These Payments Terms of Service (“Payments Terms”) are a binding legal agreement between you and Podmaps, Inc that govern the Payment Services (defined below) conducted through or in connection with the Podmap Platform. When these Payments Terms mention “Podmaps, Inc,” “we,” “us,” or “our,” it refers to the Podmaps, Inc company you are contracting with for Payment Services.
Podmaps, Inc provides payments services to Members publishing, offering and booking Host Services, provided via the Podmap Platform. These payment services may include (if available) the following (collectively, “Payment Services”):
In order to use the Payment Services, you must be at least 18 years old, must have an Podmap account in good standing in accordance with the Podmap Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.
Payment Services will be provided by the contracting entity based on your country of residence subject to any exceptions described below:
The Terms separately govern your use of the Podmap Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms.
Table of Contents
1.1 Podmap Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. Podmaps, Inc may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Podmaps, Inc may improve, enhance, and modify the Payment Services and introduce new Payment Services from time to time. Podmaps, Inc will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Podmaps, Inc is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Podmaps, Inc of those Third-Party Services.
1.3 Your Podmap Account. Podmaps, Inc may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Podmap account. You may authorize a third party to use your Podmap account if the feature is enabled for your Podmap account. You acknowledge and agree that anyone you authorize to use your Podmap account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Verification. You authorize Podmaps, Inc, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Podmaps, Inc reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2.1 Adding a Payment Method. When you add a Payment Method to your Podmap account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Podmaps, Inc or its third-party payment processor(s). You authorize Podmaps, Inc and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method, Podmaps, Inc may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. You may not remove the Payment Method associated with a reservation during the period commencing from the date of your booking and ending fourteen (14) days following closing of transaction, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with such booking.
2.3 Payment Authorization. You allow Podmaps, Inc to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Podmap account, including Damage Claim amounts in accordance with the Terms and with Section 6.
2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment. Podmaps, Inc generally charges the Total Price due after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), Podmaps, Inc will collect the Total Price due at the time of your booking request or after the Host accepts your booking request. Podmaps, Inc may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Podmap Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Podmaps, Inc is unable to collect the Total Price due, as scheduled, Podmaps, Inc will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Currency. Podmaps, Inc will process each transaction in the currency you select via the Podmap Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or your Podmaps, Inc contracting entities. Any such limitations will be communicated via the Podmap Platform, and you will be prompted to select a different currency or Payment Method. Note that if your Podmaps, Inc contracting entity’s location is different than the country of your Payment Method, or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. Podmaps, Inc is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
2.7 Booking Request Status. If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or Podmap cancels the booking, any amounts collected by Podmaps, Inc and due to you pursuant to the policies described in Section 5.5, will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable) in accordance with Section 5.5.2
2.8 Payment Restrictions. Podmaps, Inc reserves the right to decline or limit payments that we believe (i) may violate Podmaps, Inc’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Podmap, Podmaps, Inc, or others to risks unacceptable to Podmaps, Inc.
2.9 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Podmaps, Inc is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility. Podmaps, Inc is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.11 Different Ways to Pay
2.11.1 Payment Plan
2.11.1.1 Podmaps, Inc may make available to Clients the option to pay a portion of the booking’s Total Price at the time of booking and pay the remainder of the Total Price at a later time prior to check-in (“Payment Plan”). Availability of this option may depend on the Listing and/or Payment Method.
2.11.1.2 If you choose a Payment Plan, the Podmap Platform will notify you during check out of the amount, currency and schedule of each payment due. On the following payments due date, Podmaps, Inc will automatically charge the original Payment Method you used to make the booking.
2.11.1.3 If you make a modification to a booking made with a Payment Plan, Podmaps, Inc will notify you of the revised payment schedule, as applicable. If the modification increases your Total Price, you may be required to make an additional partial payment of the new Total Price at the time of the modification.
