Terms and conditions

Last updated August 28th, 2012. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEHOSTELS APPLICATION. These terms of service apply to your access and use of the iOS application, the mobile web application and the website located at www.wehostels.com (collectively, the “Application”) provided by WeHostels Inc, WeHostels Inc’s subsidiaries, and affiliates or related companies ("WeHostels," “We,” or “Our”), and any feature, content, tools and services accessible by means of the Application. By accessing and using this Application, you are hereby agreeing to be legally bound by the terms and conditions of WeHostels. If you do not agree with all of the following terms and conditions, please do not use this Application. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Application following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on the date set forth above.

MODIFICATIONS

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Application and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the Application, these changes become effective immediately and if you use the Application after they become effective, it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement, including, but not limited to, the User Content Submission Agreement, other Additional Terms, Rules and Privacy Policy, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services of or obtain goods and services from, third parties (collectively, the "Advertisers") such as our merchants, advertisers, sponsors, or promotional partners as a result of your use of the Application. All such communications, interactions and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertisers).

RULES OF CONDUCT

For a complete description of the WeHostels's Rules of Conduct, click here.

OWNERSHIP OF INTELLECTUAL PROPERTY

All Application software, design, text, images, photographs, illustrations, audio-clips, video- clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the "Material") are the property of WeHostels and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. WeHostels hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Application, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party Web site) without the express prior written consent of WeHostels. Use of WeHostels and/or its licensors' Material is only permitted with express written permission. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. WeHostels Inc, may own one or more United States and international patents that apply to the Application. All contents of this Application are: Copyright 2012 WeHostels Inc, 902 Broadway, 4th Floor, New York, NY 10010. All rights reserved. The Application and the content within the Application are the property of WeHostels Inc, its owners, its clients, or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Application are the exclusive property of WeHostels. WeHostels reserves all rights in the Application and its content not specifically granted in any agreements with WeHostels or in the Terms of Use. WeHostels and other marks indicated on our Application are registered trademarks of WeHostels Inc in the United States and/or other countries. Other WeHostels marks, graphics, logos, page headers, button icons, scripts noted on the Application are WeHostels’s service marks, trademarks and trade dress and are the sole and exclusive property of WeHostels Inc. WeHostels’s service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits WeHostels and in connection with any service or product that is not sponsored, endorsed or produced by WeHostels. All other trademarks not owned by WeHostels Inc its clients, or its subsidiaries that appear on this Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WeHostels or its subsidiaries.

USER-SUBMITTED POSTINGS

To the extent that portions of this Application provide users an opportunity to submit information, ideas and opinions (the "Postings"), please be advised that Postings do not necessarily reflect the views of WeHostels. In no event shall WeHostels assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Application. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. You hereby authorize WeHostels to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, WeHostels will have the right to use and change the Postings in any manner that WeHostels may determine. Submissions by users for posting may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although WeHostels periodically monitors the content posted on this Application, it cannot be responsible for the views or opinions expressed by third parties. Nonetheless, WeHostels will make every effort to ensure that the Postings best serve the interests of all users and, therefore, WeHostels reserves the right to refuse to post, edit, or delete submissions that in its sole discretion it deems inappropriate for this Application, as well as revoke the privileges of users who do not comply with such rules. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND SERVICES. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. If a Service is listed on the Application at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Service, whether or not the order has been confirmed and even if your account has been charged (in which event a credit will be issued to your account in the amount of the charge). Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Service offered on the Application, and we reserve the right to accept or decline your order for any reason. We may contact you and require additional information from you before we grant such approval. Services on the Application are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Services that are purchased in violation of the foregoing restrictions. You are responsible for any taxes imposed on the sale or use of Services and applicable taxes will be added to the amount charged for Services purchased on the Application.

OTHER BUSINESSES

Parties other than WeHostels operate stores, provide services, or sell product lines on the Application. In addition, we provide links to the sites of affiliated companies and certain other businesses. WeHostels is not responsible for examining or evaluating, and WeHostels does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. WeHostels does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WeHostels is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Application or with respect to the information and material contained on this Application. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WeHostels, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY WeHostels OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall WeHostels's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Application.

THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by WeHostels, its subsidiaries and affiliates of the opinions or views expressed by these third party Web sites and WeHostels does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, WeHostels is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither WeHostels nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, WeHostels will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless, WeHostels, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Application from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. WeHostels reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with WeHostels in asserting any available defenses.

INFORMATION COLLECTION POLICIES

We may request personally identifiable information from visitors who choose to participate in certain activities as described below. Our information practices are described below.

LODGING RESERVATION POLICIES

WeHostels is not a licensed travel agent in any location and WeHostels does not sell or promote travel, transportation, or mobilization services. All reservations made and sales made on the Application are between the customer and the hotelier providing the lodging and are processed through our partner, Hostelworld Limited (“Hostelworld”). WeHostels does not guarantee the availability, accuracy, truthfulness, or terms of any offer made by a hotelier for Lodging on the Application. You agree to hold WeHostels harmless for any losses or damages incurred as a result of any transaction between you and a hotelier advertising on the Application. Neither WeHostels nor the Application shall be liable for any refunds, rebates, or any other form of compensation resulting from any loss incurred by you or a user of the Application or for any transaction entered into between you and a third party by way of the Application. While customers on the Application are required to provide credit card details to guarantee the online reservation for lodging offered on the Application, the payments are processed through our partner, Hostelworld. You can read their Terms and Conditions here. WeHostels is not responsible for the confidential treatment of the customer’s credit card details once transmitted to it by the Application and for the verification of the validity of these credit card details and the limit of credit on the date of the overnight stay(s) booked. WeHostels and the Application disclaim any and all responsibility for any and all monetary transactions between the customer, the Lodging and Hostelworld on the Application and offers no guarantee that such transactions are accurate, faithful to their online representations, or available. The terms of any agreement between the Lodging and a customer via the application shall be governed solely by the terms of such transactions as stated in the Lodging’s posting and confirmed via e-mail once such a transaction is confirmed.

E-MAIL

WeHostels provides visitors the opportunity to send e-mail to us. We request no personally identifiable information from the visitor when sending an e-mail. We may share e-mail addresses with our affiliated departments and businesses that may have their own disclosure practices. Visitors' e-mail correspondences are deleted from our system periodically.

USE OF INFORMATION

At WeHostels, we may share aggregate information about our visitors with both our affiliated businesses (e.g. WeHostels Research) and externally with third parties, such as advertisers and business partners. We may also share personal information about our visitors with our affiliated departments and businesses that may have their own disclosure practices. However, it is our policy to not disclose externally with third parties personal information collected on our Application, except in the following instances:

AGENTS

The personal information provided to WeHostels by visitors may be transferred, disclosed or shared with third parties who may be engaged by us specifically to handle and deliver certain activities (e.g., sweepstakes, e-cards, newsletters) and perform other technical and processing functions, such as sending postal mail and e-mail, record keeping, programming, providing user services to our visitors, or otherwise operating our Application. They have access to personal information needed to perform their functions, but may not use it for other purposes. For our privacy policy click here.

BUSINESS TRANSFERS

In the event that all or substantially all of the assets relating to WeHostels are transferred or sold to another entity, personally identifiable information may be transferred to the acquiring entity.

SPECIAL CASES

We may also disclose personally identifiable information to third parties when required by law or is pertinent to judicial or government investigations or proceedings, or otherwise necessary to protect our Web Application or the safety of its users. Other than as set forth above, we do not at present intend to use your personal information for other purposes. However, in the future we may disclose personal information you have provided to third parties for additional purposes and in the event we do, we will provide notices of such use to our users.

SECURITY

WeHostels has taken steps to ensure that personally identifiable information collected is secure, including limiting the number of people who have physical access to our database servers as well as electronic security systems and password protections, which guard against unauthorized access.

QUESTIONS/CONCERNS

If you have any questions regarding these Terms of Use, please contact us. WeHostels's sites are intended for domestic and international visitors and, consequently, are of not specifically directed toward residents of any individual country. This policy, like the online medium itself, is subject to change. This page was last updated on the date set forth above.