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Terms of Service updated: August 13, 2019
Modifications Since Last Update: New as of August 13, 2019
Read these Terms of Service (“Terms”) as they contain important information about your legal rights, remedies and obligations. By using the cellBONES Technolgies Platform, including cellBONES, you agree to comply with and be bound by these Terms.
The Terms of Service are a legally binding agreement (“Agreement“) between you and cellBONES Technologies governing your access to any and all cellBONES Technologies owned and operated websites and mobile app, including the use of the KandiCafe website. This includes your use of the following;
- Websites and subdomains owned and operated by cellBONES Technologies, including KandiCafe.
- Access using mobile, tablets and other smart devices, or mobile apps owned and operated by cellBONES Technologies
The Site, Applications, mobile app, other websites and cellBONES Services together are hereinafter collectively referred to as the “cellBONES Platform”.
When these Terms mention “cellBONES” “we,” “us,” or “our,” it refers to the cellBONES Technologies company you are contracting with.
As of August 11, 2019, the property listing and hosting services provided by the cellBONES platform are limited to Thailand. Properties outside of Thailand are prohibited and will not be approved at this time.
Hosts are responsible for complying with all laws, rules and regulations that apply to their country, landlord and home owners association. If you have questions about laws, rules and regulations that apply to your property then please obtain legal guidance.
Table of Contents
- Scope of cellBONES Services
- General Terms
- Eligibility to use of the cellBONES Platform
- Modification of these Terms
- Account Registration
- Service Fees
- Terms specific for Hosts and Services
- Terms specific for Guests
- Reward platform
- Service Fees
- Travel Credits
- Booking Modifications, Cancellations and Refunds, Resolution Center
- Ratings and Reviews
- Damage to Accommodations, Disputes between Members
- Term and Termination, Suspension and other Measures
1. Scope of cellBONES Services
1.1 The cellBONES Platform includes the following;
(1) E-Commerce store which offers products for sale
(2) Listing service to offer property rentals and services
(3) Rewards Platform
1.2 The e-commerce store offers products such as T-Shirts, clothing, electronics, mobile services, and other similar items.
1.3 The Listing service enables registered users (“Members”) to publish rental properties and services available to other Members. Services may include transportation, logistics, laundry, events and a variety of travel and non-travel related services.
1.4 The Rewards platform enables cellBONES and other business customers the ability for Members to earn the reward token called BONES (“BONES”) which is redeemable within the cellBONES platform for products, services and property listings.
2. General Terms
2.1 By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of cellBONES, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
2.2 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the cellBONES Platform, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
2.3 cellBONES has full control over content on any owned and operated digital assets including cellBONES. cellBONES has the right to remove any content deemed offensive or inaccurate without cause. cellBONES has the right to remove any content for any reason in order to maintain a friendly environment for all Members.
2.4 Listings and other Member Content may be displayed on other digital assets such as websites, applications, and online advertisements websites. Listings and Host Services may be translated into other languages. cellBONES Technologies cannot guarantee the accuracy of translations. Hosts are responsible for reviewing the accuracy of such translations. Google provides translations services and disclaims all warranties related to translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
2.5 The cellBONES Platform contains links to third-party websites and resources (“Third-Party Services”). Third-Party Services may be subject to different terms and conditions and privacy practices. cellBONES Technologies is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by cellBONES Technologies of such Third-Party Services.
2.6 cellBONES cannot guarantee uninterrupted availability and access to the cellBONES Platform. cellBONES Technologies will carry out maintenance measures to maintain improved functionality and security and reserves the right to restrict access to certain areas or features when required.
2.7 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.8 You must not transmit any worms or viruses or any code of a destructive nature.
2.9 A breach or violation of any of the Terms will result in an immediate termination of your Services.
2.10 We reserve the right to refuse service to anyone for any reason at any time.
2.11 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.12 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
2.13 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
2.14 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
2.15 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
2.16 Prices for our products are subject to change without notice.
2.17 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
2.18 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
2.19 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
2.20 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
2.21 In no case shall cellBONES Technologies, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
2.22 You agree to indemnify, defend and hold harmless cellBONES Technologies and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
2.23 No joint venture, partnership, employment, or agency relationship exists between you and cellBONES as a result of this Agreement or your use of the cellBONES Platform.
2.24 These Terms are governed by and construed in accordance with Hong Kong law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Hong Kong law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of cellBONES place of business in Hong Kong. If cellBONES wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Hong Kong courts.
