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Terms and Conditions
Purpose To outline proper usage of www.asaltydogpm.com website for its visitors. This document may also be referred to as: terms of use, terms of agreement, terms of reference, terms & conditions, or, not limited to, terms of services. Our Terms and Conditions purposes include, but are not limited to: ● Defining the stakeholders ● Proper usage of the website and its contents ● Improper usage of the website and its contents ● Termination of accounts ● Third party terms and conditions ● Users’ rights to usage ● Validity and modifications of the agreement Table of contents 1. Definitions 2. User requirements 3. Limitation of business activity 4. Use of the services 5. Prohibited use 6. Fees, payments, refunds 7. Termination 8. Links to third party websites and third party services 9. Disclaimer 10. Limitation of liability 11. Personal data 12. Intellectual property rights and customer content 13. Indemnity 14. Force majeure 15. Changes to the Terms & Conditions 16. Severance 17. Non-waiver 18. Assignment 19. Third party rights 20. Governing law and jurisdiction Access to and use of the Services (as defined below) is subject exclusively to the following terms and conditions (“Terms of Service”). By using services on www.asaltydogpm.com the Customer is fully accepting these Terms of Service, including the Privacy Policy (available at: www.asaltydogpm.com) and, the Data Processing Addendum (“DPA”). If the Customer does not accept these Terms of Service including the Privacy Policy, and the DPA, the Customer must immediately stop using the Services. If the Customer nonetheless uses the Services, it will be deemed to have agreed to be bound by these Terms of Service, including the Privacy Policy and the DPA. If you have any questions or comments regarding these Terms of Service, please contact us by emailing www.asaltydogpm.com. 1. Definitions a) The term “www.asaltydogpm.com” “we”, “us” or “our” refers to Salty Dog Vacations, a company incorporated in Registrar of Florida Secretary of State. b) The term “www.asaltydogpm.com” means our website www.asaltydogpm.com and our company A Salty Dog Vacations LLC. c) The term “Services” refers to all services provided by www.asaltydogpm.com from time to time including but not limited to receiving booking information via our booking and payment system, managing reservations and payments and responding to Customer via our reservation system and managing content on third party channels via our channel manager. d) The term “Customer” refers to either: a) the person who registers for a Customer Account on his/her own behalf; or b) the organization, where the person registers for a Customer account on behalf of an organization. e) The term “Customer Account” refers to the account which the Customer creates on www.asaltydogpm.com in order to access and use the Services. f) The term “Property” refers to any form of accommodation, building, house boat, apartment, room, apartment blocks, houses or any other dwellings or rental space that is displayed by the Customer or a third party channel and offered for rent using the Services. g) The term “Content” means text, graphics, images, music, software, audio, video, information or any other form of data. h) The term “Customer Content” refers to Content provided by the Customer as part of using the Services including but not limited to other information. 2. User Requirements a) To access and use the Services, the Customer must provide information for contact. The Customer agrees to provide and maintain true, accurate, current and complete information at all times. b) Where the Customer is an organization, the person using Services on its behalf warrants that he/she has the authority to bind the organization to these Terms of Service. c) The Customer, if an individual, must be at least 18 years of age to be eligible to use the Services. d) The Customer is responsible for maintaining the confidentiality of its Customer Account, and shall not disclose its password to any third party. e) The Customer is responsible for all activities that occur, and Content that is transmitted, under its Customer Account. 3. Limitation of Business Activity a) www.asaltydogpm.com is excluded from, or not responsible for, any rental transactions, booking arrangements or any property management issues. www.asaltydogpm.com is not a party to any rental contract and not to be exclusively associated with A Salty Dog Vacations LLC b) The Customer acknowledges that (with the exception of Customer Content that is Account Data as defined in clause 12. a) ii.) www.asaltydogpm.com has no obligation to store, maintain or provide the Customer with a copy of any Customer Content. It is the Customer’s sole responsibility to back up its Content. See our Privacy Policy at www.asaltydogpm.com for more information about our treatment of personal data. c) The Customer is solely responsible for the operation of their activity on www.asaltydogpm.com including the business that is conducted in relation to the Properties, the statements and representations made by the Customer about the Properties, any interaction between the Customer and www.asaltydogpm.com and the content (including user-generated content) which is posted to or transmitted via www.asaltydogpm.com. d) The Customer shall ensure that the scope of our role in relation to the www.asaltydogpm.com as described in this clause 3 shall be clearly communicated to users and that no statement made on www.asaltydogpm.com or otherwise to the users misrepresents, or is likely to misrepresent, this. 4. Use of the Services a) The Customer agrees to access and use the Services only for vacation rental purposes. Any other use of the Services is expressly prohibited. b) The Customer agrees to comply with all applicable laws and regulations with respect to its activities under these Terms of Service. c) The Customer acknowledges that information provided about the Properties will be made available to the public and may be sent to our partner websites for the purpose of advertising. d) The Customer is further solely responsible for ensuring that the Customer Website complies with applicable law and for drafting, displaying, and enforcing the terms of use and privacy policy for www.asaltydogpm.com. f) If the Customer operates in a similar business to ours, we reserve the right to refuse to provide our Services to them and to terminate these Terms of