Contract, at any time and in our sole discretion, without prior notification, and your subsequent access to the Website will signify acceptance of the updated or modified Contract.
1.2 As Provider of the Aucroom Platform, no Announcement or Provider Service will be delivered or provided. The Providers are solely responsible for their Announcements and Services offered. When the Providers accept the offer made by the Users, they subscribe a contract directly between them. Aucroom is neither a party nor a participant in any contractual relationship between Providers, nor does it constitute a real estate or insurance agent. Aucroom does not act as an agent in any capacity for any Provider.
1.3 While we may assist in the resolution of disputes, Aucroom has no control over them, no guarantee of (i) the existence, quality, safety, fitness or legality of any Provider’s Announcements or Services, (ii) the accuracy or exactness of the descriptions of any Announcement or of the Evaluations, Comments and other Content Provider (as defined below) or (iii) the performance or behavior of any Provider or third-party. Aucroom does not endorse any Provider, Announcement or Service. You must always exercise due diligence and care when deciding whether to use the hosting service of the Provider, to accept an auction offer made by an User or to communicate and interact with other Providers, either online or in person.
1.4 If you choose to use the Aucroom Platform as a Provider, your relationship with Aucroom will be limited to that of third-party independent contractor and not that of an employee, agent, co-member in a joint company or Aucroom partner for any reason. In addition to this, you will act exclusively in your own name and interest, and not in the name or in the interest of Aucroom.
1.5 In order to assist Providers who speak different languages, the Advertiser and other Content from the Provider may be translated, partially or totally, into other languages. Aucroom cannot guarantee the accuracy or quality of such translations; Providers are responsible for checking and verifying their accuracy. The Aucroom Platform may contain translations powered by Google. Google disclaims all warranties relating to translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
1.6 Aucroom Platform may contain links to websites or resources of third parties (“Third-party Services”). Such Third-party Services may be subject to different Terms and Conditions and different privacy practices. Aucroom is not responsible for the availability or accuracy of neither of such Third-party Services, nor for the content, products or services available from such Third-party Services. Links to such Third-party Services do not constitute an endorsement of such given by Aucroom.
1.7 Due to the nature of the Internet, Aucroom cannot guarantee the continuous and uninterrupted availability and accessibility of the Aucroom Platform. Aucroom may restrict the availability of the Aucroom Platform or certain areas or functions thereof in case it is necessary on the basis of capacity limits, the security or the integrity of our servers, or to carry out maintenance measures that ensure the correct or improved operation of the Aucroom Platform. Aucroom will be able to improve, reinforce and modify the Aucroom Platform, as well as introduce new Services from time to time.
- Eligibility, Use of the Aucroom Platform, User Verification
2.1 You must be at least 18 years of age to be able to enter into legally binding Contract for the access and use of the Aucroom Platform or the registration of an Aucroom Account. By accessing or using the Aucroom Platform, you declare and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a Contract.
2.2 Aucroom may make conditional any access to and use of the Aucroom Platform, or certain areas or functions thereof, to certain Conditions or Standards, such as performing a verification process, meeting specific qualities or eligibility criteria, meeting Evaluations or Comments thresholds or a certain history of booking and cancellations.
2.3 Verification of users on the Internet is difficult and we assume no responsibility for the confirmation of the identity of any User. Notwithstanding the preceding, for the purposes of transparency and fraud prevention, and to the extent allowed by law, we may, without being obliged to: (i) request Users to provide a form of government identification or other information or to be subjected to additional checks designed to help verify the identity or background of the Users, (ii) filter Users by comparing them with third-party databases and other sources and request reports from Service Providers, and (iii) when available sufficient information to identify a User, obtain reports from public records or criminal convictions or records of sex offenders or an equivalent version of background or evidence of sex offenders registered in their local jurisdiction (if available).
2.4 Access and use of certain areas and functions of the Aucroom Platform may be subject to policies, standards or independent guidelines, or may require you to accept additional Terms and Conditions. If there is any conflict between these Terms and the Terms and Conditions applicable to a specific area or function of the Aucroom Platform, the latest terms and conditions regarding your access to or your use of that area or function will prevail unless otherwise noted.
2.5 If you access or download the Platform on the Apple Store, you will be agreeing the License Contract End User of the Platform under license from Apple. Some areas of the Aucroom Platform implement Google Maps/Earth mapping services, including the Google Maps API (s). Your use of Google Maps/Earth is subject to Additional Terms of Service from Google Maps/Google Earth.
- Modification of these Terms
Aucroom reserves the right to modify these Terms at any time pursuant to this provision. If we make changes to these Terms, we will post the revised Terms on the Aucroom Platform and will bring up to date the “Last Update” day at the top of the Terms. Likewise, we will notify you of the modifications by sending you an email at least thirty (30) days before they take effect.
