Welcome to the 5ense.me website (the “Website”). The first stage in the life cycle of any organization is its creation. This Website is provided to assist guests/visitors in gathering specific and/or general information and/or impressions on social life, leisure/holiday, travel and/or relocation, determining the availability of certain related localized products/items/services/topics, public services/facilities for making legitimate inquiries, reservations or otherwise transacting business as clients/customers with our Suppliers/Providers. Our website www.5ense.me, is an intellectual property right and interactive conceptual initiative, created, managed and owned by idealistic Parasol Research Development Foundation (South America | Amazon – Suriname), registered via certified deed by legal authorized Notary. The terms “we”, “us”, “our” and “5ense.me” refer to 5ense.me. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
All transactions and/or purchases made on this Site are subject to the relevant supplier’s/provider’s conditions in addition to these Site conditions. We recommend that you print a copy of the applicable transaction conditions when making one. Transaction conditions contain limitations and exclusions of liability, and cancellation and amendment charges are payable if a transaction/purchase is cancelled or amended after it has been confirmed. All certain brand names, logos, and/or specific trademarks of the products and/or services depicted or referenced on this site are bound by property right(s) and/or copyrights of their respective owner(s).
No warranties, promises or representations of any kind, express or implied, are given as to the accuracy of any of the information on this Site or as to the nature, standard, suitability or otherwise of any services offered by us or on our behalf. We shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential or other) that may arise as a result, directly or indirectly, from the use of any of the information or material contained on this Site and/or the use of or access to any other information or material via web links from this Site, or any ability/inability to access this Site. These exclusions of liability apply only to the extent permitted by law and, except for information or material accessed via other sites or supplied by an identified third party, where consistent with the applicable transaction conditions. If any of these exclusions, in whole or in part, are found to be unlawful, void or unenforceable for any other reasons, that exclusion or part of the exclusion shall be deemed sever-able and shall not affect the validity or enforce-ability of the other exclusion(s) or part(s) of the exclusion(s) in question.
5ense.me may change any aspect of this Site or its content, including the availability of any suppliers, features, information, or other content, at any time without notice. The information and prices on this Site are not ‘live’ and are updated from time to time. Every effort is made to ensure the accuracy of all information and prices but, regrettably, errors do occasionally occur. Where a price is obviously incorrect due to a system error, we shall not be bound by such price. The prices and any discounts shown on this Site are applicable to 5ense.me Additional cost may be applicable by use of certain 5ense.me -Plus Service(s)- however continues notified on same specific webpage.
This Site is provided on an ‘as is’ and ‘as available’ basis. We do not accept any liability in respect of your ability/inability to access or use this Site at any time or for any interruption in that access or use, or for any failure to complete any transaction. We do not warrant that this Site is free from computer viruses or other properties that may cause loss or damage due to force majeure.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. You may not amend this Agreement. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
Here is a quick summary, which in no way substitutes for reading the entire Agreement:
1) We offer our visitors as previous above described Clients/Guests intermediate suppliant on short-, mid-, and/or long term period accommodating facilities/stay service(s) and/or subsequent information concerning certain area related product(s)/service(s) and/or information. However, we are not a Tourist Authority, travel agency and we do not deliberately provide or own travel services or accommodations ourselves unless specifically stated. When you inquire information, book a rental and/or purchase any product, service, item you will be dealing with our suppliers directly, including the full refund and cancellation policies/terms of each supplier. Although we are intermediary and facilitate for any initial information and /or purchase via 5ense.me we cannot be held accountable on any transaction per subject/object as we do not control/decide through certain determining head-management, co-/ownership nor are we the actual producers for that matter unless explicitly stated.
2) We collect visitors reviews as Guests and /or Clients who realized any confirmed transaction. If you are submitting a review, we will protect any privacy though we have the right to publish your review.
3) We gather and list specific enriched information about Third Parties. If we include information about topics/items/products/services you manage or own, you agree that you will provide us accurate information concerning your guests reviews and you give us the right to publish and use this as full transparent information.
4) People use 5ense.me to gather and/or supply clear efficient information. Various options are available to list personal and/or business owned facility, accommodation, property and/or real estate with any kind of furnishings and/or quality model/status. 5ense.me allows and deploys certain 5ense.me category standards via related business model agreement. Other options are available to list and/or publish personal and/or business owned products, items, topics and/or services in any kind of character and/or quality status. 5ense.me allows and deploys certain 5ense.me category standard(s) via specific related business model agreement (additional fixed costs applies) explicitly through our One Promotion Plan respectively: -Start-, -Bronze-, -Silver-, -Gold-, -Platinum- business model agreements. Motto is to help information seekers by clear handy efficient content information only via use of our User Interface (UI) and if available submitting guest reviews and experience about Third Party(ies) content as certain specific or general offered service- and/or product portfolio via our internal guide ShoppossessMe.
5ENSE.ME OFFERS PLATFORM AS A SERVICE WEBSITE(S) AND WE ARE NOT A PARTY TO ANY TRANSACTIONS OR TRANSACTIONS FOR THIRD PARTY CONTENT UNLESS EXPLICITLY STATED.
In general we do not own or manage any physical product and/or service as listed on the Website 5ense.me and act as a venue for possible “360˚panorama” and focus merged within our handy scope view(s). Core is to allow creation on publishing and/or sales for accommodation-, property-, facility-, topic-, item-, and/or service-, product for Supplier(s)/Provider(s) and/or owner(s) (Third Parties) product portfolio. Eg. a hotel resort as base set for certain comfort can be surrounded by possible additional location based and/or location free based primary and/or secondary enriched luxury service- and/or product content (product portfolio) as specific and/or significant general information offered toward potential Guests/Clients as our users and/or visitors. The ability for you to respond, interact and/or transact with determined content is Website integrated. Third Party(ies) represents Supplier(s)/Provider(s) product portfolio who responsibly and necessarily provide strong secure SSL payment transaction platform.
As platform as a service venue we partially facilitate the full transaction(s) between Supplier/Provider and Guest/Client. As a result, any part of an actual or potential transaction between a Guest/Client and a Supplier/Provider including the quality, condition, safety or legality of the product portfolio advertised, the accuracy of the listed content, the ability of Supplier/Provider product portfolio or the ability of Guest/Client to pay for any product/service are solely the responsibility of each user. You fully acknowledge and agree that you may be required to enter into a separate rental-, purchase- or lease agreement with the Supplier(s)/Provider(s) prior to making a confirmed transaction on any product and/or service and such agreement may place specific additional restrictions, conditions and/or warranties/guaranties on your transaction purchase within certain product portfolio.
