Terms of Service.

This agreement applies as between you, the User of this Web Site and Abodeio, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site and Abodeio Services immediately.

Abodeio is a service provider, our goal is to support our Members to publish and offer Accommodation and other Host Services on Online Travel Agencies and other third party websites such as Airbnb, Vacation Rental by Owner (VRBO), Booking.com, Google Vacation Rentals and Expedia.com. Members who publish and offer Host Services are “Hosts” and Members who search for, book, or use Host Services are “Guests.”

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Abodeio” / “Us” / “Our” / “we”

means IO Group Limited trading as Abodeio of 100 Moorhouse Avenue, Addington, Christchurch, 8011, New Zealand;

“Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Host”

means a Member who offers Accommodation or other Host Services to a Guest;

“Host Services” / “Accommodation”

means any product or service provided by a Host to a Guest;

“Listing”

means a published advertisement promoting Host Services to Guests;

“Member”

Means a User that has registered as a Host or purchased a service or product from Abodeio;

“Online Travel Agent” / “OTA”

means any third-party website or company that enables Hosts to advertise accommodation and Host Services to Guests;

“Service”

means collectively any online facilities, tools, services or information that Abodeio makes available to Users or Hosts, through the Web Site or other means either now or in the future;

“System”

means any online communications infrastructure that Abodeio makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” / “You”

means any third party that accesses the Web Site and is not employed by Abodeio and acting in the course of their employment; and

“Web Site”

means the website that you are currently using (www.abodeio.com).

2. Intellectual Property

2.1. All Content included on the Web Site, unless provided by Hosts or Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Abodeio, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable New Zealand and International intellectual property and other relevant laws.

2.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Abodeio.

2.3. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in the Copyright Act 1994 apply.

3. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Abodeio or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

4. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site Abodeio without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Abodeio. To find out more please contact us by email at hello@abodeio.com.

5. Privacy

5.1. For the purposes of applicable data protection legislation, Abodeio will process any personal data you have provided to it in accordance with Privacy Policy available on the Abodeio website or on request from Abodeio.

5.2. You agree that, if you have provided Abodeio with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer of such personal data to Abodeio and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Abodeio’s website or otherwise provided a copy of it to the third party. You agree to indemnify Abodeio in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

6. Disclaimers

6.1. Abodeio makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

6.2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

7. Availability of the Web Site

7.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

7.2. Abodeio accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

8. Services Offered

8.1. Abodeio is a service provider that supports Hosts and other registered Users to publish Accommodation and other Host Services on Online Travel Agencies including but not limited to Airbnb, Vacation Rental by Owner (VRBO), Expedia Group and Booking.com Group.

8.2. Abodeio does not own, create, sell, resell, provide, control, offer, deliver, or supply any Accommodation or Host Services. Abodeio is an intermediary that supports Hosts to promote Host Services.

8.3. Hosts give permission for Abodeio to promote Host Services, including but not limited to publishing online information, Listings and profiles of the Host, Accommodation and Host Services on Online Travel Agencies and other third-party websites. Hosts will validate the content of any such Listings and profiles to be true and accurate.

8.4. Hosts alone are responsible for their Listings and Host Services. When Guests or Hosts make or accept a booking, they are entering into a contract directly with each other. Abodeio is not a party to or other participant in any contractual relationship between Guests and Hosts.

8.5. Abodeio will to the best of its abilities respond to all Guest enquiries and booking requests on behalf of the Host. Abodeio will keep a record of all Host Services to enable it to provide accurate and timely information to Guests. Abodeio accepts no liability for the accuracy of information it provides regarding Host Services to Guests (see clause 16. Limitation of Liability).

8.6. Abodeio will provide booking and cancellation notifications and updates to anyone the Host specifies, including cleaning companies if required.

9. Account Registration

9.1. Using some aspects of our Services, requires you to register with us and to open an account. At the time of registration, you agree to provide us with the personal and other information that is necessary to offer you our Services. Information must be true, accurate, complete and kept up to date and may include but are not limited to the following. Your name, age, email address, mobile number, payment or banking details and identification documents.

9.2. You should note that a failure to provide true, accurate, complete and up to date details forces us to end the relationship with you and to immediately terminate the Services offered to you. Also, that you are responsible for all activity on your account, whether or not you authorize it.

9.3. You must not select or use the account of another person with the intent to impersonate that person or use the account of another person without having their expressed authorisation. Please note that in any such case we reserve the right to refuse a registration or to cancel an account at our discretion.

9.4. You must be at least eighteen (18) years of age. If you are not of legal age in your country of residence.

10. Account, Password and Security

You may receive a passwords and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account and of any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

11. Payment Terms

11.1. Unless otherwise indicated on the Website, the Guest will upon booking directly pay the Host or Online Travel Agency for Host Services the amount owing for the agreement established between the Host and the Guest via the website.

