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.
These Terms of Service (“Terms”) are a binding legal agreement between you and Podmaps, Inc, that govern your right to use the websites, applications, and other offerings from Podmaps, Inc, Inc (collectively, the “PODMAP”). When used in these Terms, “Podmaps, Inc,” “PODMAP”, “we,” “us,” or “our” refers to the Podmaps entity with whom you are contracting.
The Podmap Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Clients.” Hosts offer their addresses for Clients as places of delivery (“POD”), of goods and mail as well as service of further delivering packages directly to their Clients (collectively, “Host Services,” and each Host Service offering, a “Host Listing”). You must register an account to access and use features of the Podmap Platform, and must keep your account information accurate. As the provider of the Podmap Platform, Podmap does not own, control, offer or manage any Listings or Host Services. Podmap is not a party to the contracts entered into directly between Hosts and Clients, nor is Podmap a broker, agency, or insurer. Podmap is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Podmap’s role see Section 16.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Podmap payment entities (collectively “Podmap Payments“).
If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
Table of Contents
Client Terms
Host Terms
General Terms
CLIENTS TERMS
At Podmap we believe that it is a basic human right, among all other rights, to be able to receive letters and packages, even without an official address.
The mission of Podmap is to create a platform, which helps to connect parties wishing to have an address or place of delivery (POD) for receiving of goods/packages/letters and those who can provide such address or point of delivery. Parties can be individuals or organizations. Our mission is also to help identify universally recognized and accepted points of delivery for every individual and organization. Individuals or organizations (Clients) who wish to keep their address confidential or who do not have a reliable permanent address shall have the ability to do so by engaging other individual or organizations (Hosts) to receive such letters/packages on their behalf. This option shall be available to Clients all over the world and not be limited by geographical location of neither a client nor a host, which shall afford any Client to have a reliable delivery point at any global destination of their choice.
2.1 Searching. You can search for Host Services by using criteria like the type of Host Service, delivery destination, delivery dates, and number of packages or mail pieces. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, previous deliveries and saved Listings, Host requirements (e.g. minimum or maximum pieces of packages), and more.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Host’s price, applicable fees like Podmap’s service fee, package storage fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Podmaps, Inc via Podmap Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in Section 15) amounts. When you receive the use of address authorization confirmation, a contract for Host Services (a “Reservation”) is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
2.3 Reservations. A Reservation is a limited license to use Host’s address for delivery of goods and mail. The Host retains the right to deny services If you abuse or misuse Host’s address for purposes other than those stated in your agreement between you and the Host. Host has the right to make impose storage fees if you fail to pick up your delivered goods and mail past the agreed window of pickup. Host has the right to return your unclaimed packages and mail back to carriers at your expense, in a manner consistent with applicable law. You may not exceed the maximum number of allowed packages.
2.4 Reservations for Other Host Services. By mutual agreement the Host may deliver your packages and mail directly to you at additional fees at a specified location and time agreed upon. You are responsible for confirming that you, or anyone on your behalf, can accept delivery. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to use the Host Service.
3.1 Cancellations, Delivery Issues, and Refunds. In general, if as a Client you cancel a Delivery, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you experience an Issue, you may be eligible for a partial or full refund under the Clients Refund Policy.
3.2 Booking Modifications. Clients and Hosts are responsible for any booking modifications they agree to make via the Podmap Platform and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you provide access to accept deliveries on your behalf, or other Host Service. You must act with integrity, treat others with respect, and always comply with applicable laws. If you send someone else to pick up your packages or mail who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Podmap Platform and any Content, including your visit to Host’s location, or use of any Host Service delivering directly to your location or mutually specified location, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to use those Host Services.
HOST TERMS
5.1 Host. As a Host, Podmap offers you the right to use the Podmap Platform to share your Address, Location, or other Host Service such as you delivering directly to your Clients, with our vibrant community of Clients – and earn money doing it. It’s easy to create a listing for your Place of Delivery (POD) and you are in control of your business – set your price, availability, and rules for each POD Listing.
5.2 Contracting with Clients. When you accept a booking of your address request, or receive a booking confirmation through the Podmap Platform, you are entering into a contract directly with the Client, and are responsible for delivering your Host Service under the terms and at the price specified in your POD Listing. You are also agreeing to pay applicable fees like Podmap’s service fee (and applicable taxes) for each booking. Podmap Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Clients must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Hosts. Your relationship with Podmap is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Podmap, except that Podmap Payments acts as a payment collection agent as described in the Payments Terms. Podmap does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
6.1 Creating and Managing Your POD Listing. The Podmap Platform provides tools that make it easy for you to set up and manage a POD Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like storage and personal delivery fees, and any rules or requirements that apply to your Clients or Listing. You are responsible for keeping your Listing information (including calendar availability) and content up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions.