Please be aware that, even though we are not a party to any transaction and assume no liability for legal compliance pertaining to topic, item and/or product service listed on the Website, there may be circumstances where we are nevertheless legally obligated, as we determine in our sole discretion, to provide information relating to any listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (I) you are at least 18 years of age, (II) you possess the legal authority to create a binding legal obligation, (III) you will use this Website in accordance with this Agreement, (IV) you will only use this Website to make legitimate publications, purchases or reservations for you or for another person for whom you are legally authorized to act, (V) all information supplied by you on this Website is true, accurate, current and complete, and (VI) if you have a 5ense.me account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Children’s Online Privacy Protection Act
The Site is not designed or intended to collect information from children under the age of 13. 5ense.me does not knowingly collect or maintain any information from children under the age of 13. The Site is not designed with the purpose of attracting any person under age 13. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, if you are under the age of 18, you should only use the Site with the involvement of a parent or guardian.
PRIVACY POLICY
5ense.me believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of 5ense.me, to understand our practices: Privacy Policy.
If you provide your email address to 5ense.me, you agree to allow us to add your email to our database of users. You may receive one or more promotional emails either from us or one our affiliates. You are welcome to opt not to receive any of these promotional messages. In the event that you use any of our tools that we may from time to time offer that integrates in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.
LIMITED LICENSE
5ense.me grants you a limited, revocable, non-exclusive, non-sub licensee license to access and use the Website and to view, copy and print portions of the Website content solely for the purpose of informing about any product-/service-, topic/item listing and/or searching for certain purchase or rental of typical real estate/property/facility/, or for any other purpose clearly stated on the Website, all in accordance with this Agreement. Any use of the Website that is not for one of these purposes or otherwise in accordance with this Agreement or as otherwise authorized by us in writing is expressly prohibited. Such license is subject to this Agreement, and specifically conditioned upon the following: (I) you may only view, copy and print portions of the Website for your own informational, personal and non-commercial use; (II) you may not modify or otherwise make derivative uses of the Website or any portion thereof; (III) any displays or printouts of Website content must be marked “(c) 2014-2020, www.5ense.me All rights reserved.”; (IV) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Website content; (V) you may not use any data mining, robots or similar data gathering or extraction methods; (VI) you may not use the Website other than for its intended purpose; and (VII) you may not reproduce, prepare derivative works from, distribute or display the Website or any site content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Website or site content without the prior written permission of 5ense.me is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. You represent and warrant that your use of the Website and any content herein will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
PROHIBITED ACTIVITIES
The license to use the Website only extends to the uses expressly described herein. The content and information on this Website (including, but not limited to, price and availability of accommodations, properties, facilities, products, services, topics or items), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(I) use this Website or its contents for any practical commercial purpose without our certain written mandatory agreement and/or permission/grant;
(II) make, or use the Website to make, any speculative, false, or fraudulent reservation, reservation request or any reservation in anticipation of demand;
(III) access, monitor, reproduce, upload, republish, distribute, transmit, display or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(IV) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(V) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, adversely affects the performance of the Website, or infringes on our copyright or the copyright of our suppliers;
(VI) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
(VII) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
(VIII) take any action that may undermine the feedback or ratings systems, including posting false, inaccurate or misleading feedback, ratings and reviews;
(IX) sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties; or
(X) post or transmit any false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by this Agreement.
USER VERIFICATION
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with a Guests/Clients or member through the tools available on the Website, though even this does not assure you of the identity of the person with which you are communicating.
Local Regulatory Restrictions
The Site is not directed at any person in any jurisdiction where (by reason of nationality, residence or otherwise) the access to or availability of the Site is prohibited or which would be subject to any restriction, including registration or other requirements within such jurisdiction. 5ense.me reserves the right to limit access to the Site to any such persons. Persons who access the Site do so on their own initiative and are responsible for compliance with applicable law. If in doubt, you should seek independent legal advice.
Sever-ability
If any competent legal authority determines any part of these Terms of Use is illegal or unenforceable, then such part will be eliminated and the remainder of these Terms of Use will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable.
You agree to (I) keep your password and online ID for both your account with us and any personal email account associated with your account secure and strictly confidential, providing it only to authorized users of your accounts, (II) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (III) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (IV) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER 5ENSE.ME NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR 5ENSE.ME ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH 5ENSE.ME AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
OWNERSHIP, COPYRIGHT AND TRADEMARK NOTICES
Except as otherwise indicated, the Website, and all text, marks, logos and other content contained herein, including, without limitation, the 5ense.me logo and all designs, text, graphics, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of 5ense.me or its licensors or users and are protected by intellectual and international copyright laws. All contents of this Website are: ©2014-2020 www.5ense.me All rights reserved. 5ense.me is not responsible for content on websites operated by parties other than www.5ense.me, 5ENSE.ME and the www.5ense.me logo and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of 5ense.me and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of 5ense.me or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of 5ense.me and may not be copied, imitated or used, in whole or in part, without the prior written permission of 5ense.me All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by 5ense.me
If you are aware of an infringement of our brand, please let us know by e-mail. We only address messages concerning brand infringement at this email address.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any product/service reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant 5ense.me and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; (b) use the name that you submit in connection with such Submission. You acknowledge that 5ense.me may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a vacation home rental review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant 5ense.me the right to pursue at law any person or entity that violates your or 5ense.me’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the 5ense.me website If you do not agree to these terms and conditions, please do not provide us with any Submissions.
By uploading content to or submitting any materials for use on the Website, including, without limitation, interactive areas (e.g., blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer), you grant Provider a perpetual, royalty-free, irrevocable, non-exclusive, worldwide right and license to use, authorize use of, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You certify and warrant that your content and submitted materials: (i) are your original works or that the owner of such works has expressly granted to Provider a similar license for said works with all of the rights granted by you in this paragraph and (ii) do not violate and will not violate the rights of any third party, including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any proprietary right. If you have submitted a photo, you agree that this photo may be included in the Website or, if you have not submitted a photo, then Provider may, but is not obligated to, display a stock photo or legal image. You hereby consent to the use of such stock photos or images. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary or other right in uploaded content or submitted materials. You assume all liability for any claims, suits or grievances filed against you, including all damages related to your participation on the Website.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from uploading, posting or transmitting or otherwise publishing to or from this Website any of the following:
Any message, data, information, text, music, sound, photos, graphics, code or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; or
Content that, in the sole judgment of 5ense.me, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose 5ense.me or its affiliates or its users to any harm or liability of any type.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that 5ense.me may exercise its rights (e.g. use, publish, delete, edit and modify) to any content you submit without notice to you.