11.2. The Guest will make payment by means of the payment methods on offer as part of the order process and/or on the OTA website.

11.3. The parties acknowledge that Abodeio forms no part in the agreement between Guest and Host. Abodeio bears no responsibility for the transfer of booking revenue to the Host in accordance with these Terms and Conditions.

12. Cleaning and Utilities

The Host accepts responsibility for all cleaning services, linen services, laundry services, gas, electricity, telephone, internet and subscription television services offered and advertised through OTAs and www.abodeio.com.

13. Fees

13.1. Abodeio charges an annual membership fee, this is currently NZD $245 per year ("Membership Fee") and in addition a service fee (“Service Fee”) which is calculated on the gross monthly revenue received by Hosts from Guests or other Members, in consideration for the use of Abodeio`s Services.

13.2. Abodeio agrees to provide the host with a minimum and maximum base rent and to determine the best price within the range as determined through Abodeio`s pricing algorithms.

13.3. Any applicable Accommodation or Host Services fees (including any applicable Taxes) will be displayed to a Guest prior to confirming a booking.

13.4. Abodeio reserves the right to change the Membership Fee and Service Fee at any time and will provide Hosts at least thirty (30) days’ notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

13.4. The Host agrees to pay any Membership Fee and Service Fee that is owed to Abodeio within 7 days of being issued an invoice from Abodeio.

13.5 Abodeio may securely store a Hosts payment information in order to automatically charge the Membership Fee or Service Fee when such fees become due.

14. Booking Guarantee

Abodeio warrants and guarantees that the host will earn the membership fee back in the first 14 nights hosting, or we refund it. To be eligible for the refund, the host must first have guests stay for 14 nights.

15. Occupancy Level

Notwithstanding any other terms of this Agreement, Abodeio agrees to use best endeavours to attract new and returning guests and cannot assume any responsibility for, nor warrant a specific occupancy level.

16. Limitation of Liability

16.1. To the maximum extent permitted by law, Abodeio accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of Abodeio Services, the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

16.2. Nothing in these terms and conditions excludes or restricts Abodeio’s liability for death or personal injury resulting from any negligence or fraud on the part of Abodeio.

16.3. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Fair Trading Act 1986. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

17. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

18. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

19. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to hello@abodeio.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

20. Law and Jurisdiction

These terms and conditions and the relationship between you and Abodeio shall be governed by and construed in accordance with the Law of New Zealand and Abodeio and you agree to submit to the exclusive jurisdiction of the Courts of New Zealand.

21. Termination

You may terminate this agreement at any time by sending us an email to hello@abodeio.com. Abodeio may terminate this agreement for any reason by giving you thirty (30) days’ notice via email or using any other contact information you have provided for your account. Abodeio may also terminate this agreement immediately and without prior notice if you materially breach these Terms or if you violate applicable laws.

On termination of this agreement, Abodeio reserves the right to charge its Service Fee for all Accommodation & Host Services that are confirmed at the time of termination.

22. Modification of these Terms.

Abodeio may modify these Terms at any time. When we make changes to these Terms, we will provide you with notice of the proposed changes by email at least thirty (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 Abodeio Services will constitute acceptance of the revised Terms.

23. Dispute resolution

If there is dispute between the Abodeio and its Users or Members arising out of, or in connection with, this Agreement, neither of the parties is to commence any proceedings relating to that dispute until the following procedure has been complied with:

(a) The party claiming a dispute has arisen must give written notice to the other party specifying the nature of the dispute.

(b) The parties will endeavour, in good faith, to resolve the dispute referred to in the notice by using informal dispute resolution techniques.

(c) If the parties do not agree on a dispute resolution technique within 14 days after the date notice of a dispute was given, the dispute is to be mediated according to the standard mediation agreement of LEADR New Zealand Incorporated (Lawyers Engaged in Alternative Dispute Resolution), and the Chair of LEADR (or the Chair's nominee) will select the mediator and determine the mediator's remuneration.

(d) Nothing in this clause shall prevent any party from seeking urgent interlocutory relief.

(e) Pending resolution of the dispute, this Agreement will remain in full effect without prejudicing the parties' respective rights and remedies.

(f) The party claiming a dispute, by notice in writing, refer any dispute not settled pursuant to clause 17 Dispute resolution, either to arbitration in accordance with the provision of the Arbitration Act 1996, or to a Court of competent jurisdiction within New Zealand.

(g) The parties agree that pending final resolution of any dispute, neither of them shall make any press release, public announcement or statement concerning the subject matter of the dispute to any person or organisation (save as expressly or by implication authorised by both parties).