- Account Registration
4.1 You must register an account (“Aucroom Account”) to access and use certain features of the Aucroom Platform, such as publishing or offering an Announcement. If you register an Aucroom Account for a society or other legal entity, you must state and warrant that you have the authority to legally bind such entity and grant us all the permissions and licenses set forth in these Terms.
4.2 You can register an Aucroom Account with an email address and creating a password, or through your account with certain third-party social networking services such as Facebook or Gmail.
4.3 You must provide accurate, current and complete information during the registration process and keep the Aucroom Account’s information and the public profile page of your Aucroom Account updated at all times.
4.4 You may not register more than one (1) Aucroom Account unless Aucroom so authorizes. You may not assign or otherwise transfer your Aucroom Account to another party.
4.5 You will be responsible for maintaining the confidentiality and security of your Aucroom Account’s credentials and you may not disclose them to any third-party. You must immediately inform Aucroom by the email firstname.lastname@example.org, if you become aware or have any reason to suspect that your credentials have been stolen, lost, misappropriated or threatened in some way, or in the event of an unauthorized use of or suspicion of your Aucroom Account. You will be responsible for any and all activities carried out through your Aucroom Account, unless such activities have not been authorized by you and you have not acted negligently (as in the case of not having reported unauthorized use or the loss of your credentials).
5.1 The Provider shall be obliged to send the content that Aucroom wishes to publish, such as information as text, photos, audio, video and other material and reliable information to the mail provided for that purpose (“Content Provider”).
Aucroom may, in its sole discretion, allow the display of Content Provider and any content that Aucroom itself makes available on or through the Aucroom Platform, including content owned by Aucroom and content licensed or authorized by a third-party for use by Aucroom, or through it (“Content Aucroom”) and, together with Content Provider, (“Collective Content”).
5.2 It is possible that the Aucroom Platform, Content Aucroom and the Content Provider are, in whole or in part, protected by copyright, trademark and Colombia’s and other countries laws. You acknowledge and accept that the Aucroom Platform and Content Aucroom, including all associated intellectual property rights are the exclusive property of Aucroom and/or its licensors or third-party grantors. You shall not remove, alter or obscure any mark or signal from the copyrights, trade or service mark, or any other proprietary rights notices contained in or accompanying the Aucroom Platform, Content Aucroom or Content Provider. All trademarks, service marks, logos, trade names and any other source identifier of Aucroom used in, or in connection with, the Aucroom Platform and Content Aucroom are trademarks used by Aucroom in Colombia and abroad. Trademarks, service marks, logos, trade names and any other denominations owned by third parties, used in or in connection with the Aucroom Platform, the Content Aucroom and/or the Content Collective, are used for identification purposes only and may be the property of their respective owners.
5.3 You shall not use, copy, adapt, modify, prepare derivative works, distribute, license, sell, transfer, publicly display, publicly interpret, transmit, disseminate or otherwise exploit the Aucroom Platform or the Content Collective, except to the extent that you are the legal owner of certain Content Provider or an expressly permitted in these Terms. No license or right will be granted, implicitly or explicitly, under any intellectual property right owned or controlled by Aucroom or its licensors, with the exception of the licenses and rights expressly settled in these Conditions.
5.4 In spite of your compliance with these Terms, Aucroom grants you a limited, non-exclusive, non-sublicenseable, revocable, non-transferable license to (i) download and use the Platform in your personal device(s) and (ii) access and display any Content Collective made available on or through the Aucroom Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, receiving, storing or otherwise making available any Content Provider on or through the Aucroom Platform, you grant Aucroom a non-exclusive license, which is international, royalty-free, irrevocable, perpetual (or in force during the protection), sublicensable and transferable on said Content to access, use, store, copy, modify, prepare derivative works, distribute, publish, transmit, broadcast, disseminate and otherwise exploit said Content Provider to feed and/or promote the Aucroom Platform on any support or platform. Unless you give a specific consent, Aucroom does not claim any proprietary right in any Content Provider and nothing contained in these Terms shall be deemed to restrict any right that may assist you in the use or exploitation of your Content Provider.
5.6 You are solely responsible for all Content Provider that you send to Aucroom in order to be uploaded to the Aucroom Platform. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of any Content Provider you make available on or through the Aucroom Platform or that you have all rights, licenses, consents and legal disclaimers required to extent Aucroom the rights in and on said Content, as contemplated in these Terms; and (ii) neither the Content Provider nor its publication, upload, dissemination, sending or transmission of the Content Provider nor Aucroom’s use of the Content Provider (or any part thereof) will violate, misappropriate or infringe the copyright, trademark, trade secret, moral rights or any other private right; nor any intellectual property right of a third-party, nor the rights of privacy or protection of the personality of third parties, nor result in breach of any applicable laws or regulations.