5ense.me takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is 5ense.me liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, 5ense.me is not liable for any statements, representations or Content provided by its users in any public forum. Although 5ense.me has no obligation to screen, edit or monitor any of the Content posted to or distributed by users, 5ense.me reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by 5ense.me or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release 5ense.me, and its licensees, successors and assigns, from any claims that you could otherwise assert against 5ense.me by virtue of any such moral rights.
SUPPLIER RULES AND RESTRICTIONS
Separate terms and conditions will apply to your reservation and transaction/purchase of vacation home rentals and travel-related goods and services versus other that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of products, or services. You acknowledge that some vacation rental Supplier/Providers and third-party providers offering certain services and/or activities may require you to sign their rental agreement and/or liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable vacation home rental or travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
TRAVEL DESTINATIONS
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. 5ense.me urges passengers to review travel prohibitions, warnings, announcements and advisories issued by any lawful Government prior to transaction/purchase travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at the direct related public community offices.
By listing information relevant to travel to particular international destinations, 5ense.me does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
Liability disclaimer
The information, software, products, and services published on this website may include inaccuracies or errors, including vacation home rental / facility availability and pricing errors. 5ense.me, its subsidiaries and corporate affiliates (collectively, the “5ense.me companies”) and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, “5ense.me affiliates”) do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the vacation home rental properties, lodging, air, cruise, car and other travel products displayed on this website (including, without limitation, the pricing, availability, photographs, list of vacation rental property amenities, general product descriptions, and reviews and ratings etc.), much of which information is provided by the respective suppliers. In addition, 5ense.me expressly reserves the right to correct any availability and pricing errors on our website and/or on pending reservations made under an incorrect price. In such event, we will offer you the opportunity to keep your pending reservation at the correct price or, at your option; we will cancel your reservation without penalty.
The 5ense.me companies, the 5ense.me affiliates, and their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by the 5ense.me companies or the 5ense.me affiliates. All such information, software, products, and services are provided “as is” without warranty of any kind. The 5ense.me companies, the 5ense.me affiliates, and their respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent from the 5ense.me companies. The 5ense.me companies, the 5ense.me affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
The property suppliers/providers, owners, services and other suppliers providing vacation rental property information, travel or other services on this website are independent contractors and not agents or employees of the 5ense.me companies, or the 5ense.me affiliates. The 5ense.me companies and the 5ense.me affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The 5ense.me companies and the 5ense.me affiliates have no liability and will make no refund in the event of any delay, cancellation, over transaction/purchase, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
In no event shall the 5ense.me companies, the 5ense.me affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon reviews and opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the 5ense.me companies, the 5ense.me affiliates and/or their respective suppliers have been advised of the possibility of such damages.
You hereby agree to release, remise and forever discharge the 5ense.me companies, the 5ense.me affiliates, and/or their respective suppliers and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with your use of the service.
If, despite the limitation above, the 5ense.me Companies, the 5ense.me Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the 5ense.me Companies, the 5ense.me Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) US$100.00 (One-Hundred Dollars).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the 5ense.me Companies, the 5ense.me Affiliates, and/or their respective suppliers.
INDEMNIFICATION
You agree to defend and indemnify the 5ense.me Companies, the 5ense.me Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by any person or third parties as a result of:
(a) Your breach of this Agreement or the documents referenced herein;
(b) Your violation of any law or the rights of a third party; or
(c) Your use of this Website.
HYPERLINKS
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray 5ense.me or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a 5ense.me logo or other proprietary graphic of 5ense.me to link to the Website without the express written permission of 5ense.me. Further, you may not use, frame or utilize framing techniques to enclose any 5ense.me trademark, logo or other proprietary information in the same context or graphical functional lay-out, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without 5ense.me’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of 5ense.me or any third party. Nothing contained on the Website may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of 5ense.me or any third party without the prior written permission of 5ense.me or such other party that may own such patent, trademark, copyright or other proprietary right(s).
LINKS TO THIRD-PARTY SITES
This Website contains hyperlinks to websites operated by parties other than 5ense.me. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our Inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
COPY AND USE OF IMAGES
Most images on 5ense.me are bound to Creative Commons Deed CC0. To the extent possible under law, 5ense.me waives all copyright and related or neighboring rights to these images. You are free to adapt and use the images for commercial purposes without attributing the original author or source. Although absolutely required, a link back to 5ense.me would be nice so that we could inform and thank the original photographer artists.
Limitations
You may not use images these for pornographic, unlawful or other immoral purposes, or in a way that can give a bad name to depicted persons, or to imply endorsement of products and services by identifiable persons, brands, organizations, etc.
You may not claim ownership of any image in its original state, and you cannot license or sub-license images granting exclusive rights as they are. Since 5ense.me does not require a written Model Release for each Image that has identifiable people on it. We cannot guarantee that you will be able to use the image for any purpose you like. Also, if there is a model release for the image, we do not represent or make warranties whatsoever as to the legality or validity of it. Furthermore, certain images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. 5ense.me does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them.
You are not allowed to mass download images with an application, or reuse a big part of the images for redistribution on a similar Website. Texts including image descriptions and tags are copyrighted.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website (“Software”) is the copyrighted work of 5ense.me, 5ense.me Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is Included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-transferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, Including, without limitation, all HTML code, JavaScript and other code and software applications contained on this Website, is owned by the 5ense.me Companies, 5ense.me Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
CURRENCY RATES
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. The currency information supplied by on this Website is believed to be accurate, but the 5ense.me Companies, the 5ense.me Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe in good faith that materials hosted by us infringe your copyright, please check for additional information: Copyright Dispute Policy.
5ENSE.ME OWN INTERNAL WEBSITE ONLINE PAYMENT MODULE
We provide own internal Website Online Payment module facility through various certified third party payment processor as a service to our users (“Guests/Clients”) looking to reserve, rent vacation property(ies), holiday/stay for short-, mid-, and long term/period accommodation/facility(ies) and any other topic/item/subject/object consisting within determined product portfolio and Supplier/Providers to offer, arrange and receive related payment , including managing inquiries, rental agreements, cancellations and damage protection insurance. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using 5ense.me own internal Website Online Payment module facility. Failure to use our Website and services in accordance with these terms of use may subject you to severe civil and criminal penalties. We reserve the right to modify the terms or policies relating to 5ense.me own internal Website Online Payment module facility at any time, effective upon posting of an updated version of these terms on the Website. By using 5ense.me own internal Website Online Payment module facility, you agree that the posting of new or revised terms and conditions on the Website will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use after any such changes or after explicitly accepting the new terms shall constitute your consent to such changes.
