Terms of Service

You may be able to view Listings as an unregistered visitor to the Site or Application; however, if you wish to book an Opportunity or create a Listing, you must first create an account (an “Venku Account”) (i) directly via the Site or Application or (ii) by logging into an account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”) via our Site or Application, as described below. You will then be considered a “Member”.

You may link your Venku Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Venku through the Site or Application; or (ii) allowing Venku to access your Third-Party Account, if permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Venku and/or grant Venku access to your Third-Party Account (including, but not limited to, for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Venku to pay any fees or making Venku subject to any usage limitations imposed by such third-party service providers. By granting Venku access to any Third-Party Accounts, you understand that Venku may be able to access and store any Content that you have provided to and stored in your Third-Party Account (“SNS Content”). Unless otherwise specified in these Terms, all SNS Content, if any, will be considered Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose to connect to your Venku Account and the applicable privacy settings in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Venku Account on the Site and/or Application. Please note that if a Third-Party Account or associated service becomes unavailable or Venku’s access to such Third-Party Account is terminated, then SNS Content may no longer be available on and through the Site or Application. You have the ability to disable the connection between your Venku Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application; in which case your Venku Account may be closed and you may need to create a new account to remain a Member. PLEASE NOTE THAT YOUR RELATIONSHIPS WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Venku makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Venku is not responsible for any SNS Content.

You may not have more than one (1) active Venku Account.

We will create your Venku Account and your Venku Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

Venku reserves the right to suspend or terminate your Venku Account and your access to the Site, Application and Services if you create more than one (1) Venku Account or if any information provided during the registration process is or thereafter becomes inaccurate, not current or incomplete.

You agree that you will not allow others to use your Venku Account, and will not use your Venku Account or the Application or Site on an outsourcing basis or on behalf of third parties (unless You created the Venku Account on behalf of Your Company and are using the Venku Account on behalf of Your Company).

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Venku Account, whether or not you have authorized such activities or actions. You will immediately notify Venku of any unauthorized use of your Venku Account.

As a Member, you may create Listings. To create a Listing, you must provide certain information (as specified by Venku) about the Opportunity to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Opportunity and pricing and related rules and financial terms. In order to be featured in Listings, all Opportunities must have valid physical addresses. Listings may be made publicly available via the Site and Application.

Other Members may submit a request to book your Opportunity via the Site or Application based upon the information provided in your Listing. You understand and agree that once a Member submits a request to book your Opportunity, you may not request the Member to pay a higher price than in the Listing.

Each Host acknowledges and agrees that it is responsible for any and all Listings it posts. Accordingly, each Host represents and warrants that any Listing that Host posts and the booking of, and a User’s use of or participation in, an Opportunity in a Listing that Host posts, (i) will not breach any agreements Host has entered into with any third parties, such as lease or rental agreements, and (ii) will (a) comply with all applicable laws (such as zoning laws and laws governing the use of recreational and other properties), Tax requirements, and rules and regulations that may apply to any Opportunity included in Host’s Listing (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Venku assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.

Venku reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including any Listing that Venku, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Venku’s then-current Policies, or otherwise harmful to the Site, Application or Services or any person or entity.

Each Host understands and agrees that Venku does not act as an insurer or as a contracting agent for any Opportunities. If a User requests a booking of an Opportunity and partakes in an Opportunity, any agreement about such Opportunity is between the Host and User, and Venku is not a party thereto. Notwithstanding the foregoing, Venku serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Users of such amounts specified in the applicable Listing.

When a Host creates a Listing, the Host may include certain requirements that must be met by Users for them to be eligible to request a booking, including, but not limited to, requiring Users to have a profile picture or verified phone number. Any User wishing to book an Opportunity included in a Listing with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Site and Application.

Venku makes certain tools available to Hosts to help them make informed decisions about confirming and rejecting requests for bookings. You acknowledge and agree that each Host (and not Venku) is responsible for its own acts and omissions and is also responsible for the acts and omissions of any individuals who may occupy or are otherwise present at the Opportunity, excluding the User (and the individuals the User invites to the Opportunity, if applicable).

Venku recommends that Hosts obtain appropriate insurance for their Opportunities, and review any insurance policy that they may have for their Opportunities to make sure that they are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not the insurance policy will cover the actions or inactions of Users (and the individuals the User invites to the Opportunity, if applicable) while partaking in an Opportunity.

Venku does not endorse any Member or any Opportunity. Although Venku may in its discretion take steps designed to help verify or check the identities or backgrounds of Members, we do not make any representations about, confirm, or endorse any Opportunity, any Member or any Member’s purported identity or background.

Any references in the Site or Application to a User being “verified” or “connected” (or similar language) only indicate that the User has completed a relevant verification process, and do not represent an endorsement, certification or guarantee by Venku about any Member, including the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is provided for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Application. We therefore recommend that you always exercise due diligence and care when deciding whether to partake in an Opportunity, accept a booking request from a User, or have any other interaction with any other Member.

Hosts may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Opportunity. If a Security Deposit is included in a Listing for a confirmed booking of an Opportunity, Venku will use commercially reasonable efforts to obtain a pre-authorization of the User’s credit card in the amount specified for the Security Deposit within a reasonable time prior to the User’s Check-In Time at the applicable Opportunity. Venku will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Venku is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.