5.7 You will not post, upload, public, send or transmit any Content Provider that: (i) is fraudulent, false, misleading (directly or by omission or non-update of information) or fallacious; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promote discrimination, intolerance, racism, hatred, harassment or harm against any person or group; (iv) if violent or threatening or encourages violence or actions that are threatening to any other person or (v) fosters illicit or harmful activities or substances. Aucroom may, without prior notification, withdraw or disable access to any Content Provider that Aucroom considers to be in breach of these Terms or the current Policies or Standards of Aucroom, or that in any way may be harmful or offensive to Aucroom, its Providers, third parties or material goods.
5.8 Aucroom respects copyright legislation and expects its Users to act in the same way. If you believe that any content on the Aucroom Platform infringes the copyright you own, please notify us to the email address email@example.com.
- Service Fees and Cancellations
6.1 Aucroom may charge Users fees (“User Fees”) in return for the use of the Aucroom Platform. When the Provider accepts an offer made by a User, Aucroom will charge the user a service fee equivalent to 10% included within the 100% committed to cancel, and the Provider will debit the remaining 90% personally. The total amount of this fee is displayed on the payment page, before the User makes the offer in the auction.
The price 100% committed in the auction will have previously included the import of the VAT, however there will be the possibility of including an additional value for an unpredictable event that is a load of the User, so the final amount may be higher.
6.2 You are responsible for paying any Service Fees owed to Aucroom. The Service Fees that expire, are payable and are charged by Aucroom as follows:
As the holder of a credit card, the User unconditionally grants the following authorizations:
6.2.1 To debit the credit card you register, the value corresponding to the service fee through the PayPal, PayU or Mercado Pago payment systems.
6.2.2 To report to any centrally authorized information of risk, both on the timely compliance and on the breach, if any, of the obligations of the User with Aucroom, in such a way that they present a truthful, pertinent, complete and accurate update of the User’s performance as debtor after having crossed and processed various useful data to obtain significant information. This authorization remains until the User is at peace and safe with Aucroom for any concept. The previous authorization does not prevent the exercise of the right that assists the User to ensure that the information provided by Aucroom is truthful, complete, accurate and up-to-date, and if it is not, to be rectified and to report on the corrections made.
6.2.3 The User as the holder of the credit card is obliged and accepts to keep sufficient funds in the credit card indicated to cover the Service Fee and other expenses that there is authorization. Unless otherwise provided in the Aucroom Platform, Service Fees are non-refundable.
6.3 The fee offered at the auction for the available Room must be canceled at the time of registration at the assigned hotel, through which it will be charged in the local currency of the hotel corresponding to the time of your stay. The tax and currency exchange fees may change between the time of booking and the stay.
6.4 Many banks and credit card companies charge account holders with a transaction fee when the card issuing institution and the merchant (as defined by the card [eg. Visa, MasterCard, American Express]) are found in different countries. Exclusively the bank or other transaction-processing agency determines the currency exchange fee, if applicable, and the transaction charge. The issuing institution of the card to the cardholder’s account can apply these charges. This means that the amount that appears on your debit or credit card statement may be different from the amount included on the payment summary page for a booking made on this website. If you have questions about these charges or a currency exchange fee applied to this booking, please contact your bank.
6.5 CANCELLATIONS: You can modify or cancel your booking by sending an email with a copy to firstname.lastname@example.org and an email to the assigned Provider. This modification or cancellation will not have a charge on what is offered at the auction, as long as it is made at least two (2) days in advance of the date established to start your booking at 1pm (GMT -5), remembering that the Service Fee indicated in Item No. 6 will not be refundable under any circumstances. And even so, you may be subject to the modification and cancellation costs imposed by our Providers, as indicated in the rules and restrictions of your booking. It is possible that hotels, holiday hotels or other Providers impose their own modification or cancellation fees. The requirements and penalties for modification or cancellation vary according to each Provider.
Cancellations made less than that established in the previous paragraph apply to the User a charge of 100% agreed upon.
If the Room is marked as non – cancelable, non – refundable or similar, applies a penalty of 100% regardless of the date on which the cancellation is requested.
For details, see your booking confirmation.
You agree to pay the Provider for any modification or cancellation expenses incurred. In very few cases, some hotels do not allow you to modify or cancel bookings once made, as indicated in the hotel booking rules and restrictions.
- Specific Terms for Room Providers
7.1 Terms applicable to all Announcements
7.1.1 When creating an Announcement through the Aucroom Platform you must (i) provide complete and accurate information about your Service (such as the description of the Announcement, the location and availability of dates), and (ii) provide any other relevant information requested by Aucroom. You are responsible for keeping your Announcement information up to date (including availability of dates).