Rental Fees. The rental fees for each property listed, listing (“product portfolio”) consist of the base rental amount for the Listing, as determined by the Supplier/Provider, Including any applicable Taxes (as defined below) collected by the Supplier/Provider, cleaning fees or other discretionary Supplier/Provider fees, as applicable (the “Rental Fee”). The amounts due and payable by a Guest relating to the transaction/purchase of a Supplier/Provider’s Listing are the Rental Fee and the Security Deposit or Damage Protection Insurance, as applicable, collectively referred to in this Agreement as the “Total Fee”. Please note that the Supplier/Provider determines the Rental Fee and not 5ense.me.
Pricing amount. The pricing amount for specific listed object/subject listed , listing(“product portfolio”) consist of the base pricing amount for the Listing, as determined by the Supplier/Provider, Including any applicable Taxes (as defined below) collected by the Supplier/Provider, certain fees or other discretionary Supplier/Provider fees, as applicable (the “Pricing amount”). The amounts due and payable by a Guest/Clients relating to the transaction/purchase of a Supplier/Provider’s Listing are the Pricing amount and possible Security Deposit or Damage Protection Insurance, as applicable, collectively referred to in this Agreement as the “Total Pricing”. Please note that the Supplier/Provider determines the Pricing amount and not 5ense.me.
Payment Terms. You agree to pay 5ense.me, acting on behalf of the Supplier/Provider, for the Total Fee and/or Total Pricing (if subject to any Scheduled Own internal Website Online Payment module, discussed below) for any transaction/purchase at the time you accept a payment request received from a Supplier/Provider. The Total Fee and/or Total Pricing will be collected in accordance with this Agreement and the pricing terms specified in the transaction/purchase request.
When you complete a transaction/purchase request, you will be asked to provide your billing information, including your name, billing address and credit card information either to 5ense.me or its third party payment processor. You agree to pay 5ense.me for any confirmed transaction/purchases made in connection with your specific transaction/purchase in accordance with this Agreement by one of the methods described on the Website – e.g. by PayPal, check or credit card, as available. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the transaction/purchase, either directly by 5ense.me or indirectly, via a third party online payment processor issued by the direct related Provider/Suppliers or by one of the payment methods described on the Website.
Payment Processors and/or Providers. If you are directed to a third party payment processor or payment provider (e.g. PayPal), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of such third party services, in particular any claims from such processors/providers (including PayPal) resulting from your actions or omissions. We are not responsible for provision of such third party services, in particular, any decision taken by PayPal or another provider to decline your payment, based on its risk assessment of you or the transaction. You shall not hold us liable for any losses you suffer as a result of using such third party services.
Security Deposits. Supplier/Providers may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Listing. If a Security Deposit is Included in a Listing for a confirmed transaction/purchase, 5ense.me, as the Supplier/Provider’s payment agent, may request a pre-authorization of the Guest’s credit card and hold such amount as the Supplier/Provider determines for the Security Deposit prior to the Guest’s check-in at the applicable Supplier/Provider’s Listing. 5ense.me may charge your credit card in the event of damage caused at a Listing pursuant to the terms of the rental agreement and the Security Deposit but only if it is clearly stated and therefore legal applicable within the specific Supplier/Provider’s terms and/or conditions.
Scheduled Own internal Website Online Payment module. Supplier/Providers may ask Guests to make scheduled, partial own internal Website Online Payment module toward the Total Fee owed for a confirmed rental of the applicable Listing (collectively, “Scheduled Own internal Website Online Payment module”). If Scheduled Own internal Website Online Payment module apply to your payment obligations for Total Fees owed, you authorize 5ense.me to collect the Total Fee on behalf of the Supplier/Provider, based on the schedule and amounts noted in the transaction/purchase request or in other communications.
Cancellations and Refunds. As a Guest, if you wish to cancel a confirmed transaction/purchase made via our own internal Website Online Payment module, the cancellation policy of the Supplier/Provider contained in the applicable Listing will apply to and govern the terms of your cancellation and any refunds. If a Supplier/Provider cancels a confirmed transaction/purchase made via our own internal Website Online Payment module prior to the check-in date, 5ense.me will refund the Total Fee for such transaction/purchase to the applicable Guest within a commercially reasonable time of the cancellation.
Rental Agreements. By utilizing an agreement in 5ense.me Own internal Website Online Payment module, the Guest/Client and Supplier/Provider agree to the terms and conditions set forth in the rental agreement (including without limitation the cancellation refund policy) effective as of the date that the user indicates acceptance of the rental agreement. You hereby acknowledge and agree that (a) you are fully responsible for reviewing and complying with the terms and conditions of the rental agreement, (b) any rental agreement used, whether a sample provided by the Website or a rental agreement added to 5ense.me by either party, is used solely at their own risk and expense, (c) nothing contained in your 5ense.me account, this Agreement, or any sample rental agreement is a substitute for the advice of an attorney, (d) your rental agreement for the Listing is with the Supplier/Provider, not 5ense.me, and that you shall not hold 5ense.me responsible for any acts or omissions of the Supplier/Provider relating to any transaction, and (e) that you have hereby been advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, state, and local law and their particular circumstances, and to revise the rental agreement as necessary to accurately represent their property, rules and features and circumstances of Guests/Clients as applicable. You agree and acknowledge that 5ense.me is acting as the Supplier/Provider’s payment agent for the limited purpose of receiving your payment and that payment to 5ense.me shall be considered the same as a payment to the Supplier/Provider.
GENERAL
This Website is operated by a Suriname entity and this Agreement is governed by the laws of Paramaribo, Republic Suriname. You hereby consent to the exclusive jurisdiction and venue of courts in Paramaribo, Paramaribo Suriname, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and the 5ense.me Companies as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) weeks from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law Including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and 5ense.me with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and 5ense.me with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions.
