BEHERE INC.
USER TERMS OF SERVICES

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE BOOKING ON THE BEHERE PLATFORM. BY USING THE BEHERE PLATFORM, YOU CERTIFY YOU ARE AN ADULT WITH FULL AUTHORITY TO ENTER INTO THIS CONTRACT WITH BEHERE AND THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THESE TERMS AS AN INTEGRAL PART OF YOUR AGREEMENT AND CONTRACT WITH BEHERE.

Last Updated: Jan 7, 2019

These Terms of Service “Terms” constitute a legally binding agreement between you and Behere (as defined below) governing your access to and use of the Behere Platform, including any and all associated services. The Website and Behere Services together are collectively referred to as the Behere Platform. Our Privacy Policy applicable to your use of the Behere Platform is incorporated by reference into this agreement.

When these Terms mention “Behere,” “the Behere Platform”, “Behere Experience”, “we,” “us,” or “our,” it refers to the Behere company you are contracting with. When these Terms mention “User”, “Guest”, it refers to you, the party entering this agreement with Behere.

Upon confirmation of your Behere booking, these terms govern your Behere experience and constitute a binding contract and Terms of Service governing your rights and the relationship between you and Behere. Behere makes no verbal or written representation, warranty or agreements with respect to any Behere experience and Behere’s responsibilities and liabilities are expressly limited as provided in these Terms.

BEHERE is a online booking platform as outlined on its website (www.gobehere.com ) in such capacity we organize and book Behere experience arrangements that are provided by independent third party providers. All services provided in connection with, before, during or after a experience, including but not limited to accommodation, workspace and fitness studios, are provided, owned and operated by independent third party providers, whose employees, facilities, products and services are not subject to Behere’s supervision or control and Behere is not their agent or responsible for their actions or inaction. In such capacity, Behere acts only as a platform for arranging any accommodation, workspace and fitness studios or other suppliers of services connected with Behere experience (“other providers”), and the other providers are solely responsible and liable for providing their respective products, provisions and services.

RESPONSIBILITY
The responsibility of Behere in connection with your experience is strictly limited.

Behere makes no warranty, either express or implied, regarding the suitability, safety, insurance or other aspects of any other provider and any transportation, accommodation, services, products or facilities provided by other providers. You should always exercise due diligence and care when deciding to stay in an accommodation, participate in an experience or event. Images are intended only to indicate a photographic representation of accommodation at the time the photograph was taken, and are therefore not an endorsement by Behere. We are not liable for any claim for loss, damage, injury, death, misrepresentation, delay, inconvenience or disappointment, arising from any action or inaction by any other provider, including but not limited to any negligent or willful act or failure to act of any other provider or of any other third party.

We will not be liable to you in any claim for other than compensatory damages, including but not limited to any indirect, consequential, punitive, special or exemplary, or incidental damages, however caused and whether sought in contract, tort or under any other theory of liability, and regardless of whether we have been advised of the possibility of such damages. Behere shall not be liable to any member for damages for emotional distress, mental suffering or psychological injury of any kind, under any circumstances.

Behere has partners and listings in a number of countries around the world. You agree to assume responsibility for your own safety, and we cannot guarantee your safety at any time. Local conditions, including infrastructure, road conditions, medical care, safety and security, may differ significantly from those found in your home country. At any given moment there are also likely to be “trouble spots” in the world in terms of war, terrorism, crime, Acts of God, civil commotions, labor trouble, and/or other potential sources of harm. The United States Department of State and other governmental and tourist organizations provide information on foreign countries, including details of local conditions in specific cities and countries according to such agency’s perception of risks to travelers. We strongly recommend you obtain and consider such information when making travel decisions. We assume no responsibility for gathering such information or providing it to you.

For your benefit, we strongly recommend you purchase travel protection to protect against loss or damage to baggage and personal effects, trip cancellation and interruption, emergency evacuation, accidental death or injury, illness and medical expenses sustained or incurred in connection with your experience.

BEHERE INC., its subsidiaries, affiliates, managers, members, successors, employees, agents, representatives, assigns (collectively “Behere”) and its designated team members shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons suffered during an experience, whether or not occasioned directly or indirectly by an act or omission of Behere or any other provider, including but not limited to any latent or undisclosed defect in any apartment or other service or property operated or provided by any other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the other providers, or any laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The user waives any claim against Behere and/or its team members for any such loss, damage, injury, or death.

ELIGIBILITY, USE OF THE BEHERE PLATFORM
As a condition of your use of the Behere Platform, you warrant:

you are at least 18 years of age; you possess the legal authority to create a binding legal obligation; you will use the Behere Platform in accordance with these Terms; you will only use this Platform to make legitimate reservations for yourself; all information supplied by you on this Platform is true, accurate, current and complete; and if you have a GOBEHERE.COM account, you will safeguard your account information and supervise and be responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to this Platform and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.

User Verification: For verification and fraud prevention purposes, and as permitted by applicable laws, we may (i) ask users to provide government identification or other information or undertake additional checks to help verify the identities of users and (ii) screen users against third party databases or other sources.