7.1.2 You are solely responsible for accepting the offer made at the auction of your Room. Once you accept the offer made by the User, you cannot require him to pay a higher price than the accepted one.
7.1.3 The terms and conditions included in your Announcement, in particular in relation to cancellations, should not conflict with these Terms or with the cancellation policy that you have selected for your Announcement.
7.1.4 The images, animations or videos (hereinafter, in joint, the “Images”) used in your Announcements must accurately reflect the quality and condition of your Host Services. Aucroom reserves the right to demand that the Announcements have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and classification of Announcements in the search results within the Aucroom Platform may vary and depends on various factors, such as search parameters and User preferences, price and availability dates, number and quality of the Images, the historical of customer service and cancellations, the Comments and Evaluations and/or the facility to book.
7.1.6 When you accept the offer made by a User, you are entering into a legally binding Contract with the User, which obligates you to supply your Provider Service(s) to the User as described in your Announcement.
7.1.7 You declare and warrant that any Announcement you post will comply with all applicable laws (such as town planning), tax requirements and other rules and regulations (including having all necessary permits, licenses and bookings).
7.1.8 Aucroom reserves the right to decide, in its sole discretion, whether or not an Announcement that has been sent will be published on the Aucroom Platform.
- Specific Terms for Users
8.1 Terms applicable to all bookings
8.1.1 You can enjoy an Announcement available on the Aucroom Platform by following the corresponding booking process. Before making the offer you will be presented with certain classification criteria, such as city and location area of the hotel, star level or type of hotel, type of room, booking date, bed type, breakfast, spa, pool, gym, wi-fi, parking, etc., among others, which you must choose in order to offer you the ideal option. Subsequently, you will be presented with the average price of the Room that meets those criteria and in this way you can make an offer. This offer can be accepted or not by the Provider.
8.1.2 In case the Provider decides to reject the offer made by the User, the latter will have the possibility to improve it on two (2) following occasions. After the three (3) opportunities, you must wait three (3) minutes to publish three (3) other opportunities in the Announcement.
Upon acceptance of the offer by the Provider, a legally binding Contract is formed between you and your Provider, subject to any additional Terms and Conditions of the Provider that may be for Platform, including in particular the applicable cancellation policy and how many rules and restrictions are indicated in the Announcement.
8.1.3 If you offer for a person who is a minor, you declare and warrant that you are legally authorized to act on behalf of the minor. Children can only enjoy the Service if they are accompanied by an adult who is responsible for them.
8.1.4 You can change your User name, type of bed, preference for smoking or non-smoking sectors, special requests, accessibility options, room type, number of Users directly contacting the Provider, which may impose other charges for changes and/or cancellation. Charges vary according to booking.
8.2 Room Booking
8.2.1 You understand that a confirmed booking constitutes a limited license that the Provider grants you to access, occupy and use the Room for the period of your stay.
8.2.2 You agree to leave the Room no later than the time of departure that the Provider has established in the Announcement and in default of the usual. If your stay is extended beyond the agreed time of departure without the consent of the Provider, you will no longer have a license to stay in the Room and the Provider will have the right to force you to leave in a manner consistent with applicable law. In addition, you agree to pay, if required by the Provider, for each period of twenty-four (24) hours (or any portion thereof) that corresponds to an Excess of Stay for your part, an additional overnight fee corresponding to the value of the usual fee applied on that day by the hotel for that type of rooms, in order to alleviate the inconvenience suffered by the Provider, plus all applicable Fees and corresponding Taxes, as well as any legal expenses in which the Provider has incurred to for forcing you to leave. The Fees indicated in this item that do not affect future bookings may be limited to the additional costs incurred by the Provider as a result of such excess of Stay. The hotel will charge directly for such extra costs not provided.
- Modifications, cancellations and refunds of booking, Resolutions Center
9.1 Users and Providers are responsible for any modifications made to a booking through the Aucroom Platform and when it is ordered to make any modifications, this one should be done through the Aucroom customer service (“Booking Modifications”) and agree to pay the additional Fees and Taxes associated to these Booking Modifications.
9.2 Users may cancel a confirmed booking at any time, subject to the cancellation policy of the Announcement, accepting that the Service Fee established in item No. 6 will not be refundable.
9.3 If a Provider cancels a confirmed booking, the User will receive a full refund of the Total Fees corresponding to that booking and Aucroom may publish an automatic Comment on the Announcement canceled by the Provider indicating that a booking has been canceled.
9.4 In certain circumstances, Aucroom may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make the corresponding reimbursement and make the respective payment decisions.