Service immediately without notice g) We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, at any time and at our sole discretion. h) Part of the Services shall be provided through software developed by the entity Hostaway, which is integrated into Hostaway.com (the “VPS”). Accordingly, by using the Services, the Customer is fully accepting the terms of service of the VPS and accepts that any claim, legal remedy or civil liability that may derive directly or indirectly from the use of such VPS, must be directed against the VPS. 6. Prohibited Use a) The Customer shall not: – license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Services available to any third party – access all or any part of the Services in order to build a product or service which competes with the Services; – attempt to copy, modify, create derivative works of, display, transmit or distribute all or any part of the software applications used by us as part of the Services (except as may be allowed by any applicable law incapable of exclusion); or – attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software applications used by us as part of the Services (except as may be allowed by any applicable law incapable of exclusion). b) Except where expressly otherwise permitted in these Terms of Service, the Customer is prohibited from: – using or accessing www.asaltydogpm.com and the Services in a manner that unfavorably affects the performance or proper functioning of www.asaltydogpm.com and the Services, or any computer systems or networks used by www.asaltydogpm.com and the Services; – impersonating anyone, or from misrepresenting or misstating facts about affiliation with any person, or from forging headers or manipulating identifiers so as to disguise the origin of the content transmitted through www.asaltydogpm.com. – using, displaying, mirroring or framing www.asaltydogpm.com, or any individual element within www.asaltydogpm.com or the Services, www.asaltydogpm.com name, any www.asaltydogpm.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent. – using any robot, spider, other automatic device or manual process to monitor, download, copy or keep a database copy of the Customer Content and Content made available through the Services and www.asaltydogpm.com. – sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation, – and the Customer agrees to include similar provisions which are no less onerous than those stated in this clause 6. b) in its terms and conditions with its users c) The Customer agrees not to post, upload, publish, submit or transmit any Customer Content that: – infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; – violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; – is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; – promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; – is violent or threatening or promotes violence or actions that are threatening to any person or entity; or – promotes illegal or harmful activities or substances, – and the Customer shall include similar provisions which are no less onerous than those stated in this clause 6. c) in its terms and conditions with its users. d) We reserve the right to withhold, remove and or delete any Customer Content, with or without notice, where we reasonably suspect that such Customer Content breaches these Terms of Service, and the Customer shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that the Customer Content posted to, or linked to, www.asaltydogpm.com or a third party channel breaches these Terms of Service e) We further reserve the right to modify any Customer Content in connection with the optimization of the www.asaltydogpm.com. Further information about this right and other rights which you grant to us in relation to Customer Content is set out in clause 13. c). 7. Fees, Payments and Refunds a) Subject to clause 5, our Services are provided for the fees described for each service on www.asaltydogpm.com, including but not limited to Subscription Fees, Transaction Fees and Booking Fees (collectively, “Fees”), and the Customer is liable for such Fees. Fees are exclusive of value-added tax. b) We reserve the right to change these fees and introduce new charges any time, upon at least 30 days prior notice to the Customer, which notice may be provided by e-mail. c) Services cancelled at the Customer’s request prior to the completion of the contract term are not subject to a refund. d) If the Customer fails to comply with any of the provisions of these Terms of Service and we terminate the Customer’s Services prior to the completion of the contract term, we will not refund any payments. e) The Customer agrees to us, or our third party service providers, storing the Customer’s payment card information and charging that payment card (i) a fee for any applicable Services (ii) any other fees for Services the Customer may purchase in addition from us, (iii) any increase in fee pursuant to clause 7. b) or d) of these Terms of Service, and (iv) any applicable taxes in connection with the Customer’s use of the Services. If the payment card the Customer provides expires or fails to make the payment and the Customer does not provide new payment card information or cancel the Customer Account, we may, without liability to the Customer, disable the Customer Account and access to all or part of the Services and we shall be under no obligation to provide any or all of the Services until a new payment card is provided or payment of a due amount is able to be charged. f) Unless otherwise explicitly agreed, all fees shall be paid in U.S. dollars, British pounds or EU euros. 8. Termination a) Our contract with the Customer shall commence on the date the uses Service on www.asaltydogpm.com and shall continue until terminated in accordance with this clause 8. b) Our contract with the Customer may be terminated by the Customer, without cause, by following the cancellation procedures set forth in clause 7. e). c) Our contract with the Customer may be terminated by us, without cause, at any time and (subject to clause 4. f)) upon one month’s notice to the Customer. d) Our contract with the Customer may be terminated by us at any time, upon notice to the Customer (including via email), if: – the Customer fails to comply with any of the provisions of these Terms of Service; – the Services are discontinued; or – we lose the right to provide the Customer with the Services or where the provision of the Services or a particular Service becomes unlawful. e) Upon termination: – the Customer shall immediately cease use of the Services; – the Customer acknowledges we have the right to delete all data, files, or other information that is stored; and – any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected. 