Venku may, in its sole discretion, round up or round down amounts that are payable from or to Users or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Venku will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

Some currencies are denominated in large numbers. In those cases, Venku may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Venku to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site or Application to a particular cause or charity. We do not take any responsibility or liability for whether the Host makes such donation, and the Host is solely responsible for compliance with such obligations.

You agree that Venku bears no responsibility for the reporting, payment, collection and remittance of any sales/use tax, VAT, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through the Site or Application by any jurisdiction having taxing authority over the sale or transaction. You agree to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted on the Site or Application, except taxes imposed on or measured by our income.

Each User is responsible for leaving each Opportunity in the condition it was in when User arrived. User acknowledges and agrees that User is responsible for User’s own acts and omissions and are also responsible for the acts and omissions of any individuals whom User invites to, or otherwise provides access to, the Opportunity. In the event that a Host claims that User did not leave an Opportunity in the same condition it was in when User arrived, and provides evidence of damage (e.g., photographs), User agrees to pay the cost of replacing the damaged items with equivalent items or otherwise repairing the Opportunity to return it to the same condition as when User arrived. Venku will notify User of any such claim and User then has forty eight (48) hours to dispute any such claim. If User does provide a written notice of dispute to Venku within such forty eight (48) hour period, Venku will charge such costs to the credit or debit card on file in User’s Venku Account. If User responds within such forty eight (48) hour period and disputes any such claim, Venku, Host and User will thereafter work together in good faith to resolve the dispute through mediation or such other means as specified by Venku. If we are unable to charge the credit card on file or otherwise collect payment from User, User agrees to remit payment for any damage to the Opportunity to the applicable Host or to Venku (if applicable).

Both Users and Hosts agree to cooperate with and assist Venku in good faith, and to provide Venku with such information and take such actions as may be reasonably requested by Venku, in connection with any complaints or claims made by Members relating to Opportunities or any personal or other property located at an Opportunity or with respect to any investigation undertaken by Venku or a representative of Venku regarding use or abuse of the Site, Application or the Services. If you are a Member, upon Venku’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with other Members, at no cost to you, which process will be conducted by Venku or a third party selected by Venku, with respect to losses for which the other Member is requesting payment from Venku.

Each User understands and agrees that Venku reserves the right, in its sole discretion, to make a claim under User’s homeowner’s, landowner’s, renter’s or other insurance policy related to any damage or loss that User may have caused or been responsible for or to an Opportunity or any personal or other property located at an Opportunity. Each User agrees to cooperate with and assist Venku in good faith, and to provide Venku with such information as may be reasonably requested by Venku, in order to make a claim under User’s homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Venku may reasonably request to assist Venku in accomplishing the foregoing.

Users and Hosts may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions. Although the Site and Application show the price of Listings in different currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location.

Each foreign currency conversion is processed at a foreign currency conversion rate. This rate and the processing of currency conversions is determined by Venku’s payment processor(s).

Subject to your compliance with the terms and conditions of these Terms, Venku grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Venku Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Venku or its licensors, except for the licenses and rights expressly granted in these Terms.

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Venku Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Venku Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Venku Account, or your Member Content, or receive assistance from Venku customer service, (b) any pending or accepted bookings as either Host or User will be immediately terminated, (c) we may communicate to your Users and/or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Users in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, (e) we may contact your Users to inform them about potential alternate Opportunities with other Hosts that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Venku Account. If we suspend, deactivate or cancel your Venku Account, you agree not to create another Venku Account without our express written permission, and agree not to access, or attempt to access, any disabled, suspended or terminated Venku Account unless and until you receive written authorization from us to do so.

You may be able to cancel your Venku Account via the Application or Site or by sending an email to terms@Venku.com. Please note that if your Venku Account is cancelled, (i) we do not have an obligation to delete or return to you any Content you have posted to or provided via the Site, Application and Services, including, but not limited to, any reviews or Feedback, and (ii) it will not cancel any confirmed bookings.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users, Hosts or other third parties will be limited to a claim against the particular User, Host or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Venku with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users and Hosts on the Site and Application regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Venku regarding the remittance of payments received from a User by Venku on behalf of a Host, which instead shall be subject to the limitations described in the section.

NEITHER Venku NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WHO USE THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, OR SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY OPPORTUNITY VIA THE SITE, APPLICATION OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Venku HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS, IN NO EVENT WILL Venku’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION, SERVICES AND CONTENT (INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY OPPORTUNITY) OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR CONTENT, AND IN CONNECTION WITH ANY OPPORTUNITY OR INTERACTIONS WITH ANY OTHER PERSONS WHO USE THE SITE, APPLICATION OR SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR THE PARTICULAR OPPORTUNITY GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID OR OWED BY Venku TO YOU FOR THE PARTICULAR OPPORTUNITY GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Venku AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Missouri and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Venku submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.

Notwithstanding the provisions of the “Modification” section above, if Venku changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to terms@Venku.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Venku’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Venku in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).