6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit use of your address for others who are not part of these condo or coop or building associations. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as delivery or storage services). Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Clients and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.
6.3 Search Ranking. The ranking of Listings in search results on the Podmap Platform depends on a variety of factors, including these main parameters:
Search results may appear different on our mobile application than they appear on our website. Podmap may allow Hosts to promote their POD Listings in search or elsewhere on the Podmap Platform by paying an additional fee.
6.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your POD Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Podmap Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Clients to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Podmap Platform in violation of our Off-Platform Policy.
6.5 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Podmap to transfer a portion of your payout to a co-host or other Hosts, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
6.6 Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Podmap Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Podmap Platform and any laws, rules, regulations, or obligations that may be applicable to your POD Listings or Host Services and that you are not relying upon any statement of law made by Podmaps, Inc.
7.1 Cancellations and Delivery Issues. In general, a Client has the right to cancel a Reservation before their package arrives, in other words, Client may request use of your services but may not come through with their business. In this case, you as a Host may require a certain fee paid to you regardless of the outcome, but such practice is strongly discouraged by Podmap. As a host, you should not cancel on a Client without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Client without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Client experiences a Delivery Issue (as defined by the Client Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a Reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Client, and by any other reasonable costs we incur because of the cancellation. If a Client receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Podmap exceeds your payout, Podmap (via Podmap Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Podmap’s Client Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Clients. If we reasonably expect to provide a refund to a Client under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made.
7.2 Booking Modifications. Hosts and Clients are responsible for any Booking Modifications they agree to make via the Podmap Platform agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8.1 Host Taxes. As a host, you are solely responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes“). Podmaps may not collect any taxes on your behalf.
8.2 Collection and Remittance by Podmap. Podmap may not collect any applicable taxes on behalf of Members
8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you. You agree that Podmap may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Clients, and/or their organizations.
General Terms
After each Host Service, Clients and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Podmap for accuracy and may be incorrect or misleading.
Parts of the Podmap Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Podmap a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Podmap pays for the creation of Content or facilitates its creation, Podmap may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Podmap the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Podmap may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Podmap does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
Podmap may charge fees (and applicable Taxes) to Hosts and Clients for the right to use the Podmap Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Podmap Platform, service fees are non-refundable. Podmap reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Podmap. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Podmap. If you reported an issue to local authorities, Podmap may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the Podmap Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
13.1 Term. The agreement between you and Podmap reflected by these Terms is effective when you access the Podmap Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Podmap may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Podmap may also terminate this agreement immediately and without notice and stop providing access to the Podmap Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Podmap, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
13.3 Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Podmap believes it is reasonably necessary to protect Podmap, its Members, or third parties; Podmap may, with or without prior notice:
For minor violations or where otherwise appropriate as Podmap determines in its sole discretion, you will be given notice of any intended measure by Podmap and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is cancelled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Client, and by any other costs we incur as a result of the cancellation.
13.4 Legal Mandates. Podmap may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a Host and terminate your Podmap account, any confirmed booking(s) will be automatically cancelled and your Clients will receive a full refund. If you terminate your account as a Client, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Podmap Platform has been limited, or your Podmap account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Podmap Platform through an account of another Member.
13.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 26.
Podmap may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Podmap Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Podmap Platform will constitute acceptance of the revised Terms.
If a Member provides valid evidence that you, your Client(s), or your pet(s) damaged the complaining Member’s personal property, including consequential damages, (“Damage Claim“), the complaining Member can notify Podmap and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Podmap and Podmap determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Podmap via Podmap Payments can collect the amount of the Damage Claim from you. You agree that Podmap may seek to recover from you under any insurance policies you maintain and that Podmap may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Podmap requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Podmap, we do not and cannot control the conduct of Clients and Hosts. You acknowledge that Podmap has the right, but does not have any obligation, to monitor the use of the Podmap Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Podmap Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Podmap administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Podmap in good faith, and to provide Podmap with such information and take such actions as may be reasonably requested by Podmap with respect to any investigation undertaken by Podmap regarding the use or abuse of the Podmap Platform. Podmap is not acting as an agent for any Member except for where Podmap Payments acts as a collection agent as provided in the Payments Terms.
You must register an account to access and use many features of the Podmap Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Podmap Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Podmap if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We provide the Podmap Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Client, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Podmap Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or Podmap has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
Neither Podmap (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Podmap Platform or any Content 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 Terms, (ii) the use of or inability to use the Podmap Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Podmap Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Podmap has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Hosts under these Terms, or make payments under the Podmap Host Damage Protection, in no event will Podmap’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Podmap Platform, any Content, or any Host Service, exceed: (A) to Clients, the amount you paid as a Client during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, ten U.S. dollars (US$10).
