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Payments Terms of Service for Users in US

DEFINITIONS. Undefined terms in this agreement have the same definition as in our Terms of Service (“Terms”)

These Payments Terms of Service for users in US (“Payments Terms,” “Payment Terms,” "these terms" or "these Terms") are a binding legal agreement between you and BacheloretteStays LLC that govern the Payment Services (defined below) conducted through or in connection with the BacheloretteStays Platform. When these Payments Terms mention “BacheloretteStays,” “we,” “us,” or “our,” it refers to BacheloretteStays LLC, a Delaware Limited Liability Company File No. 10017280. By viewing or receiving these Payments Terms, among other means, and continuing to access and use the BacheloretteStays Platform thereafter (or if you have a Listing or account with BacheloretteStays, not immediately informing BacheloretteStays of your disagreement with these terms), you agree to these Payments Terms and all referred Terms as well as all Terms governing the use of the BacheloretteStays Platform, see Section 12.2.

BacheloretteStays provides payments services to Members publishing, offering and booking Accommodations, Experiences or other Host Services, and other current and future services provided via the BacheloretteStays Platform. These payment services are provided for the benefit of Hosts and may include (if available) the following (collectively, “Payment Services”):

• Collecting payments from Guests (“Payin”), by charging the payment method associated with their reservation, such as credit card, debit card, bank account or PayPal account, digital wallet or installments product provided by a credit provider (“Payment Method”);

• Effecting payments to Hosts (“Payout”) to a financial instrument associated with their Listing, such as a PayPal account, bank account, a prepaid card, or a debit card (“Payout Method”);

• Effecting payments to a third-party Payout Method designated by a Host;

• Other payment related services in connection with Host Services.

In order to use the Payment Services, you must be at least 18 years old, must have a BacheloretteStays Listing in good standing in accordance with the BacheloretteStays Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete. Any modification of other terms referenced in this agreement, including but not limited to the Terms of Service and any information in the FAQs may change according to policies outlined in those documents/pages and are not governed by change notification clauses from this agreement. Other policies and terms (not necessarily exhaustive) can be found here and here.

1. Your use of the Payment Services

1.1 BacheloretteStays Payment Services.

By using the Payments Services, you agree to comply with these Payments Terms. BacheloretteStays 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. BacheloretteStays may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. BacheloretteStays will make a good faith effort to 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 or require the use of 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. BacheloretteStays is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by BacheloretteStays of those Third-Party Services.

1.3 Your Payment Services.

By providing BacheloretteStays or any Third Party Services we use to provide Payment Services with the payment method and all relevant information required to complete payments you represent that you have the authority to act on behalf of the account holder. You acknowledge and agree that anyone you authorize to communicate with BacheloretteStays may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

1.4 Identification and Verification.

You authorize BacheloretteStays, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide, and if applicable, verifying the identity of the representative(s) and beneficial owner(s). This may include (i) screening you and, if applicable, your representative(s) and beneficial owner(s) against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you and, if applicable, your representative(s) and beneficial owner(s) to provide a form of government identification (e.g., driver’s license or passport) to check your name, place and date of birth, your address, nationality and/or other information which we deem necessary under applicable laws; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). BacheloretteStays 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. Host Terms

2.1 Payment Collection.

BacheloretteStays generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.

2.2 Valid Payout Method.

In order to receive a Payout you must have a valid Payout Method linked to your Listing. When you add a Payout Method to your BacheloretteStays, you will be asked to provide information such as name, government identification, tax ID, billing address, and financial instrument information either to BacheloretteStays 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 BacheloretteStays requires for a valid Payout Method may change, and BacheloretteStays may request additional information at any time; failing to provide requested information may result in BacheloretteStays temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize BacheloretteStays to collect and store your Payout Method information in accordance with BacheloretteStays’s Privacy Policy. BacheloretteStays may also share your information with governmental authorities as required by applicable law.

2.3 Timing of Payout

2.3.1

Subject to and conditional upon successful receipt of the payments from Guest, BacheloretteStays will generally initiate Payouts to your selected Payout Method for Accommodations, 24 hours after the Guest’s scheduled check-in time (or 24 hours after 3:00 pm local time - or 3:00 pm UTC if local time is unknown - if the check-in time is flexible or not specified). For Accommodation bookings of twenty-eight (28) nights or more, BacheloretteStays will generally initiate the first payout 24 hours after the Guest’s scheduled check-in time, and will initiate future payouts every 30 days after the initial payout, for the duration of the reservation.