Illegal Activity: All users are expected to abide by the laws in each country visited. If a user at any point performs any illegal activity, Behere is not responsible for legal ramifications of that action.

Right to Expel Users: Behere reserves the right to expel any users from accommodation, workspace and fitness studios, for reasons, including, but not limited to, lack of payment or if we deem it necessary for the comfort, convenience or safety of others, or if we determine you have engaged in illegal actions. If we expel you, you will not be entitled to any refund, payment, compensation or credit of any kind for unused or missed services or costs incurred resulting from the termination of your experience and you will be responsible for your future housing and travel costs.

ACCOMMODATIONS
Booking Accommodation: You understand that a confirmed booking of an Accommodation is a limited license granted to you by the Accommodation Host to enter, occupy and use the Accommodation for the duration of your stay.

Overstaying: You agree to leave the Accommodation no later than the checkout time that is specified in your Pre Arrival Details or such other time as mutually agreed upon between you and the Accommodation Host. If you stay past the agreed upon checkout time without the Accommodation Host’s consent, you no longer are allowed to stay in the Accommodation and the Accommodation Host is entitled to make you leave in a way that is consistent with the applicable law. In addition, you agree to pay, if requested by the Accommodation Host, for each twenty-four hour period (or any portion of it) that you overstay, an additional fee to cover the inconvenience suffered by the Accommodation Host. If you overstay at an accommodation, you authorize Behere to charge you to collect overstay fees on behalf of the host.

Damages: As a Guest, you are responsible for leaving any and all accommodations (including any personal or other property located at the accommodation) in the condition they were in when you arrived. You are responsible for your own acts and omissions, and those of any individuals whom you invite to, or otherwise provide access to, the accommodation, excluding the Accommodation Host (and individuals the Accommodation Host invites to the Accommodation, if applicable).

If an Accommodation Host claims and provides evidence that you, as a Guest, damaged an Accommodation or any personal or other property at an accommodation, Behere will inform you of and give you an opportunity for mediation. If no response or evidence otherwise is provided within 24 hours, you authorize Behere to charge you to collect the damage fees on behalf of the Accommodation Host.

COSTS, FEES, REFUNDS & CANCELLATIONS
Included in Cost: Limited only to; accommodation, and/or workspace, and/or fitness membership and/or events in line with Behere locations, including common workspace; fitness memberships, location hosts, and events, from time to time. All costs are inclusive of taxes.

Not Included: Passport, visa, and permit expenses; medical expenses and immunizations; personal expenses such as meals, laundry, sim cards, telephone calls, alcoholic beverages; and any other items not specifically noted as included. Behere does not provide guidance on visa processes. The responsibility will ultimately be the users to ensure they have the necessary visas to travel.

Service Fees: Behere may charge fees to users, Service Fees, in consideration for the use of the Behere Platform. Any applicable Service Fees will be displayed to a user prior to booking. Behere reserves the right to change the Service Fee at any time, and will provide users adequate notice of any fee changes before they become effective. The applicable Service Fees are non-refundable.

Membership Fees: If a user chooses to opt out of service fees, a $990.00USD one year membership fee is available. This fee is valid for one-year from the date the user first starts a Behere experience. It is nonrefundable. All payments are made by via the Behere Platform online or if necessary, via an invoice issued from the Behere team through our online payment processor. A user can be removed from Behere for non-payment at any time.

Refunds:There are no refunds for Service Fees or Membership Fees. During the experience, no costs will be reimbursed. Arriving late or leaving early, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of the month.

Cancellations: Cancellations are subject to our third-party providers policies. Any and all cancellations within 30 days of check in, will receive no reimbursement.

Locations: Behere reserves the right to remove any locations because of good-faith concerns with respect to the safety, health, or welfare of the users. If a location is canceled after booked, Behere will provide users with a full refund of monies paid to Behere; except in the event the cancellation is due to a significant event that makes it infeasible to operate as planned, in which case Behere will provide users with a refund and/or credit toward a future Behere experience equivalent to monies paid. Except as outlined above when Behere cancels a location, Behere has no responsibility for any expenses, including any non-refundable expenses, incurred by participants in preparing for a cancelled location or for any additional arrangements should users embark prior to their scheduled date.

Documentation: Users are responsible for obtaining any documents required for travel such as a valid passport, all visas, vaccination certificates, and any other documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the users responsibility.

Third Party Websites: The Behere Platform contains links to third-party websites or resources, that may be subject to different terms and conditions and privacy practices. Behere is not responsible or liable for the availability or accuracy of such third-party services, or the content, products, or services available from them. Links to such third-party services are not an endorsement by Behere.

Platform Availability: Behere cannot guarantee the continuous, uninterrupted availability and accessibility of the Behere Platform due to the nature of the Internet. Behere may restrict the availability of the Behere Platform or certain features, if necessary for the security or integrity of our servers, or to carry out maintenance that ensures the proper or improved functioning of the Behere Platform. We may also improve, enhance and modify the Behere Platform and introduce new Behere Services from time to time.