These limitations of liability and damages are fundamental elements of the agreement between you and Podmap. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Podmap’s option), indemnify, and hold Podmap (including Podmap Payments, other affiliates, and their personnel) 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 Terms (including any supplemental or additional terms that apply to a product or feature) or our
Additional Legal Terms, Policies or Standards, (ii) your improper use of the Podmap Platform, (iii) your interaction with any Member, participation in any Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
Based on your country of residence or establishment and what you are doing on the Podmap Platform, Schedule 1 below sets out the Podmap entity with whom you are contracting. If we identify through the Podmap Platform, an Podmap entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the Podmap entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment, the Podmap company you contract with (as set out on Schedule 1) and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
If you reside or have your place of establishment in the United States, these 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. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23 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.
23.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Podmap in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
23.2 Overview of Dispute Resolution Process. Podmap is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with Podmap’s customer service team (described in paragraph 23.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Podmap each retain the right to seek relief in small claims court as an alternative to arbitration.
23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Podmap 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 Podmap by mailing it to Podmap’s agent for service: Podmaps, Inc at 353 West 48th Street, 4th Fl, unit 224, New York, NY 10036. Podmap 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).
23.4 Agreement to Arbitrate. You and Podmap mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Podmap Platform, Host Services, or any Content (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 Podmap agree that the arbitrator will decide that issue.
23.5 Exceptions to Arbitration Agreement. You and Podmap 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 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) 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); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Podmap Platform or Host Services. You and Podmap 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.
23.6 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 AAA (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.
23.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Podmap 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; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
23.8 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 and, where appropriate, limited by the AAA Consumer 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.
23.9 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.
23.10 Jury Trial Waiver. You and Podmap acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
23.11 No Class Actions or Representative Proceedings. You and Podmap 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.
23.12 Severability. Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
23.13 Changes to Agreement to Arbitrate. If Podmap changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 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 Podmap (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Podmap.
23.14 Survival. Except as provided in Section 23.12 and subject to Section 13.6, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the Podmap Platform or terminate your Podmap account.
24.1 China Domestic Transactions. If you reside or have your place of establishment in China, and are contracting with Podmap China, these Terms and this Section 24.1 are governed by the laws of the People’s Republic of China. In this situation, any dispute arising from or in connection with these Terms or use of the Podmap Platform shall be submitted to the China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. The tribunal shall consist of three (3) arbitrators. The seat of the arbitration shall be Beijing. The language of the arbitration shall be English.
24.2 Cross-border Transactions. If you reside or have your place of establishment in China, and are contracting with Podmap, Inc., these Terms and this Section 24.2 are governed by the laws of Singapore. In this situation, any dispute arising out of or in connection with these Terms or use of the Podmap Platform, including any question regarding the existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
24.3 Without Limitation Provisions. The above Sections 24.1 and 24.2 are expressed to be without regard to conflict of laws provisions and shall not be construed to limit any rights which Podmap may have to apply to any court of competent jurisdiction for any order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of Singapore, the People’s Republic of China, or any other laws that may apply to you.
27.1 Other Terms Incorporated by Reference: Client Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Additional Legal Terms, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the Podmap Platform, are incorporated by reference, and form part of your agreement with Podmap.
27.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Podmap and you pertaining to your access to or use of the Podmap Platform and supersede any and all prior oral or written understandings or agreements between Podmap and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Podmap. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 23.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
27.3 No Waiver. Podmap’s failure to enforce any right or provision in these 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 Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
27.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Podmap’s prior written consent. Podmap may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
27.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Podmap via email, Podmap Platform notification, messaging service, or any other contact method we enable and you provide.
27.6 Third-Party Services. The Podmap Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Podmap is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
27.7 Google Terms. Some translations on the Podmap Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Podmap Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
27.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
27.9 Podmap Platform Content. Content made available through the Podmap Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Podmap and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Podmap Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Podmap grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Podmap Platform and accessible to you, solely for your personal and non-commercial use.
27.10 Force Majeure. Podmap shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, 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.
27.12 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Podmap account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Podmap account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.
PRIVACY POLICY
This Privacy Policy describes how Podmaps, Inc. and its affiliates (“we,” “us,” or “Podmap”), process personal information in relation to your use of the Podmap Platform. Depending on where you live and what you are doing on the Podmap Platform, the supplemental privacy pages listed below may apply to you. Please follow the links and review the supplemental information describing how we process personal information for those regions and services.