Welcome to the 5ense.me website (the “Website”). The first stage in the life cycle of any organization is its creation. This Website is provided to assist guests/visitors in gathering specific and/or general information and/or impressions on social life, leisure/holiday, travel and/or relocation, determining the availability of certain related localized products/items/services/topics, public services/facilities for making legitimate inquiries, reservations or otherwise transacting business as clients/customers with our Suppliers/Providers. Our website www.5ense.me, is an intellectual property right and interactive conceptual initiative, created, managed and owned by idealistic Parasol Research Development Foundation (South America | Amazon – Suriname), registered via certified deed by legal authorized Notary. The terms “we”, “us”, “our” and “5ense.me” refer to 5ense.me. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
All transactions and/or purchases made on this Site are subject to the relevant supplier’s/provider’s conditions in addition to these Site conditions. We recommend that you print a copy of the applicable transaction conditions when making one. Transaction conditions contain limitations and exclusions of liability, and cancellation and amendment charges are payable if a transaction/purchase is cancelled or amended after it has been confirmed. All certain brand names, logos, and/or specific trademarks of the products and/or services depicted or referenced on this site are bound by property right(s) and/or copyrights of their respective owner(s).
No warranties, promises or representations of any kind, express or implied, are given as to the accuracy of any of the information on this Site or as to the nature, standard, suitability or otherwise of any services offered by us or on our behalf. We shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential or other) that may arise as a result, directly or indirectly, from the use of any of the information or material contained on this Site and/or the use of or access to any other information or material via web links from this Site, or any ability/inability to access this Site. These exclusions of liability apply only to the extent permitted by law and, except for information or material accessed via other sites or supplied by an identified third party, where consistent with the applicable transaction conditions. If any of these exclusions, in whole or in part, are found to be unlawful, void or unenforceable for any other reasons, that exclusion or part of the exclusion shall be deemed sever-able and shall not affect the validity or enforce-ability of the other exclusion(s) or part(s) of the exclusion(s) in question.
5ense.me may change any aspect of this Site or its content, including the availability of any suppliers, features, information, or other content, at any time without notice. The information and prices on this Site are not ‘live’ and are updated from time to time. Every effort is made to ensure the accuracy of all information and prices but, regrettably, errors do occasionally occur. Where a price is obviously incorrect due to a system error, we shall not be bound by such price. The prices and any discounts shown on this Site are applicable to 5ense.me Additional cost may be applicable by use of certain 5ense.me -Plus Service(s)- however continues notified on same specific webpage.
This Site is provided on an ‘as is’ and ‘as available’ basis. We do not accept any liability in respect of your ability/inability to access or use this Site at any time or for any interruption in that access or use, or for any failure to complete any transaction. We do not warrant that this Site is free from computer viruses or other properties that may cause loss or damage due to force majeure.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. You may not amend this Agreement. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
Here is a quick summary, which in no way substitutes for reading the entire Agreement:
1) We offer our visitors as previous above described Clients/Guests intermediate suppliant on short-, mid-, and/or long term period accommodating facilities/stay service(s) and/or subsequent information concerning certain area related product(s)/service(s) and/or information. However, we are not a Tourist Authority, travel agency and we do not deliberately provide or own travel services or accommodations ourselves unless specifically stated. When you inquire information, book a rental and/or purchase any product, service, item you will be dealing with our suppliers directly, including the full refund and cancellation policies/terms of each supplier. Although we are intermediary and facilitate for any initial information and /or purchase via 5ense.me we cannot be held accountable on any transaction per subject/object as we do not control/decide through certain determining head-management, co-/ownership nor are we the actual producers for that matter unless explicitly stated.
2) We collect visitors reviews as Guests and /or Clients who realized any confirmed transaction. If you are submitting a review, we will protect any privacy though we have the right to publish your review.
3) We gather and list specific enriched information about Third Parties. If we include information about topics/items/products/services you manage or own, you agree that you will provide us accurate information concerning your guests reviews and you give us the right to publish and use this as full transparent information.
4) People use 5ense.me to gather and/or supply clear efficient information. Various options are available to list personal and/or business owned facility, accommodation, property and/or real esate with any kind of furnishings and/or quality model/status. 5ense.me allows and deploys certain 5ense.me category standards via related business model agreement. Other options are available to list and/or publish personal and/or business owned products, items, topics and/or services in any kind of character and/or quality status. 5ense.me allows and deploys certain 5ense.me category standard(s) via specific related business model agreement (additional fixed costs applies) explicitly through our One Promotion Plan respectively: -Start-, -Bronze-, -Silver-, -Gold-, -Platinum- business model agreements. Motto is to help information seekers by clear handy efficient content information only via use of our User Interface (UI) and if available submitting guest reviews and experience about Third Party(ies) content as certain specific or general offered service- and/or product portfolio via our internal guide ShoppossessMe.
5ENSE.ME OFFERS PLATFORM AS A SERVICE WEBSITE(S) AND WE ARE NOT A PARTY TO ANY TRANSACTIONS OR TRANSACTIONS FOR THIRD PARTY CONTENT UNLESS EXPLICITLY STATED.
In general we do not own or manage any physical product and/or service as listed on the Website 5ense.me and act as a venue for possible “360˚panorama” and focus merged within our handy scope view(s). Core is to allow creation on publishing and/or sales for accommodation-, property-, facility-, topic-, item-, and/or service-, product for Supplier(s)/Provider(s) and/or owner(s) (Third Parties) product portfolio. Eg. a hotel resort as base set for certain comfort can be surrounded by possible additional location based and/or location free based primary and/or secondary enriched luxury service- and/or product content (product portfolio) as specific and/or significant general information offered toward potential Guests/Clients as our users and/or visitors. The ability for you to respond, interact and/or transact with determined content is Website integrated. Third Party(ies) represents Supplier(s)/Provider(s) product portfolio who responsibly and necessarily provide strong secure SSL payment transaction platform.
As platform as a service venue we partially facilitate the full transaction(s) between Supplier/Provider and Guest/Client. As a result, any part of an actual or potential transaction between a Guest/Client and a Supplier/Provider including the quality, condition, safety or legality of the product portfolio advertised, the accuracy of the listed content, the ability of Supplier/Provider product portfolio or the ability of Guest/Client to pay for any product/service are solely the responsibility of each user. You fully acknowledge and agree that you may be required to enter into a separate rental-, purchase- or lease agreement with the Supplier(s)/Provider(s) prior to making a confirmed transaction on any product and/or service and such agreement may place specific additional restrictions, conditions and/or warranties/guaranties on your transaction purchase within certain product portfolio.