2.3.2

BacheloretteStays 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 BacheloretteStays may depend upon the Payout Method you select.

2.4 Payout.

Your Payout for a booking will be the Total Price less applicable fees like BacheloretteStays service fees. In the event of cancellation of a confirmed booking, BacheloretteStays will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.

2.5 Payout Restrictions.

BacheloretteStays 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, BacheloretteStays 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).

2.6 Payout Currency.

BacheloretteStays will remit your Payouts in US dollars. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and BacheloretteStays is not responsible for any such fees and disclaims all liability in this regard.

2.7 Limits on Payouts.

For compliance or operational reasons, BacheloretteStays may limit the amount of a Payout. If you are due an amount above that limit, BacheloretteStays may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.

2.8 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 BacheloretteStays 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 from such third-party payment service providers. Please review them before using your Payout Method.

2.9 Handling of Funds.

BacheloretteStays may combine amounts that it collects from Guests and invest them as permitted under applicable laws. BacheloretteStays will retain any interest it earns on those investments.

2.10 Your Payout Method, Your Responsibility.

BacheloretteStays is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.

2.11 Different ways to get paid

2.11.1 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”), BacheloretteStays may make available to such Hosts the option to allocate between the members of the Host Team the total Host Payout for a booking. BacheloretteStays 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.

2.11.2

You will be solely responsible for collecting any payment directly from Guests for any incidentals or any upgrades requested by Guests once at your property. You agree not to honor any Guest requests that may result in BacheloretteStays refunding any portion of the Total Price without first confirming with BacheloretteStays that such requests are acceptable.

3. Appointment of BacheloretteStays as Limited Payment Collection Agent

3.1

Each Host, including each Host Team member, hereby appoints BacheloretteStays as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.

3.2

Each Host, including each Host Team member, agrees that payment made by a Guest through BacheloretteStays, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that BacheloretteStays may refund the Guest in accordance with the Terms. Each Host understands that BacheloretteStays’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. BacheloretteStays guarantees payments to Host(s) only for such amounts that have been successfully received by BacheloretteStays from Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, BacheloretteStays assumes no liability for any acts or omissions of the Host.

4. General Terms

4.1 Fees.

BacheloretteStays may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms, via the BacheloretteStays Platform or by alternative means of communication such as email.

4.2 Payment Authorizations.

You authorize BacheloretteStays to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging or debiting the Payment Method associated with the Listing, or any other Payment Method that you authorize in BacheloretteStays to use, or (ii) by withholding the amount from your future Payout. Specifically, you authorize BacheloretteStays to collect from you:

• Any amount due to BacheloretteStays (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Host), including reimbursement for costs prepaid by BacheloretteStays on your behalf. Any funds collected by BacheloretteStays will deduct the amount owed by you to BacheloretteStays and extinguish your obligation to BacheloretteStays.

• Any amount you pay through resolution of Host - Guest disputes

• Any Damage Claim amounts owed to BacheloretteStays in accordance with the Terms

• Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Host, you cancel a confirmed booking).

• Any amounts already paid to you as a Host despite a Guest canceling a confirmed booking or BacheloretteStays deciding that it is necessary to cancel a booking in accordance with the Terms, Major Disruptive Events Policy (FAQs), or other applicable cancellation policy. You agree that in the event you have already been paid, BacheloretteStays will be entitled to recover the amount of any such guest refund from you, including by subtracting such refund amount out from any future Payouts due to you.

If you owe an amount at any time after a booking, such as with Booking Modifications, resolution center payments, or Damage Claims (“Additional Amounts”), you authorize BacheloretteStays to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant Listing without any further action on your part. BacheloretteStays 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. You authorize BacheloretteStays to charge or debit the Payment Method related to your Listing again or use any other Payment Method on file associated with your BacheloretteStays Listing(s), if available, to collect such Additional Amounts. Your bank may charge you an overdraft or other fees for each payment failure. 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 BacheloretteStays has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and BacheloretteStays released the payout for such stay, BacheloretteStays may recoup from you such amount by reducing, deducting 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 BacheloretteStays collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

4.3 Collections

4.3.1

If BacheloretteStays is unable to collect any amounts you owe under the Terms and these Payments Terms, BacheloretteStays may engage in collection efforts to recover such amounts from you.