Undefined terms in this Privacy Policy have the same definition as in our Terms of Service (“Terms”).
2.1 Information Needed to Use the Podmap Platform.
We collect personal information about you when you use the Podmap Platform. Without it, we may not be able to provide all services requested. This information includes:
2.2 Information You Choose to Give Us.
You can choose to provide us with additional personal information. This information may include:
2.3 Information Automatically Collected by Using the Podmap Platform and Our Payment Services.
When you use the Podmap Platform and Payment Services, we automatically collect personal and other information. This information may include:
2.4 Personal Information We Collect from Third Parties.
We collect personal information from other sources, such as:
3.1 Provide, Improve, and Develop the Podmap Platform. We may process this information to:
If you provide us with your contacts’ information, we may process this information to: (i) facilitate your referral, (ii) share your delivery details, (iii) detect and prevent fraud, and (iv) facilitate your requests or for any other purpose you authorize.
3.2 Create and Maintain a Trusted and Safer Environment. We may process this information to:
3.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing. We may process this information to:
3.4 Analyzing and Sharing Your Communications.
We may review, scan, or analyze your communications on the Podmap Platform for reasons outlined in the “How We Use Information We Collect” section of this policy, including fraud prevention, security investigations, risk assessment, regulatory compliance, product development, research, analytics, enforcing our Terms of Service, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other sites, and subject to applicable law, we scan and analyze all images uploaded by users to the Podmap platform in message threads, profiles, listings, and experiences for certain illegal or inappropriate activities (such as evidence of child exploitation) for the purpose of identifying and reporting content violations to appropriate authorities. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. Occasionally we may need to manually review communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your messaging communications to send third-party marketing messages to you and we will not sell reviews or analyses of these communications. We may also share your communications as set out in the “Sharing & Disclosure” section.
3.5 Linking Third-Party Accounts.
You can link your Podmap account with certain third-party services like social networks. When you direct the data sharing by creating this link:
3.6 Provide Payment Services. Personal information is used to enable or authorize third parties to use Payment Services, such as to:
4.1 Sharing With Your Consent or at Your Direction.
Where you provide consent, we share your information as described at the time of consent, such as when authorizing a third-party application or website to access your Podmap account or participating in promotional activities by Podmap partners or third parties.
Where permissible under applicable law, we may use certain information about you, such as your email address, that we share with social media platforms after de-identifying it to generate leads, drive traffic to Podmap, or otherwise promote our products and services.
4.2 Sharing Between Members.
To help facilitate bookings or other interactions between Members (who may be located in, or use service providers located in, jurisdictions with varying levels of data protection), we may share information in situations such as:
4.3 Information You Publish in Profiles, and Other Public Information.
You can make certain information publicly visible to others, such as:
We may display parts of your public profile and other Content you make available to the public like POD Listing details on third-party sites, platforms, and apps.
Information you share publicly on the Podmap Platform may be indexed through third-party search engines. In some cases, you may opt-out of this feature in your account settings.
4.4 Host Service Providers.
Hosts may use third-party services to help manage or deliver their services, such as delivery services or storage providers. Hosts may use features on the Podmap Platform to share information about the Client (delivery information, Client name, Client phone number) with such third-party service providers.
4.5 Complying with Law, Responding to Legal Requests, Preventing Harm and Protecting Our Rights.
We may disclose your information to courts, law enforcement, governmental or public authorities, tax authorities, authorized third parties, or other Members, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary to: (i) comply with our legal obligations, (ii) comply with a valid legal request (such as a subpoena or court order) or to respond to claims asserted against Podmap, (iii) respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, you, or any other of our users to legal or regulatory liability (iv) enforce and administer our agreements with Members, including our Terms, Additional Legal Terms, and Policies, or (v) protect the rights, property or personal safety of Podmap, its employees, its Members, or members of the public.
Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon or harm to Podmap, our Members, or expose Podmap to a claim of obstruction of justice.
Where legally required or permissible according to applicable law, we may disclose Hosts’ and/or Clients’ information to tax authorities or other governmental agencies for the purpose of the tax authorities’ determination of proper compliance with relevant tax obligations. Relevant tax obligations include Podmap’s tax obligations on its service fees, its facilitation of taxes on accommodations and withholding taxes, and Hosts’ individual tax obligations. Information that may be disclosed includes, but is not limited to, Host and Client names, listing addresses, Host addresses, tax/business identification number(s), date of birth, and/or contact information, property parcel identification numbers, payout information, transaction dates and amounts, number of deliveries Clients booked, gross and net booking value and payout amounts, taxes collected by Podmap on behalf of Clients and Hosts, to the extent any of this information is known by Podmap.