Please be aware that, even though we are not a party to any transaction and assume no liability for legal compliance pertaining to topic, item and/or product service listed on the Website, there may be circumstances where we are nevertheless legally obligated, as we determine in our sole discretion, to provide information relating to any listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (I) you are at least 18 years of age, (II) you possess the legal authority to create a binding legal obligation, (III) you will use this Website in accordance with this Agreement, (IV) you will only use this Website to make legitimate publications, purchases or reservations for you or for another person for whom you are legally authorized to act, (V) all information supplied by you on this Website is true, accurate, current and complete, and (VI) if you have a 5ense.me account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Children’s Online Privacy Protection Act
The Site is not designed or intended to collect information from children under the age of 13. 5ense.me does not knowingly collect or maintain any information from children under the age of 13. The Site is not designed with the purpose of attracting any person under age 13. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, if you are under the age of 18, you should only use the Site with the involvement of a parent or guardian.
PRIVACY POLICY
5ense.me believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of 5ense.me, to understand our practices: Privacy Policy.
If you provide your email address to 5ense.me, you agree to allow us to add your email to our database of users. You may receive one or more promotional emails either from us or one our affiliates. You are welcome to opt not to receive any of these promotional messages. In the event that you use any of our tools that we may from time to time offer that integrates in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.
LIMITED LICENSE
5ense.me grants you a limited, revocable, non-exclusive, non-sub licensee license to access and use the Website and to view, copy and print portions of the Website content solely for the purpose of informing about any product-/service-, topic/item listing and/or searching for certain purchase or rental of typical real estate/property/facility/, or for any other purpose clearly stated on the Website, all in accordance with this Agreement. Any use of the Website that is not for one of these purposes or otherwise in accordance with this Agreement or as otherwise authorized by us in writing is expressly prohibited. Such license is subject to this Agreement, and specifically conditioned upon the following: (I) you may only view, copy and print portions of the Website for your own informational, personal and non-commercial use; (II) you may not modify or otherwise make derivative uses of the Website or any portion thereof; (III) any displays or printouts of Website content must be marked “(c) 2014-2020, www.5ense.me All rights reserved.”; (IV) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Website content; (V) you may not use any data mining, robots or similar data gathering or extraction methods; (VI) you may not use the Website other than for its intended purpose; and (VII) you may not reproduce, prepare derivative works from, distribute or display the Website or any site content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Website or site content without the prior written permission of 5ense.me is strictly prohibited and will terminate the license granted herein. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. You represent and warrant that your use of the Website and any content herein will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
PROHIBITED ACTIVITIES
The license to use the Website only extends to the uses expressly described herein. The content and information on this Website (including, but not limited to, price and availability of accommodations, properties, facilities, products, services, topics or items), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(I) use this Website or its contents for any practical commercial purpose without our certain written mandatory agreement and/or permission/grant;
(II) make, or use the Website to make, any speculative, false, or fraudulent reservation, reservation request or any reservation in anticipation of demand;
(III) access, monitor, reproduce, upload, republish, distribute, transmit, display or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(IV) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(V) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, adversely affects the performance of the Website, or infringes on our copyright or the copyright of our suppliers;
(VI) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
(VII) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
(VIII) take any action that may undermine the feedback or ratings systems, including posting false, inaccurate or misleading feedback, ratings and reviews;
(IX) sell, offer for sale, transfer, or license any portion of the Website in any form to any third parties; or
(X) post or transmit any false, inaccurate, misleading, unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by this Agreement.
USER VERIFICATION
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with a Guests/Clients or member through the tools available on the Website, though even this does not assure you of the identity of the person with which you are communicating.
Local Regulatory Restrictions
The Site is not directed at any person in any jurisdiction where (by reason of nationality, residence or otherwise) the access to or availability of the Site is prohibited or which would be subject to any restriction, including registration or other requirements within such jurisdiction. 5ense.me reserves the right to limit access to the Site to any such persons. Persons who access the Site do so on their own initiative and are responsible for compliance with applicable law. If in doubt, you should seek independent legal advice.
Sever-ability
If any competent legal authority determines any part of these Terms of Use is illegal or unenforceable, then such part will be eliminated and the remainder of these Terms of Use will remain in force and effect and the unenforceable part shall be deemed to be modified solely to the extent necessary to make it enforceable.
You agree to (I) keep your password and online ID for both your account with us and any personal email account associated with your account secure and strictly confidential, providing it only to authorized users of your accounts, (II) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (III) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (IV) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER 5ENSE.ME NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR 5ENSE.ME ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH 5ENSE.ME AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
OWNERSHIP, COPYRIGHT AND TRADEMARK NOTICES
Except as otherwise indicated, the Website, and all text, marks, logos and other content contained herein, including, without limitation, the 5ense.me logo and all designs, text, graphics, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of 5ense.me or its licensors or users and are protected by intellectual and international copyright laws. All contents of this Website are: ©2014-2020 www.5ense.me All rights reserved. 5ense.me is not responsible for content on websites operated by parties other than www.5ense.me, 5ENSE.ME and the www.5ense.me logo and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of 5ense.me and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of 5ense.me or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of 5ense.me and may not be copied, imitated or used, in whole or in part, without the prior written permission of 5ense.me All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by 5ense.me
If you are aware of an infringement of our brand, please let us know by e-mail. We only address messages concerning brand infringement at this email address.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any product/service reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant 5ense.me and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensee right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; (b) use the name that you submit in connection with such Submission. You acknowledge that 5ense.me may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a vacation home rental review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant 5ense.me the right to pursue at law any person or entity that violates your or 5ense.me’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the 5ense.me website If you do not agree to these terms and conditions, please do not provide us with any Submissions.
By uploading content to or submitting any materials for use on the Website, including, without limitation, interactive areas (e.g., blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer), you grant Provider a perpetual, royalty-free, irrevocable, non-exclusive, worldwide right and license to use, authorize use of, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You certify and warrant that your content and submitted materials: (i) are your original works or that the owner of such works has expressly granted to Provider a similar license for said works with all of the rights granted by you in this paragraph and (ii) do not violate and will not violate the rights of any third party, including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any proprietary right. If you have submitted a photo, you agree that this photo may be included in the Website or, if you have not submitted a photo, then Provider may, but is not obligated to, display a stock photo or legal image. You hereby consent to the use of such stock photos or images. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary or other right in uploaded content or submitted materials. You assume all liability for any claims, suits or grievances filed against you, including all damages related to your participation on the Website.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from uploading, posting or transmitting or otherwise publishing to or from this Website any of the following:
Any message, data, information, text, music, sound, photos, graphics, code or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; or
Content that, in the sole judgment of 5ense.me, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose 5ense.me or its affiliates or its users to any harm or liability of any type.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that 5ense.me may exercise its rights (e.g. use, publish, delete, edit and modify) to any content you submit without notice to you.