2.11.1.4 You agree that by selecting a Payment Plan, you may not be able to pay for the booking with a different Payment Method or pursuant to a different payment schedule.
2.11.1.5 If Podmaps, Inc is unable to collect your payment, Podmaps, Inc will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice. If you fail to complete the payment, you authorize Podmap to cancel the booking on your behalf. If the booking is canceled, you will be refunded based on the Host’s cancellation policy. You acknowledge that you may incur fees for cancellations pursuant to the Host’s cancellation policy.
2.11.2 Recurring Payments
2.11.2.1 For certain bookings (such as Monthly or Weekly subscription for Host Services), Podmaps, Inc may require a Client to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Podmap Platform if applicable to a booking.
2.11.2.2 If Recurring Payments apply to a confirmed booking, then the Client authorizes Podmaps, Inc to collect the Total Price due.
2.11.2.3 Clients may stop a Recurring Payment by notifying Podmaps, Inc orally or in writing at least three (3) business days before the scheduled date of the payment. Podmaps, Inc may require you to give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within those fourteen (14) days, Podmaps, Inc is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Podmaps, Inc.
3.1 Payment Collection. Podmaps, Inc generally collects the Total Price of a booking at the time the Client’s booking request is accepted by the Host, unless noted otherwise.
3.2 Valid Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Podmap account. When you add a Payout Method to your Podmap account, you will be asked to provide information such as name, government identification, tax ID, billing address, and financial instrument information either to Podmaps, Inc or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information Podmaps, Inc requires for a valid Payout Method may change, and Podmaps, Inc may request additional information at any time; failing to provide requested information may result in Podmaps, Inc temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize Podmaps, Inc to collect and store your Payout Method information. Podmaps, Inc may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1 Subject to and conditional upon successful receipt of the payments from Client, Podmaps, Inc will generally initiate Payouts to your selected Payout Method: within 24 hours after the transaction closure and confirmation by both parties, or on the last day of a monthly/weekly subscription.
3.3.2 Podmaps, Inc may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. The time it takes to receive Payouts once released by Podmaps, Inc may depend upon the Payout Method you select.
3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like Podmap service fees and applicable taxes. In the event of cancellation of a confirmed booking, Podmaps, Inc will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. Podmaps, Inc may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, Podmaps, Inc may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Currency Conversion. Podmaps, Inc will remit your Payouts in the currency you select via the Podmap Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your Podmap contracting entity(ies). Any such limitations will be communicated via the Podmap Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and Podmaps, Inc is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts. For compliance or operational reasons, Podmaps, Inc may limit the amount of a Payout. If you are due an amount above that limit, Podmaps, Inc may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.8 Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Podmaps, Inc is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.
3.9 Handling of Funds. Podmaps, Inc may combine amounts that it collects from Clients and invest them as permitted under applicable laws. Podmaps, Inc will retain any interest it earns on those investments.
3.10 Your Payout Method, Your Responsibility. Podmaps, Inc is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
3.11 Different ways to get paid
3.11.1 Split Payouts
If you provide Host Services jointly with one or more other Hosts as part of a team, business or other organization (“Host Team”), Podmap may make available to such Hosts the option to allocate between the members of the Host Team the total Host Payout for a booking. Podmaps, Inc will execute such payments at the instruction of one or more members of the Host Team and is not responsible for any losses related to errors or omissions made by the Hosts in providing such payment instructions.
4.1 Each Host, including each Host Team member, hereby appoints Podmaps, Inc as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Clients purchasing Host Services on the Host’s behalf.
4.2 Each Host, including each Host Team member, agrees that payment made by a Client through Podmaps, Inc, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Client in the agreed-upon manner as if the Host has received the payment directly from the Client. Each Host agrees that Podmaps, Inc may refund the Client in accordance with the Terms. Each Host understands that Podmaps, Inc’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Client. Podmaps, Inc guarantees payments to Host(s) only for such amounts that have been successfully received by Podmaps, Inc from Clients in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, Podmaps, Inc assumes no liability for any acts or omissions of the Host.