9. Links to Third Party Websites and Third Party Services a) www.asaltydogpm.com contains links to third party websites that are controlled and maintained by others. The Customer accesses such third party websites at its own risk. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third party website, or any transaction completed, and any contract entered into by the Customer, with any such third party. Any contract entered into and any transaction completed via any third party website is between the Customer and the relevant third party, and not us. We recommend that the Customer refers to the third party’s website terms and conditions and privacy policy prior to using the relevant third party website. We do not endorse or approve any third party website nor the content of any of the third party website made available via the Services. b) www.asaltydogpm.com may also contain the services of third parties (including but not limited to domain registration services) which will be provided to the Customer pursuant to such third parties’ terms and conditions. We will provide the Customer with links to these third parties’ terms and conditions. The Customer’s acceptance of these terms and conditions may be required to make all services via www.asaltydogpm.com available to the Customer. 10. Disclaimer a) The Customer acknowledges that the Services have not been developed to meet its individual requirements, and that it is, therefore, the Customer’s responsibility to ensure that the facilities and functions of the Services meet the Customer’s requirements. b) We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. c) The Services and www.asaltydogpm.com are provided on an “AS IS”, “AS AVAILABLE” basis. d) We make no warranty that the functionality of the Services will be uninterrupted or error-free, that defects will be corrected or that the Services or the servers that makes it available are free of viruses or anything else which may be harmful or destructive. e) We make no warranty that the Customer Content will not be lost or corrupted and, with the exception of Customer Content which is Account Data (as defined in clause 12. a) ii.), we shall not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of Customer Content. See our Privacy Policy www.asaltydogpm.com for more information about our treatment of personal data. f) Except as expressly stated in these Terms of Service, to the fullest extent permitted by law, all other warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these Terms of Service. 11. Limitation of Liability a) Nothing in these Terms of Service excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be excluded or limited by law. b) Subject to clause 11. a), we will not be liable, whether in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any: – loss of profits, – loss of business, – depletion of goodwill – loss or corruption of data or information, or – any indirect, special, incidental or consequential loss or damage, – arising out of or in connection with the Customer’s use of the Services. c) Subject to clause 11. a), our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Services shall be limited to the total fees paid for by the Customer during the 12 month period immediately preceding the date on which the claim arose. 12. Personal Data a) The Customer acknowledges that: – the Customer shall be the data controller and we shall be a data processor in respect of any personal data which we process on the Customer’s behalf when performing the Services (“Service Data”); and – we shall be the data controller in respect of any personal data submitted or collected in association with the Customer Account (“Account Data”). b) With regards to Service Data: – the Customer acknowledges and agrees that the personal data may be transferred or stored outside the EEA or the country where the Customer is located in order to carry out the Services and our other obligations under this agreement; – the Customer shall ensure that the Customer is entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with these Terms of Service on the Customer’s behalf; – the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation; – we shall process the personal data only in accordance with these Terms of Service, our Privacy Policy (available at www.asaltydogpm.com) and any lawful instructions reasonably given by the Customer from time to time. – With regards to Customer Data, our Privacy Policy sets out the terms on which we process personal data and which are hereby incorporated into these Terms of Service. c) To the extent that www.asaltydogpm.com processes any Controller Personal Data (as defined in the DPA) contained in Customer Content that is subject to the GDPR (as defined in the DPA), on the Customer’s behalf, in the provision of the Services, the terms of the Data Processing Addendum (“DPA”), which are hereby incorporated by reference, shall apply and the Customer and us agree to comply with such terms. 13. Intellectual Property Rights and Customer Content a) The Customer acknowledges and agrees that www.asaltydogpm.com and/or its licensors own all intellectual property rights in the Services and the logo, design, material and software on www.asaltydogpm.com. Except as expressly stated herein, this agreement does not grant the Customer any rights to or in patents, copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services. b) The Customer represents and warrants that it is the owner or permitted licensee of the Customer Content, including all intellectual property rights consisting in it, and agrees to indemnify us immediately on demand against any cost, loss or liability which we may incur by reason of the Customer’s breach of that warranty. c) The Customer grants us the following limited licence with respect to the Customer Content: a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Customer Content only in connection with the provision of www.asaltydogpm.com (including any and the Services). 14. Indemnity The Customer agrees to indemnify and hold www.asaltydogpm.com and its directors and employees harmless from and against all claims, actions, proceedings, liabilities, damages, losses, expenses and costs (including without limitation court costs and reasonable legal fees) which arise from, relate to, or are connected with the Customer’s use of the Services. 