- Evaluations and Comments
10.1 Within a limited term since the end of a booking, Users can leave a public comment (“Comment”) and submit an Evaluation in number of stars. The Evaluations and Comments reflect the opinions of individual Users and not the opinion of Aucroom. Aucroom does not verify the accuracy of the Evaluations and Comments, which may be incorrect or misleading.
10.2 Evaluations and Comments from Users should be fair, truthful and factual; they could not even contain offensive or abusive language.
- Damage on Rooms, disputes between Users
11.1 As a user, you are responsible for leaving the Room (including personal materials and other existing assets within) in the same state as on arrival. You are responsible for your own acts and omissions and for the acts and omissions of any people you invite or provide access to the Room.
11.2 If a Provider claims or shows that you, as a User, have damaged the Room or any goods, the Provider may attempt to obtain payment for such damages contacting Aucroom. If a Provider transmits to Aucroom a Claim for Damages and Compensations, you will have the opportunity to answer it. If you agree to pay the Provider, this determines in its sole discretion that you are responsible of the Claim for Damages and Compensations; the Provider will charge the amounts corresponding to their registered credit card. Likewise, the Provider also reserves the right to charge payment and otherwise make use of any resources that the Provider has at its disposal in this regard in situations where you are responsible for a Claim for Damages and Compensations.
11.3 Users agree to cooperate with Aucroom and assist in good faith, and to facilitate this information and take measures Aucroom request, within reason, in relation to any Claims for Damages and Compensations or complaints made by Users concerning Rooms or any personal property or other existing materials in the Room. Each User will participate, upon reasonable request Aucroom without cost for the user, in mediation or in a process similar resolution with another member, a process whose development will be borne by Aucroom or a third-party Aucroom or your insurer select with respect of losses for which payment requests Aucroom User.
- Rounding, Currency Conversion
12.1 Aucroom may, at its sole discretion, round up or down the amounts payable to or from the Users or Providers to the nearest whole unit functional basis depending on the currency.
13.1 As Provider, you are exclusively responsible for determining your obligations to declare, charge, remit or include in your Fees per Announcement the VAT and other indirect sales tax, occupancy tax, tourist or other tax per visitor or taxes income that could be from the Platform (“Tax“).
13.2 You understand that any agency, department and/or competent authority (“Tax Authority “) where your Room is located may require the charging of the Tax over the Fees per Announcement, and they are sent to the relevant Tax Authority. Laws may vary depending on the jurisdiction, but it is possible that these Taxes must be collected and remitted as a percentage over the Fee per Announcement established by Providers, on a fixed amount per day or other variants, and are sometimes called “Tax for temporary occupation”, “Hospitality tax”, “Accommodation tax”, “Municipal tax”, “Bedroom tax” or “Tourist tax” (“Occupancy Taxes“).
- Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations and tax liabilities that could be from the Platform for use of the Aucroom Platform. Regarding your use of the Aucroom Platform, you shall not proceed to the following actions, nor assist or allow others to do so as:
- to violate or circumvent Laws or Standards, Contracts with third parties, third-party rights or our Terms, Policies or Standards;
- to use the Aucroom Platform or Content Collective for any commercial purpose or for any other type not expressly referred to in these Terms or in a manner that involves falsely endorsement or cooperation of Aucroom or deceive in any way to others as the affiliation you have with Aucroom;
- to use the Aucroom Platform in relation to the distribution of unwanted commercial messages (“spam”);
- to offer any Room which you do not own or from which you do not have the permission to make it available through the Aucroom Platform;
- unless Aucroom allowed explicitly otherwise, it is prohibited to book an Announcement if you yourself will not make effective use of the Services;
- to contact another User or Provider for a purpose other than to ask a question on his own book, to your Announcement, including, for example, labor contracts;
- to use the Aucroom Platform to manage an offer foreign to the Aucroom Platform, to avoid any Service Fees or for any other reason;
- to request, accept or make any payment of Fees per Announcement on the sidelines of the Aucroom Platform. If you do so, you acknowledge and agree that: (i) you will be in breach of these Terms; (ii) you accept all risks and responsibility for such payment and (iii) you exempt Aucroom from any liability for such payment;
- to discriminate or harass people because of their race, national origin, religion, sex, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or take otherwise abusive or disruptive behavior;
- to use, display, mirror or frame the Aucroom Platform, the name of Aucroom, any trademark of Aucroom, logo or other information subject to property rights, or the design and layout of any page or form contained on a page of the Aucroom Platform without the express written consent of Aucroom;
- to tarnish, stain or damage by other means Aucroom brand in any way, including, among others, unauthorized use of Content Collective, registration or use of Aucroom or derivative terms in domain names, trade names, trademarks or other identifiers of origin, or registration or use of domain names, trade names, trademarks or other source identifiers that mimic domains, trademarks, slogans or are so similar to confusing them closely;
- to use any robot, spider web, webworms, web scrapers and other automated means or processes to access, collect data and other content from it, or otherwise interact with the Aucroom Platform with any purpose;
- to avoid, bypass, remove, deactivate, stop, disassemble or otherwise attempt to circumvent a technological measure implemented by Aucroom or any Aucroom Providers or other third parties in order to protect the Aucroom Platform;
- to try to decipher, decompile or disassemble the software used to provide the Aucroom Platform or to apply engineering techniques inverse to this;
- to take any action that harms or adversely affect, or could impair or adversely affect, the performance or correct operation of the Aucroom Platform;
- to infringe or violate the rights of any other person or harm anyone else in any other way.