In jurisdictions where Podmap facilitates or requires a registration, notification, permit, or license application or number of a Host with a governmental authority, we may share information of participating Hosts with the relevant authority, both during the application process, when the Listing is published, and periodically thereafter, such as the Host’s full name and contact details, delivery address, tax identification number, registration, permit, or license number, POD Listing details, reservation information, and number of packages booked subject to applicable laws.
4.6 Programs with Managers and Owners.
We may share personal information of Hosts and Clients with landlords, management companies, homeowners’ associations, property owners, and/or property managers (“Building Management”), such as booking information and information related to compliance with applicable laws, in order to facilitate programs with Building Management. For example, client booking and personal information, including client contact information, may be shared with the Building Management of the building, complex, or community where a host is located and/or the listing is located to facilitate hosting services, compliance with applicable laws, security, billing, and other services.
4.7 Host Information Provided to Podmap for Work Customers.
If a booking is designated as being for a business or work purpose and (1) is made by a Client affiliated with an Enterprise and (2) the Enterprise is enrolled in Podmap for Work, we may disclose information related to the booking to the Enterprise (e.g., name of the Host, address, booking dates, POD Listing details, etc.) to the extent necessary for the adequate performance of Podmap’s contract with the Enterprise and to provide the services. At the request of the Enterprise or the Client, we may also share this information with third parties engaged by the Enterprise to provide support services.
4.8 Service Providers.
We share personal information with affiliated and unaffiliated service providers (including their service providers) to help us run our business and for their compliance purposes, including those that help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background checks, fraud prevention, security investigations, and risk assessments, (iv) perform product development, maintenance, and debugging, (v) allow the provision of the Podmap Services through third-party platforms and software tools (e.g., through the integration with our APIs), (vi) provide customer service, advertising, or payments services, (vii) offer additional services you select, (viii) process, handle, or assess insurance claims or similar claims, or (ix) review, scan, and analyze communications on the Podmap Platform for certain purposes (such as evidence of child exploitation). See the Analyzing and Sharing Your Communications section for additional information. These providers are contractually bound to protect your personal information and have access to your personal information to perform these tasks. Other Members can use services other than Podmap to process your data. These can include email or reservation management software. Such services are outside of Podmap’s control and will be subject to applicable laws around the world with varying levels of data protection.
4.9 Business Transfers.
If Podmap undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer, or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.
5.1 Third-Party Partners & Integrations.
Parts of Podmap may link to third-party services. Podmap does not own or control these third parties. When you interact with these third parties and choose to use their service, you are providing your information to them. Your use of these services is subject to the privacy policies of those providers, including Google Maps/Earth Additional Terms of Use, Google Privacy Policy
You can exercise any of the rights described in this section consistent with applicable law. We may ask you to verify your identity and request before taking further action on your request.
6.1 Managing Your Information.
You can access and update some of your personal information through your Account settings. If you connected your Podmap Account to a third-party service, like Facebook or Google, you can change your settings and unlink from that service in your Account settings. You are responsible for keeping your personal information up to date.
6.2 Data Access and Portability.
In some jurisdictions, applicable law may entitle you to request certain copies of your personal information or information about how we handle your personal information, request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format, and/or request that we transmit this information to another service provider (where technically feasible).
6.3 Data Erasure.
In some jurisdictions, you can request that your personal information be deleted. Please note that if you request deletion of your personal information, or if your account is suspended, terminated, or voluntarily closed:
While no organization can guarantee perfect security, we are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unlawful or unauthorized access, loss, destruction, or alteration.
We reserve the right to modify this Privacy Policy at any time in accordance with applicable law. In case of material changes, we will also provide you with notice of the modification by email at least thirty (30) days before the effective date. If you disagree with the revised Privacy Policy, you can cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Podmap Platform will be subject to the revised Privacy Policy.
WordPress VMware Government Cloud Business Sold to It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distributionof letters. Which don’t
WordPress VMware Government Cloud Business Sold to It is a long established fact that a reader will be distracted by the readable content of a page when looking at its layout. The point of using Lorem Ipsum is that it has a more-or-less normal distributionof letters. Which don’t
PodMaps Inc. has selected a team of highly experienced developers from .CodeCue Solutions to lead the development of our Android and IOS applications and for the design of our site!
PodMap app development is progressing smoothly!
We have reached the test rollout stage for our selected group of test users. Full public launch of the app on Android and IOS platforms is expected in February 2023.
Stay tuned for more launch news!
Our site is live and accepting subscriptions to join our platform as a Host or a Client for shipment deliveries!
Check out our latest site now!