5ense.me takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is 5ense.me liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, 5ense.me is not liable for any statements, representations or Content provided by its users in any public forum. Although 5ense.me has no obligation to screen, edit or monitor any of the Content posted to or distributed by users, 5ense.me reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by 5ense.me or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release 5ense.me, and its licensees, successors and assigns, from any claims that you could otherwise assert against 5ense.me by virtue of any such moral rights.
SUPPLIER RULES AND RESTRICTIONS
Separate terms and conditions will apply to your reservation and transaction/purchase of vacation home rentals and travel-related goods and services versus other that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of products, or services. You acknowledge that some vacation rental Supplier/Providers and third-party providers offering certain services and/or activities may require you to sign their rental agreement and/or liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable vacation home rental or travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
TRAVEL DESTINATIONS
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. 5ense.me urges passengers to review travel prohibitions, warnings, announcements and advisories issued by any lawful Government prior to transaction/purchase travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at the direct related public community offices.
By listing information relevant to travel to particular international destinations, 5ense.me does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
Liability disclaimer
The information, software, products, and services published on this website may include inaccuracies or errors, including vacation home rental / facility availability and pricing errors. 5ense.me, its subsidiaries and corporate affiliates (collectively, the “5ense.me companies”) and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, “5ense.me affiliates”) do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the vacation home rental properties, lodging, air, cruise, car and other travel products displayed on this website (including, without limitation, the pricing, availability, photographs, list of vacation rental property amenities, general product descriptions, and reviews and ratings etc.), much of which information is provided by the respective suppliers. In addition, 5ense.me expressly reserves the right to correct any availability and pricing errors on our website and/or on pending reservations made under an incorrect price. In such event, we will offer you the opportunity to keep your pending reservation at the correct price or, at your option; we will cancel your reservation without penalty.
The 5ense.me companies, the 5ense.me affiliates, and their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by the 5ense.me companies or the 5ense.me affiliates. All such information, software, products, and services are provided “as is” without warranty of any kind. The 5ense.me companies, the 5ense.me affiliates, and their respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent from the 5ense.me companies. The 5ense.me companies, the 5ense.me affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
The property suppliers/providers, owners, services and other suppliers providing vacation rental property information, travel or other services on this website are independent contractors and not agents or employees of the 5ense.me companies, or the 5ense.me affiliates. The 5ense.me companies and the 5ense.me affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The 5ense.me companies and the 5ense.me affiliates have no liability and will make no refund in the event of any delay, cancellation, over transaction/purchase, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
In no event shall the 5ense.me companies, the 5ense.me affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon reviews and opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the 5ense.me companies, the 5ense.me affiliates and/or their respective suppliers have been advised of the possibility of such damages.
You hereby agree to release, remiss and forever discharge the 5ense.me companies, the 5ense.me affiliates, and/or their respective suppliers and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with your use of the service.
If, despite the limitation above, the 5ense.me Companies, the 5ense.me Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the 5ense.me Companies, the 5ense.me Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this Website, or (b) US$100.00 (One-Hundred Dollars).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the 5ense.me Companies, the 5ense.me Affiliates, and/or their respective suppliers.
INDEMNIFICATION
You agree to defend and indemnify the 5ense.me Companies, the 5ense.me Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by any person or third parties as a result of:
(a) Your breach of this Agreement or the documents referenced herein;
(b) Your violation of any law or the rights of a third party; or
(c) Your use of this Website.
HYPERLINKS
You are granted a limited, non-exclusive right to create a text hyperlink to the Website for non-commercial purposes, provided such link does not portray 5ense.me or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a 5ense.me logo or other proprietary graphic of 5ense.me to link to the Website without the express written permission of 5ense.me. Further, you may not use, frame or utilize framing techniques to enclose any 5ense.me trademark, logo or other proprietary information in the same context or graphical fucntional lay-out, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without 5ense.me’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of 5ense.me or any third party. Nothing contained on the Website may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of 5ense.me or any third party without the prior written permission of 5ense.me or such other party that may own such patent, trademark, copyright or other proprietary right(s).
LINKS TO THIRD-PARTY SITES
This Website contains hyperlinks to websites operated by parties other than 5ense.me. Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our Inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
COPY AND USE OF IMAGES
Most images on 5ense.me are bound to Creative Commons Deed CC0. To the extent possible under law, 5ense.me waives all copyright and related or neighboring rights to these images. You are free to adapt and use the images for commercial purposes without attributing the original author or source. Although absolutely required, a link back to 5ense.me would be nice so that we could inform and thank the original photographer artists.
Limitations
You may not use images these for pornographic, unlawful or other immoral purposes, or in a way that can give a bad name to depicted persons, or to imply endorsement of products and services by identifiable persons, brands, organizations, etc.
You may not claim ownership of any image in its original state, and you cannot license or sub-license images granting exclusive rights as they are. Since 5ense.me does not require a written Model Release for each Image that has identifiable people on it. We cannot guarantee that you will be able to use the image for any purpose you like. Also, if there is a model release for the image, we do not represent or make warranties whatsoever as to the legality or validity of it. Furthermore, certain images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. 5ense.me does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them.
You are not allowed to mass download images with an application, or reuse a big part of the images for redistribution on a similar Website. Texts including image descriptions and tags are copyrighted.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website (“Software”) is the copyrighted work of 5ense.me, 5ense.me Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is Included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-transferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, Including, without limitation, all HTML code, JavaScript and other code and software applications contained on this Website, is owned by the 5ense.me Companies, 5ense.me Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
CURRENCY RATES
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. The currency information supplied by on this Website is believed to be accurate, but the 5ense.me Companies, the 5ense.me Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe in good faith that materials hosted by us infringe your copyright, please check for additional information: Copyright Dispute Policy.