14.2 You acknowledge that Aucroom has no obligation to monitor the access or use of the Aucroom Platform by any User or to check, disable access or modify any Content User or Provider, but we do are entitled to do so in order to (i) operate, protect and improve the Aucroom Platform (including, without limitation, for purposes of fraud prevention, risk evaluation, research and customer service); (ii) ensure compliance by Users and Providers of these Terms; (iii) comply with the law or an order or injunction or similar issued by law enforcement and other administrative agencies or governmental bodies; (iv) respond to Content Member determined to be harmful or offensive; or (v) as otherwise provided in these Terms. Providers and Users agree to cooperate and assist Aucroom in good faith and give information and take measures Aucroom may request within reason with respect to any investigation that this or one of its representatives undertaken in connection with the use or abuse of the Aucroom Platform.
14.3 If you have the impression that any Member with which you interact, either online or in person, is acting or has acted inappropriately, for example, someone (i) adopting an inappropriate offensive, violent or sexual behavior (ii) who you suspect has stolen, or (iii) adopt any other disruptive behavior, you must immediately report that person to the appropriate authorities and then Aucroom, contacting us provided by the number of the police station and (where appropriate); provided that the notification does not force us to adopt other measures as required by the law (if applicable) or lead us to create any obligation for you.
- Period and termination, suspension and other measures
15.1 This Contract shall be valid for 30 days, after which it will be renewed automatically and continuously for the successive 30 days until the time you or Aucroom terminate the Contract in accordance with this provision.
15.2 You may terminate this Contract at any time via email. If you cancel your Aucroom Account, as a Provider, you shall respect all confirmed booking on pain of incurring a violation of this Contract. In case of having to reimburse the cost of Service Fee of the Aucroom Platform established in Point No. 6, you must cancel the value to Aucroom.
15.3 Without prejudice to our rights specified hereafter, Aucroom may terminate this Contract for convenience at any time upon thirty (30) days emailed to your registered email address.
15.4 Aucroom may terminate this Contract immediately and without previous announcement, if (i) you have substantially breached your obligations under these Terms, our Policies or Standards, (ii) you have breached any law, regulations or third-party rights that are from the Platform, or (iii) Aucroom considers in good faith that such action is reasonably necessary to protect the personal safety or material goods from Aucroom or third parties.
15.5 In addition, Aucroom may take any of the following measures (i) to comply with applicable law or order or injunction issued by law enforcement or other administrative agency or governmental body, or if (ii) you have breached or violated these Terms, Policies or Standards, any law, regulations or third-party rights that are from the Platform, (iii) you have given inaccurate, fraudulent, outdated or incomplete information during registration on the Aucroom Account, the Announcement process or later, (iv) you and/or your Announcements or Service Provider do not meet at any time any of the quality criteria or eligibility, (v) you have received repeatedly some Evaluations or Negative Comments or Aucroom becomes aware in some way or have received complaints about the way you behaved or acted, (vi) you have canceled repeatedly confirmed bookings or have not responded to requests for booking without good reason, or (vii) Aucroom believes in good faith that such action is reasonably necessary to protect the personal safety or material goods of Aucroom, its Users or third parties, or to prevent fraud and other illegal activities:
- temporarily or, in case of serious or repeated breach, permanently, suspend your Aucroom Account.
In the case of minor violations, and where appropriate, Aucroom will notify any measure taken and give you the opportunity to resolve the problem reasonably well for Aucroom.
15.6 If we adopt any of the measures described above, (i) we will reimburse your Members the total amount paid for all confirmed bookings, regardless of any cancellation policy pre-existing, and (ii) you will not be entitled to any compensation for confirmed or pending bookings that are canceled.