4.3 Each Client acknowledges and agrees that, notwithstanding the fact that Podmaps, Inc is not a party to the agreement between you and the Host(s), including each Host Team member, Podmaps, Inc acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Client’s payment of the funds to Podmaps, Inc, the Client’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and Podmaps, Inc is responsible for remitting the funds successfully received by Podmaps, Inc to the Host(s) in the manner described in these Payments Terms. In the event that Podmaps, Inc does not remit any such amounts, the Host(s) will have recourse only against Podmaps, Inc and not the Client directly.
5.1 Fees. Podmaps, Inc may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Podmap Platform.
5.2 Payment Authorizations. You authorize Podmaps, Inc to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Podmap account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Podmaps, Inc to collect from you:
If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, resolution center payments, or Damage Claims (“Additional Amounts”), you authorize Podmaps, Inc to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. Podmaps, Inc will notify you in writing before any Additional Amounts are charged.
If your Payment Method associated with the relevant booking is determined to be expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts and Podmaps, Inc may charge the Payment Method related to your booking again or use any other Payment Method on file associated with your Podmap account, if available, to collect such Additional Amounts. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you.
If Podmap has reason to believe that you as a Host participated in any fraudulent activity, such as an overpayment scam, booking fraud or other fraud, Podmaps, Inc may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Podmaps, Inc collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3 Collections
5.3.1 If Podmaps, Inc is unable to collect any amounts you owe under the Terms and these Payments Terms, Podmaps, Inc may engage in collection efforts to recover such amounts from you.
5.3.2 Podmaps, Inc will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after Podmaps, Inc first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s Podmap account or the associated services have been provided, whichever is later.
5.3.3 Podmaps, Inc will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after Podmaps, Inc first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s Podmap account or the associated services have been provided, whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Podmap and/or Podmaps, Inc by you. Such communications may be made by Podmap, Podmaps, Inc, or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1 Podmaps, Inc will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Podmaps, Inc or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Podmaps, Inc.
5.5 Refunds
5.5.1 Any refunds or credits due to a Member pursuant to the Terms will be initiated and remitted by Podmaps, Inc in accordance with these Payments Terms.
5.5.2 Subject to this Section 5.5.2, Podmaps, Inc will initiate the refund process immediately. In case of a cancellation by Host, Podmaps, Inc will hold the funds for up to 72 hours until the Client is either refunded or the Client directs Podmap to use the funds to rebook with another Host. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the Podmap Platform. The time it takes to receive any cash refund or for any pre-authorization of your Payment Method to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Podmaps, Inc will initiate and process the refund as soon as is practicable.
6.1 If you are responsible for Damage Claim amounts, pursuant to Section 15 of the Terms, Podmap via Podmaps, Inc may, with your prior authorization, to charge the Payment Method used to make the booking or any other payment method on file in your Podmap account at the time of the Damage Claim in order to collect Damage Claim amounts, up to a maximum amount as defined in Section 15 of the Terms.
6.2 You agree that Podmaps, Inc may seek to recover from you under any insurance policies you maintain and that Podmaps, Inc may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to a Damage Claim
8.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
8.2 You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, UK Sanctions List and HM Treasury Department Consolidated List, United Nations Consolidated List or European Union Consolidated List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government, UK or European Union list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
Podmaps, Inc shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Podmap or Podmaps, Inc, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
9.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
9.2 Notwithstanding Podmaps, Inc’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, Podmaps, Inc explicitly disclaims all liability for any act or omission of any Member or other third party. Podmaps, Inc does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
9.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
9.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
10.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Podmap account in any way, you are responsible for the actions taken by that person. Neither Podmaps, Inc nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Podmaps, Inc has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Podmaps, Inc’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the Podmap Platform as a Client in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Podmaps, Inc to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) ten U.S. dollars (US$10), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Podmaps, Inc and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Podmaps, Inc’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at Podmaps, Inc’ option), indemnify, and hold Podmaps, Inc and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.