5ENSE.ME OWN INTERNAL WEBSITE ONLINE PAYMENT MODULE
We provide own internal Website Online Payment module facility through various certified third party payment processor as a service to our users (“Guests/Clients”) looking to reserve, rent vacation property(ies), holiday/stay for short-, mid-, and long term/period accommodation/facility(ies) and any other topic/item/subject/object consisting within determined product portfolio and Supplier/Providers to offer, arrange and receive related payment , including managing inquiries, rental agreements, cancellations and damage protection insurance. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using 5ense.me own internal Website Online Payment module facility. Failure to use our Website and services in accordance with these terms of use may subject you to severe civil and criminal penalties. We reserve the right to modify the terms or policies relating to 5ense.me own internal Website Online Payment module facility at any time, effective upon posting of an updated version of these terms on the Website. By using 5ense.me own internal Website Online Payment module facility, you agree that the posting of new or revised terms and conditions on the Website will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use after any such changes or after explicitly accepting the new terms shall constitute your consent to such changes.
Rental Fees. The rental fees for each property listed, listing (“product portfolio”) consist of the base rental amount for the Listing, as determined by the Supplier/Provider, Including any applicable Taxes (as defined below) collected by the Supplier/Provider, cleaning fees or other discretionary Supplier/Provider fees, as applicable (the “Rental Fee”). The amounts due and payable by a Guest relating to the transaction/purchase of a Supplier/Provider’s Listing are the Rental Fee and the Security Deposit or Damage Protection Insurance, as applicable, collectively referred to in this Agreement as the “Total Fee”. Please note that the Supplier/Provider determines the Rental Fee and not 5ense.me.
Pricing amount. The pricing amount for specific listed object/subject listed , listing(“product portfolio”) consist of the base pricing amount for the Listing, as determined by the Supplier/Provider, Including any applicable Taxes (as defined below) collected by the Supplier/Provider, certain fees or other discretionary Supplier/Provider fees, as applicable (the “Pricing amount”). The amounts due and payable by a Guest/Clients relating to the transaction/purchase of a Supplier/Provider’s Listing are the Pricing amount and possible Security Deposit or Damage Protection Insurance, as applicable, collectively referred to in this Agreement as the “Total Pricing”. Please note that the Supplier/Provider determines the Pricing amount and not 5ense.me.
Payment Terms. You agree to pay 5ense.me, acting on behalf of the Supplier/Provider, for the Total Fee and/or Total Pricing (if subject to any Scheduled Own internal Website Online Payment module, discussed below) for any transaction/purchase at the time you accept a payment request received from a Supplier/Provider. The Total Fee and/or Total Pricing will be collected in accordance with this Agreement and the pricing terms specified in the transaction/purchase request.
When you complete a transaction/purchase request, you will be asked to provide your billing information, including your name, billing address and credit card information either to 5ense.me or its third party payment processor. You agree to pay 5ense.me for any confirmed transaction/purchases made in connection with your specific transaction/purchase in accordance with this Agreement by one of the methods described on the Website – e.g. by PayPal, check or credit card, as available. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the transaction/purchase, either directly by 5ense.me or indirectly, via a third party online payment processor issued by the direct related Provider/Suppliers or by one of the payment methods described on the Website.
Payment Processors and/or Providers. If you are directed to a third party payment processor or payment provider (e.g. PayPal), you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of such third party services, in particular any claims from such processors/providers (including PayPal) resulting from your actions or omissions. We are not responsible for provision of such third party services, in particular, any decision taken by PayPal or another provider to decline your payment, based on its risk assessment of you or the transaction. You shall not hold us liable for any losses you suffer as a result of using such third party services.
Security Deposits. Supplier/Providers may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Listing. If a Security Deposit is Included in a Listing for a confirmed transaction/purchase, 5ense.me, as the Supplier/Provider’s payment agent, may request a pre-authorization of the Guest’s credit card and hold such amount as the Supplier/Provider determines for the Security Deposit prior to the Guest’s check-in at the applicable Supplier/Provider’s Listing. 5ense.me may charge your credit card in the event of damage caused at a Listing pursuant to the terms of the rental agreement and the Security Deposit but only if it is clearly stated and therefore legal applicable within the specific Supplier/Provider’s terms and/or conditions.
Scheduled Own internal Website Online Payment module. Supplier/Providers may ask Guests to make scheduled, partial own internal Website Online Payment module toward the Total Fee owed for a confirmed rental of the applicable Listing (collectively, “Scheduled Own internal Website Online Payment module”). If Scheduled Own internal Website Online Payment module apply to your payment obligations for Total Fees owed, you authorize 5ense.me to collect the Total Fee on behalf of the Supplier/Provider, based on the schedule and amounts noted in the transaction/purchase request or in other communications.
Cancellations and Refunds. As a Guest, if you wish to cancel a confirmed transaction/purchase made via our own internal Website Online Payment module, the cancellation policy of the Supplier/Provider contained in the applicable Listing will apply to and govern the terms of your cancellation and any refunds. If a Supplier/Provider cancels a confirmed transaction/purchase made via our own internal Website Online Payment module prior to the check-in date, 5ense.me will refund the Total Fee for such transaction/purchase to the applicable Guest within a commercially reasonable time of the cancellation.
Rental Agreements. By utilizing an agreement in 5ense.me Own internal Website Online Payment module, the Guest/Client and Supplier/Provider agree to the terms and conditions set forth in the rental agreement (including without limitation the cancellation refund policy) effective as of the date that the user indicates acceptance of the rental agreement. You hereby acknowledge and agree that (a) you are fully responsible for reviewing and complying with the terms and conditions of the rental agreement, (b) any rental agreement used, whether a sample provided by the Website or a rental agreement added to 5ense.me by either party, is used solely at their own risk and expense, (c) nothing contained in your 5ense.me account, this Agreement, or any sample rental agreement is a substitute for the advice of an attorney, (d) your rental agreement for the Listing is with the Supplier/Provider, not 5ense.me, and that you shall not hold 5ense.me responsible for any acts or omissions of the Supplier/Provider relating to any transaction, and (e) that you have hereby been advised to obtain local legal counsel to prepare, review and revise as necessary any rental agreements to ensure compliance with federal, state, and local law and their particular circumstances, and to revise the rental agreement as necessary to accurately represent their property, rules and features and circumstances of Guests/Clients as applicable. You agree and acknowledge that 5ense.me is acting as the Supplier/Provider’s payment agent for the limited purpose of receiving your payment and that payment to 5ense.me shall be considered the same as a payment to the Supplier/Provider.
GENERAL
This Website is operated by a Suriname entity and this Agreement is governed by the laws of Paramaribo, Republic Suriname. You hereby consent to the exclusive jurisdiction and venue of courts in Paramaribo, Paramaribo Suriname, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and the 5ense.me Companies as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) weeks from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law Including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and 5ense.me with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and 5ense.me with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
© 2019-2024