15.7 Upon termination of this Contract, you are not entitled to restoring your Aucroom Account or any element of your Content Member. If you have limited access or use of the Aucroom Platform or if your Aucroom Account has been suspended or have terminated this Contract, you may not register a new Aucroom Account, you will not access or use the Aucroom Platform through the Aucroom Account from other Member, unless so is determined by Aucroom.
If you choose to use the Aucroom Platform or Content Collective, you will work so voluntarily and at your own risk. The Aucroom Platform and the Content Collective is provided “as is” without warranty of any kind, either express or implied.
You agree that you have arranged the opportunity you deem necessary to inform yourself with the Aucroom Services, the Legislation, Policies or Standards that could be a Platform for your Announcements and/or Service Provider receiving and not based on any statement made or right given by Aucroom in connection with an Announcement.
If we decide to perform identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim any warranty of any kind, either express or implied, regarding such checks end up detecting past misconduct by a User or to ensure that a User will not adopt inappropriate behavior in the future.
If you brought a minor you, as a accompanying person, agree that you shall assume sole responsibility for the supervision of the minor throughout the entire Service and to the maximum extent permitted by law; you accept to exonerate Aucroom of any liability and claims which may arise in any way as a result of injury, death, or loss occurring to such minor during the Service or related in any way with the same damage.
The above disclaimers apply to the maximum extent permitted by law. Other regulatory rights may apply. However, the duration of the necessary statutory guarantees, if any, shall be limited to the maximum extent permitted by law.
17.1 Except if you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, will be up to you the entire risk to pull away from their access and use of the Aucroom Platform and Content Collective, your publication, offer and/or acceptance of any Announcement or offer through the Aucroom Platform, your stay or enjoyment of any Provider Service or any other interaction you have with other Users or Providers, either in person or online. Neither Aucroom nor any other party involved in creating, producing or delivering of the Aucroom Platform or Content Collective will be liable for any compensation for Damages of fortuitous, special, exemplary or emergent nature, including future loss of income, loss of data or loss goodwill, business interruption, computer damage or system failure or cost of products or replacement services, or any compensation for damages due to personal or physical injury or emotional distress to pull away from, or save connection with (i) these Terms, (ii) the use of or inability to use, the Aucroom Platform or Content Collective, or (you’re your publication or booking of an Announcement, including the provision or enjoyment of Provider Services of an Announcement, whether based on warranty in the Contract, product liability or any other juridical basis, and whether Aucroom has been informed of the possibility of such damages or not, if it is determined that a resource of covered by this Contract has not achieved its primary purpose. In no event shall the total liability of Aucroom to pull away from, or relating to, these Terms and use of the Aucroom Platform, including, without limitation, your publication or booking of any Announcement through the Aucroom Platform, or use of, or inability to use, the Aucroom Platform or Content Collective and in relation to any Room or interactions with any other Users, exceed the amounts you have paid or due in respect of bookings through the Aucroom Platform as User in the period of twelve (12) months preceding the event which caused liability, or if you are a Provider, the amount of one hundred dollars (100 USD), if they had not been made any such payments, as appropriate. The limitations of compensation for damages stipulated before are fundamental elements of the Contract between Aucroom and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental Damages and Compensations, and so the above limitation may not apply to you.
17.2 If you reside in the EU, Aucroom is liable under the statutory provisions for willful misconduct and gross negligence by us, our legal representatives, executives and other vicarious agents. The same will be of the Platform with respect to the assumption of guarantees or any other strict liability or in case of culpable injury affecting the life, physical integrity or health. Aucroom is responsible for any negligent breach of basic contractual obligations committed by us, our legal representatives, executives and other vicarious agents. The contractual obligations are those basic Aucrum tasks in which proper performance you trust regularly and you must rely facing the correct execution of the Contract, but the amount is limited to the Damages and Compensations foreseeable and normal. It is excluded any additional responsibility of Aucroom.
You agree to hold harmless, defend (at the discretion of Aucroom), indemnify and take responsibility away from Aucroom and its affiliates and subsidiaries, and their officers, directors, employees and agents, against and towards any claims, liabilities, damages for compensations, losses and expenses, including, without limitation, reasonable costs of legal and accounting advice, that arising out of or in any way connected with (i) the breach of these Terms or our Policies or Standards (ii) the misuse by you of the Aucroom Platform or any Aucroom Services or (iii) your violation of any laws, regulations or third-party rights.
- Agreement for dispute resolution and arbitration
19.1 This Agreement for dispute resolution and arbitration will be mandatory in the event that you (i) reside in Colombia; or (ii) don’t reside in Colombia, but undertake a claim against Aucroom in Colombia.