15. Force Majeure a) Subject to clause 15. b), we shall not be liable to the Customer for any breach or delay of the performance of our obligations under these Terms of Service where such breach or delay is caused by an event outside of our control. b) We will take reasonable steps to minimize the effect of the delay or breach. 16. Changes to the Terms & Conditions We reserve the right to change these Terms of Service at any time and, where appropriate, upon giving the Customer notice via email in advance. The Customer’s continued use of the Services following any changes shall be deemed to be the Customer’s acceptance of such changes. 17. Severance If any of the provisions or part provisions contained in these Terms of Service should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision or part provision shall be severed, and the remaining provisions and part provisions shall survive and remain in full force and effect and continue to be binding and enforceable. 18. Non-Waiver Our failure to enforce at any time or for any period any one or more of the provisions of these Terms of Service shall not be a waiver of them or the rights attaching to any of them. 19. Assignment a) The Customer shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any manner with any or all of its rights or obligations under this agreement. b) We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement. 20. Third Party Rights These Terms of Service do not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999. 21. Governing Law and Jurisdiction These Terms of Service and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by law and Customers accept the exclusive jurisdiction of the Florida courts to rule on the same.
Privacy Policy
Privacy Policy Protecting your private information is our priority. This Statement of Privacy applies to 101, and A Salty Dog Vacations LLC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to A Salty Dog Vacations LLC include 101 and Salty Dog Vacations. The Salty Dog Vacations website is a vacation rental booking site. By using the Salty Dog Vacations website, you consent to the data practices described in this statement. Collection of your Personal Information In order to better provide you with products and services offered, Salty Dog Vacations may collect personally identifiable information, such as your: - First and Last Name - Mailing Address - E-mail Address - Phone Number If you purchase Salty Dog Vacations's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. Salty Dog Vacations may also collect anonymous demographic information, which is not unique to you, such as your: - Age We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future. Use of your Personal Information Salty Dog Vacations collects and uses your personal information to operate and deliver the services you have requested. Salty Dog Vacations may also use your personally identifiable information to inform you of other products or services available from Salty Dog Vacations and its affiliates. Sharing Information with Third Parties Salty Dog Vacations does not sell, rent or lease its customer lists to third parties. Salty Dog Vacations may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Salty Dog Vacations, and they are required to maintain the confidentiality of your information. Salty Dog Vacations may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Salty Dog Vacations or the site; (b) protect and defend the rights or property of Salty Dog Vacations; and/or (c) act under exigent circumstances to protect the personal safety of users of Salty Dog Vacations, or the public. Tracking User Behavior Salty Dog Vacations may keep track of the websites and pages our users visit within Salty Dog Vacations, in order to determine what Salty Dog Vacations services are the most popular. This data is used to deliver customized content and advertising within Salty Dog Vacations to customers whose behavior indicates that they are interested in a particular subject area. Automatically Collected Information Information about your computer hardware and software may be automatically collected by Salty Dog Vacations. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Salty Dog Vacations website. Security of your Personal Information Salty Dog Vacations secures your personal information from unauthorized access, use, or disclosure. Salty Dog Vacations uses the following methods for this purpose: - SSL Protocol When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. Right to Deletion Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: • Delete your personal information from our records; and • Direct any service providers to delete your personal information from their records. Please note that we may not be able to comply with requests to delete your personal information if it is necessary to: • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; • Debug to identify and repair errors that impair existing intended functionality; • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; • Comply with the California Electronic Communications Privacy Act; • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; • Comply with an existing legal obligation; or • Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information. Children Under Thirteen Salty Dog Vacations does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. E-mail Communications From time to time, Salty Dog Vacations may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. If you would like to stop receiving marketing or promotional communications via email from Salty Dog Vacations, you may opt out of such communications by click unsubscribe on email. External Data Storage Sites We may store your data on servers provided by third party hosting vendors with whom we have contracted. Changes to this Statement Salty Dog Vacations reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy. Contact Information Salty Dog Vacations welcomes your questions or comments regarding this Statement of Privacy. If you believe that Salty Dog Vacations has not adhered to this Statement, please contact Salty Dog Vacations at: A Salty Dog Vacations LLC S. Palmetto Ave Daytona Beach, Florida 32114 Email Address: saltydogvacations@gmail.com Telephone number: 3862023051 Effective as of April 12, 2022