12.1 Modification. Except as otherwise required by applicable law, Podmaps, Inc may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the Podmap Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.
12.2 Term. This agreement between you and Podmaps, Inc reflected by these Payment Terms is effective when you create an Podmap account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.
12.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Podmap account. Terminating this agreement will also serve as notice to cancel your Podmap account pursuant to the Terms. Without limiting our rights specified below, Podmaps, Inc may terminate this agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address. Podmaps, Inc may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Podmaps, Inc believes in good faith that such action is reasonably necessary to protect other Members, Podmap, Podmaps, Inc, or third parties.
12.4 Suspension and Other Measures. Podmaps, Inc may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Podmaps, Inc believes in good faith that such action is reasonably necessary to protect the personal safety or property of Podmap, its Members, Podmaps, Inc, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method
12.5 Appeal. If Podmaps, Inc takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service.
12.6 Effect of Termination. If you cancel your Podmap account as a Host or Podmaps, Inc takes any of the measures described above, Podmaps, Inc may provide a full refund to any Clients with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your Podmap account as a Client, Podmaps, Inc will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Podmap account or attempt to access and use the Payment Services through an Podmap account of another Member.
12.7 Survival. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.
Payments Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal court in New York, NY, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in New York, NY.
14.1 Application. This Arbitration Agreement only applies to you if you are contracting with Podmap Payment. If you bring any legal claim against Podmaps, Inc in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 15 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
14.2 Overview of Dispute Resolution Process. Podmaps, Inc is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payment Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with Podmap’s customer service team (described in Section 15.3), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Podmaps, Inc each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration
14.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Podmaps, Inc each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Podmaps, Inc by mailing it to Podmaps, Inc’ agent for service: Podmaps, Inc at 353 West 48th Street, 4th Fl, unit 224, New York, NY 10036.. Podmaps, Inc will send its notice of dispute to the email address associated with your Podmap account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
14.4 Agreement to Arbitrate. You and Podmaps, Inc mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Podmaps, Inc agree that the arbitrator will decide that issue.
14.5 Exceptions to Arbitration Agreement. You and Podmaps, Inc each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (ii) a request for the remedy of public injunctive relief; or (iii) any individual claim of sexual assault or sexual harassment arising from your use of the Podmap Platform or Host Services. You and Podmaps, Inc agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
14.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the arbitrator (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
14.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Podmaps, Inc agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S county where you reside; (b) in New York County; or (b) via phone or video conference. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
14.8 Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
14.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
14.10 Jury Trial Waiver. You and Podmaps, Inc acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
14.11 No Class Actions or Representative Proceedings. You and Podmaps, Inc acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
14.12 Severability. Except as provided in Section 15.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.
14.13 Changes to Agreement to Arbitrate. If Podmaps, Inc changes this Section 15 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Podmaps, Inc (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Podmaps, Inc.
14.14 Survival. Except as provided in Section 15.12 and subject to Section 13.7, this Section 15 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Podmap account.
16.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Podmaps, Inc and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Podmaps, Inc and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
15.2 No Waiver. Podmaps, Inc’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
15.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Podmaps, Inc’ prior written consent. Podmaps, Inc may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice.
15.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Podmaps, Inc via email or Podmap Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which Podmaps, Inc transmits the notice.
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
16.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
16.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
16.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.
16.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Podmap for Work, as permitted by your account, you authorize Podmaps, Inc to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.
16.5 For any Payout Method linked to your Podmap account, you authorize Podmaps, Inc to store the Payout Method, remit payments using the Payout Method for bookings associated with your Podmap account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
16.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.
You may contact Podmaps, Inc regarding the Payment Services via email at [email protected] or by mail: Podmaps, Inc at 353 West 48th Street, 4th Fl, unit 224, New York, NY 10036.