PHOTOGRAPHY
Photographs and videos: We reserve the right to take photographs and video during your time with Behere at Behere related events and activities. By joining Behere, you grant to us the absolute and irrevocable right and unrestricted permission to use and publish your image, or likeness, without compensation, for commercial, advertising, editorial, or any other purpose; and in any manner and medium, whether now known or hereafter devised; and to alter and composite the same without restriction and without your inspection or approval. You hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of your image or likeness.

Photographs and video of your experience may be submitted to us by you or by third parties such as (but not limited to) other users, location hosts, or our partners. By submitting such photographs or video, the party making the submission is representing and warranting (a) that the photo is their original work created solely by themselves and does not infringe the intellectual property rights of any party; (b) that they have obtained any and all necessary releases from subjects depicted in said original work; (c) that they grant to us a worldwide, royalty-free, perpetual, transferable, irrevocable, non-exclusive and fully sublicensable right and license to use, in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all commercial or other uses thereof, including without limitation, reproducing, editing, modifying, adapting, publishing, displaying publicly, creating derivative works from, incorporating into other works or modifying the photo and (d) that they hereby release and discharge us from and against any and all claims, liabilities, costs, damages and expenses of any kind arising out of or relating to the use by us of any photo submitted.

Advertising: To promote Behere, and to increase the exposure to potential users, accommodations, workspaces, fitness studios and other user content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.

TIME LIMITATION; ARBITRATION; CHOICE OF FORUM AND LAW; CLASS ACTION WAIVER:

  1. a) Time Limits for Legal Action: Any claim or legal action whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with your experience or against BEHERE must be commenced within one (1) year from the date of injury, illness or death or the date the incident giving rise to the claim occurred or else shall be irrevocably waived, notwithstanding any provision or law of any state or country or international convention to the contrary.
  2. b) Agreement to Arbitrate; Forum: You agree that any claim or dispute whether based on contract, tort, statutory, constitutional or other legal rights, including without limitation bodily injury, illness to or death of a passenger, alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with your experience or against BEHERE, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration to be administered by the American Arbitration Association (“AAA”) using one mutually selected arbitrator according to the then existing rules of the AAA. The arbitration shall be held in the state of Delaware, to the exclusion of any other forum, and you consent to jurisdiction and waive any objections to arbitration proceeding in Delaware. You agree that the costs of the arbitration shall be split between the parties The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionable, or formation of this contract and the arbitration agreement, including but not limited to any claim that all or any part of these terms and conditions are void or voidable. Any action to enforce the arbitrator’s decision shall be brought in the state or federal courts in Delaware. In the event the arbitration provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then, the provisions of subsection (c) below governing forum shall exclusively apply to any lawsuit involving claims described in this subsection.

NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

You and we further agree to permit the taking of a deposition under oath of the user asserting the claim, or for whose benefit the claim is asserted, in any such arbitration.

  1. c) FORUM FOR ALL OTHER CLAIMS: ANY AND ALL CLAIMS OR DISPUTES RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTED WITH THIS CONTRACT OR YOUR EXPERIENCE AGAINST BEHERE AND NOT SUBJECT TO ARBITRATION UNDER SUBSECTION (b) ABOVE SHALL BE LITIGATED, IF AT ALL, IN AND BEFORE THE COURTS OF THE STATE OF DELAWARE, U.S.A., TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE AND COUNTRY. ANY AND ALL CLAIMS OR DISPUTES RELATING TO, ARISING OUT OF OR CONNECTED WITH YOUR EXPERIENCE AGAINST ANOTHER PROVIDER OR A NON-AFFILIATED THIRD PARTY SHALL BE BROUGHT, IF AT ALL, WHEREVER SUCH ENTITIES MAY BE PROPERLY SUBJECT TO JURISDICTION.
  2. d) Choice of Law: Any claim or dispute relating to, arising out of or connected with your trip and provision of services other than on a vessel, whether subject to arbitration or otherwise, shall be governed by the laws of the State of Delaware without regard to conflict of law principles. Any claim or dispute relating to, arising out of or connected with any vessels, whether subject to arbitration or otherwise, shall be governed by the general maritime law of the United States, and if not inconsistent, the laws of the State of Delaware without regard to conflicts of law principles.
  3. e) WAIVER OF CLASS ACTION: THESE TERMS AND CONDITIONS PROVIDE FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION OR ARBITRATION ON YOUR OWN BEHALF INSTEAD OF THROUGH ANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU AGREE THAT ANY ARBITRATION OR LAWSUIT AGAINST US WHATSOEVER SHALL BE LITIGATED BY A USER INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND EACH USER EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING USERS TO PARTICIPATE IN A CLASS ACTION. IF A CLAIM IS SUBJECT TO ARBITRATION UNDER SUBSECTION (b) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. EACH PARTICIPANT AGREES THAT THIS CLASS ACTION WAIVER SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SUBSECTION (b) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.

GENERAL PROVISIONS
No employment, or partnership exists between you and Behere as a result of your use of the Behere Platform or this Agreement.

If any provision of these Terms of Service is held to be invalid or unenforceable, that provision will be struck and will not affect the validity and enforceability of the remaining provisions.

If you have any questions about these Terms please email support@gobehere.com.