19.2 Summary of the dispute resolution process. Aucroom stands for participating in a dispute resolution process from a friendly nature to the User. To this end, these Terms have a process in two parts for the persons subject to the Platform of Section 19.1: (1) An informal negotiation directly with the Aucroom Customer Service Team, and (2) a binding arbitration administered by the Arbitral Tribunal which will be held in the Chamber of Commerce of Bogota (“CCB“) based on its Arbitration Rules for Consumption specially designed, which are in force at the relevant time. Specifically, the process provides that:
- Claims must be filed with the Arbitration and Conciliation Center of the Chamber of Commerce of Bogota.
- Referees must be neutral and neither party can unilaterally select an arbitrator;
- Referees must disclose any bias, interest in the outcome of the arbitration or concerning any part;
- A limit to the initial start fee for consumers is set at US $ 100.
- The Tribunal shall consist of 1 arbitrator appointed by the parties by mutual contract. If that is not possible, the arbitrator shall be appointed by the Arbitration and Conciliation Center of the Chamber of Commerce of Bogota, at the request of either party. The applicable procedure will be the National Arbitration Regulation from the Arbitration and Conciliation Center of the Chamber of Commerce of Bogota.
- The Court will decide in: Law.
19.3 Resolution of disputes prior to arbitration and notification. Before initiating arbitration, you and Aucroom agree that each one will inform the other party of the dispute and will try to first negotiate an informal resolution to the matter. We will contact you at the email address you have provided to us; you can contact the Aucroom Customer Service Team by sending an email to email@example.com. If after having worked in good faith in negotiating one of us has the impression that the dispute has not been resolved and can not be resolved informally, the party seeking to pursue arbitration accepts notify the other party by email before initiating arbitration. To initiate arbitration, a written complaint must be filed with the Arbitration and Conciliation Center of the Chamber of Commerce of Bogota.
19.4 Arbitration Clause. You and Aucroom mutually agree that any dispute, claim or controversy that detaches from, or keeps any relation with these Terms or with the breach, termination, Platform or interpretation thereof, or the use of the Aucroom Platform, the Services Provider or the Content Collective (hereinafter, in joint, the “Disputes”) shall be resolved by binding arbitration. If a dispute about whether this Arbitration Clause can be executed or applied to our dispute, you and Aucroom agree that the arbitrator will decide the issue.
19.5 Costs and attorney fees. You and Aucroom may be eligible to be granted costs and attorney fees if you win the arbitration, to the extent the provisions of the applicable law and the Rules of the Chamber of Commerce of Bogotá.
19.6 Arbitrator’s decision. The arbitrator’s decision shall include the trial and essential conclusions on which the arbitrator has based the award. The execution of the arbitral award may be filed before any competent court. The arbitrator may issue declaratory rulings or grant precautionary measures only on an individual basis and to the extent necessary to exercise the relief to which the plaintiff’s individual claim is entitled.
19.7 Durability. This Section 19 shall survive the termination of these Terms and will continue on the Platform even if you stop using the Aucroom Platform or rescind its Aucroom Account.
- Applicable Law and Jurisdiction
20.1 To the interpretation, compliance and execution of these Terms stipulated, the Parts are subjected to what the Republic of Colombia’s Laws display; without taking into account the provisions on conflict of laws.
- General Provisions
21.1 With the exception of supplements that may be formed by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Contract between Aucroom and you regarding the subject matter hereof, and supersede any and all agreements or pacts, being oral or written, between Aucroom and you regarding access and use of the Aucroom Platform.
21.2 There is no relationship of joint company, cooperation, related to employment or agency between you and Aucroom as a result of this Contract or your use of the Aucroom Platform.
21.3 These Terms do not grant or intend to confer any rights or remedies in favor of any person other than the parties.
21.4 If any of these Terms is void or unenforceable, that provision will be removed and will not affect the validity and effect of the other provisions.
21.5 The Non Platform by Aucroom of any right or provision of these Terms shall not constitute a waiver of such right or provision unless we so recognize or accept in writing. Except as expressly provided in these Terms, the exercise by either party of any of its resources referred to in these Terms shall be without prejudice to its other remedies provided in these Terms or provided otherwise by law.
21.6 You may not assign, transfer or delegate this Contract or its rights and obligations hereunder without the prior written consent of Aucroom. Aucroom may assign, transfer or delegate this Contract and any rights and obligations under it, in its sole discretion, by issuing notification with 30 days in advance. It shall not affect the right to terminate this Contract at any time.
21.7 Unless otherwise stated, any notification and other communications to users, required or permitted under this Contract, will take place in writing and will be delivered by Aucroom by email, by notifications in the Aucroom Platform or by message.
21.8 If you have any questions about these Terms, please send an email to servicioalcliente@Aucroom.com .
By using the Aucroom Platform as a User or Provider, you confirm that you have read, understood and agree to submit to this Policy Terms and Conditions.