4.3.2

BacheloretteStays will deem any owed amounts overdue when: (a) for authorized charges, sixty (60) days have elapsed after BacheloretteStays first attempts to charge or debit your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, sixty (60) days have elapsed after the adjustment is made to the Host’s account or the associated services have been provided, whichever is later.

4.3.3

BacheloretteStays will deem any overdue amounts not collected to be in default when ninety (90) days have elapsed: (a) for authorized charges or debits, after BacheloretteStays first attempts to charge or debit 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 account or the associated services have been provided, whichever is later.

4.3.4

You hereby explicitly agree that all communications in relation to amounts owed will be made by any electronic means or by phone as provided to BacheloretteStays by you. We will make a good faith effort to contact you via the channels available. Such communications may be made by BacheloretteStays, or by anyone on their behalf, including but not limited to a third-party collection agent. Third-party collections agents may employ different methods, including but not limited to in-person visits, for which BacheloretteStays assumes no responsibility and disclaims all liability in this regard.

4.4 Payment Processing Errors

4.4.1

BacheloretteStays 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 BacheloretteStays 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, deducting and/or debiting the amount of such funds from any future Payouts owed to you.

4.4.2

To the extent you receive any funds in error, you agree to immediately return such funds to BacheloretteStays

4.5 Refunds

4.5.1

Any refunds or credits due to a Member pursuant to the Terms, Major Disruptive Events Policy (FAQs), will be initiated and remitted by BacheloretteStays in accordance with these Payments Terms.

4.5.2

Subject to this Section 4.5.2, BacheloretteStays will initiate the refund process immediately. In case of a cancellation by Host, BacheloretteStays will hold the funds for up to 72 hours until the Guest is either refunded or the Guest directs BacheloretteStays 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 BacheloretteStays 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, BacheloretteStays will initiate and process the refund as soon as is practicable.

5. Damage Claims and Damage Amounts

5.1

If you are responsible for Damage Claim amounts, pursuant to Section 15 of the Terms, BacheloretteStays may charge the Payment Method method on file in your BacheloretteStays Listing(s) at the time of the Damage Claim or reasonably thereafter in order to collect Damage Claim amounts, up to a maximum amount as defined in Section 15 of the Terms.

5.2

You agree that BacheloretteStays may seek to recover from you under any insurance policies you maintain and that BacheloretteStays 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, or payment requests made by Hosts under the Damage Protection in the Terms Section 6.

6. Abandoned Property

If BacheloretteStays holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.

7. Prohibited Activities

7.1

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:

• breach or circumvent any applicable laws or regulations;

• breach or circumvent any agreements with third parties, third-party rights, or the Terms, or any other terms referenced here or communicated to you or posted on the BacheloretteStays Platform;

• use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;

• register or use any Payment Method or Payout Method with BacheloretteStays that is not yours or you do not have authorization to use;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by BacheloretteStays or any of BacheloretteStays’ providers or any other third party to protect the Payment Services;

• take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;

• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or

• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

7.2

We are required to act in accordance with our internal policies and the laws of various jurisdictions relating to the prevention of money laundering and the implementation of sanctions including: (i) economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U.S. government, including those administered by the Office of Foreign Asset Control or the U.S. Department of State; or (ii) by the United Nations Security Council. You will comply with any relevant financial sanctions and any relevant export control laws applicable to you and to your local jurisdiction.

8. Force Majeure

BacheloretteStays shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from abnormal or unforeseeable circumstances outside the reasonable control of BacheloretteStays, the consequences of which would have been unavoidable despite all efforts to the contrary, 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. Disclaimers

9.1

You use the Payment Services 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 BacheloretteStays’ appointment as the limited payment collection agent of Hosts pursuant to Section 3, BacheloretteStays explicitly disclaims all liability for any act or omission of any Member or other third party. BacheloretteStays 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. Liability

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 BacheloretteStays or Third Party Provider account in any way, or authorize them to communicate with us on your behalf, you are responsible for the actions taken by that person. Neither BacheloretteStays 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 BacheloretteStays 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. Except for our obligations to pay amounts to applicable Hosts pursuant to these Payments Terms, in no event will BacheloretteStays’ 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 the amounts paid by BacheloretteStays to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), 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 BacheloretteStays 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.

11. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at BacheloretteStays’ option), indemnify, and hold BacheloretteStays 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. Modification, Term, Termination, and other Measures

12.1 Modification.

Except as otherwise required by applicable law, BacheloretteStays 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 BacheloretteStays Platform. If you are affected by the modification, we will make good faith attempts to notify you of any material changes prior to the revised Payments Terms taking effect. If you disagree with the revised Payments Terms, you may terminate this agreement immediately. If you do not terminate your agreement before the date the revised Payments Terms become effective, your continued access to or use of the BacheloretteStays Platform and/or Payment Services will constitute acceptance of the revised Payment Terms.

12.2 Term.

This agreement between you and BacheloretteStays reflected by these Payment Terms is effective when you have a Listing on the BacheloretteStays Platform or BacheloretteStays or Provided Third Party account and receive or view these terms via the platform or any communication method we have used to communicate with you previously or that you have indicated explicitly or implicitly is a method by which you can be reached, and remains in effect until either you or we terminate this agreement in accordance with Section 12.3.

12.3 Termination.

You may terminate this agreement at any time by sending us an email at the contact in our FAQs. Terminating this agreement will also serve as notice to cancel your BacheloretteStays Listing and any Provided Third Party services and accounts pursuant to the Terms. Without limiting our rights specified below, BacheloretteStays may terminate this agreement for convenience at any time by making a good faith effort to contact you prior to termination. BacheloretteStays 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) BacheloretteStays believes in good faith that such action is reasonably necessary to protect other Members, BacheloretteStays, or third parties.

12.4 Suspension and Other Measures.

BacheloretteStays 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 BacheloretteStays believes in good faith that such action is reasonably necessary to protect the personal safety or property of BacheloretteStays, its Members, 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 Effect of Termination.

If you cancel your BacheloretteStays Listing(s) and/or account and/or relationship as a Host or BacheloretteStays takes any of the measures described above, BacheloretteStays may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. 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 BacheloretteStays account or Listing or attempt to access and use the Payment Services through a BacheloretteStays of another Member.

12.6 Survival.

Sections 4 through 17 of these Payments Terms shall survive any termination or expiration of this agreement.

13. Governing Law and Dispute Resolution

THE SAME GOVERNING LAW AND DISPUTE RESOLUTION SECTION AS CONTAINED IN THE TERMS OF SERVICE SECTION 17 ALSO APPLIES TO THESE TERMS. ALL REFERENCES TO “TERMS” IN THAT SECTION IS TO BE TAKEN TO MEAN “PAYMENT TERMS” AND APPLY TO THIS AGREEMENT WHEN USED IN REFERENCE TO THE SUBJECT MATTER OF THIS AGREEMENT.

14. United States Arbitration Agreement

THE SAME UNITED STATES ARBITRATION SECTION AS CONTAINED IN THE TERMS OF SERVICE SECTION 18 ALSO APPLIES TO THESE TERMS. ALL REFERENCES TO “TERMS” IN THAT SECTION IS TO BE TAKEN TO MEAN “PAYMENT TERMS” AND APPLY TO THIS AGREEMENT WHEN USED IN REFERENCE TO THE SUBJECT MATTER OF THIS AGREEMENT.

15. Miscellaneous

15.1 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 BacheloretteStays and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between BacheloretteStays 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.

BacheloretteStays’ 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 BacheloretteStays's prior written consent. BacheloretteStays may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, and will make a good faith effort to provide prior notice.

15.4 Notices.

Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by BacheloretteStays via email, BacheloretteStays Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide.

17. Additional Clauses for Users that are Businesses

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).

17.1

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.

17.2

You and your Representative individually affirm that you are authorized to provide the information described in Section 2.2 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.

17.3

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.

17.4

If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with BacheloretteStays for Work, as permitted by your account, you authorize BacheloretteStays to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.

17.5

For any Payout Method linked to your BacheloretteStays Listing(s), you authorize BacheloretteStays to store the Payout Method, remit payments using the Payout Method for bookings associated with your BacheloretteStays Listing(s) and/or account or Provided Third Party accounts and take any other action as permitted in the Payments Terms in respect of the Payout Method.

17.6

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.