2.25 You are solely responsible for all Member Content that you make available on or through the cellBONES Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the cellBONES Platform or you have all rights, licenses, consents and releases that are necessary to grant to cellBONES the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or cellBONES use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
2.26 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates cellBONES Content Policy or any other cellBONES policy. cellBONESmay, without prior notice, remove or disable access to any Member Content that cellBONES finds to be in violation of applicable law, these Terms or cellBONES then-current Policies or Standards, or otherwise may be harmful or objectionable to cellBONNES, its Members, third parties, or property.
2.27 cellBONES respects copyright law and expects its Members to do the same. If you believe that any content on the cellBONES Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
3. Eligibility, Using the cellBONES Platform, Member Verification
3.1 In order to use the cellBONES Platform or register an cellBONES account you must be an individual at least 16 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contacts.
3.2 cellBONES may make access to and use of the cellBONES Platform or certain area or features, subject to certain conditions or requirements. These requirements may include, but not limited to age of Member, completing a verification process, meeting eligibility criteria, location of Listing, Ratings or Review, Host or Members book and cancellation history.
3.3 cellBONES Technologies has the right to cancel any account or reject any Member for attempting to fraud, cheat, steal or hack the cellBONES Technologies platform. Members which create duplicate accounts or intentionally or non-intentionally mislead with fake Member accounts will be terminated. This includes any Member who knowingly finds a loophole in the rewards platform and uses it to earn Rewards which will be considered theft from cellBONES and all Members.
3.4 cellBONES Technologies has the right to reject rewards to any Member who has earned or attempted to earn rewards by fraud, cheating, stealing or hacking the cellBONES Technologies platform. This includes any Member who knowingly finds a loophole in the rewards platform and uses it to earn Rewards which will be considered theft from cellBONES and all Members.
3.5 cellBONES Technologies may require a Host to confirm their identity by providing a Government ID. While we may require this from a Host, we do not assume any responsibility for the confirmation of any Members identity.
3.6 Access to use certain areas and features of the cellBONES Platform are subject to separate policies, standards and guideline which may require you accept additional terms and conditions.
3.7 If you access or download any cellBONES Technologies provided application from the Apple App Store, you agree to Apple’s Licensed Application end User License Agreement.
3.8 If you access or download any cellBONES Technologies provided application from the Google Play Store, you agree to Google’s Licensed Application end User License Agreement.
4. Modification of these Terms
4.1 cellBONES Technologies reserves the right to modify these Terms at any time for any reason. If we make changes to these Terms, we will post the revised Terms on the cellBONES Platform ad update the “Terms of Service Updated” date. We will also identify the change(s) in the “Modifications Since Last Update” section. We will notify modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised terms, you may terminate his Agreement with immediate affect. If you do not terminate your Agreement before the date the revised terms become effective, your continue access to or use of the cellBONES Platform will constitute acceptance of the revised Terms.
5.1 You must register an account (“cellBONES Account“) to access and use certain features of the cellBONES Platform, such as publishing or booking a Listing. You may not register on behalf of a business, organization or other legal entity.
5.2 You can register an cellBONES Account using an email address and creating a password, or through your account with certain third-party social networking services. You have the ability to disable the connection between your cellBONES Account and your SNS Account at any time.
5.3 You must provide accurate, current and complete information during the registration process and keep your cellBONES Account and public cellBONES Account profile page information up-to-date at all times.
5.4 You may not register more than one (1) cellBONES Account, nor can you transfer your account to someone else. Any member who creates multiple accounts on cellBONES or cellBONES may have their account(s) terminated without cause.
5.5 You are responsible for maintaining the confidentiality and security of your cellBONES Account credentials and may not disclose your credentials to any third party. You must immediately notify cellBONES if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your cellBONES Account. You are liable for any and all activities conducted through your cellBONES Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
6.1 cellBONES may enable Members to create, post, upload, send receive and store content including photos, texts, video or other information on the cellBONES Platform (“Member Content”).
6.2 The cellBONES Platform, cellBONES Content, and Member Content may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the cellBONES Platform and cellBONES Content, including all associated intellectual property rights, are the exclusive property of cellBONES and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the cellBONES Platform, cellBONES Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of cellBONES used on or in connection with the cellBONES Platform and cellBONES Content are trademarks or registered trademarks of cellBONES in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the cellBONES Platform, cellBONES Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
6.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the cellBONES Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or 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 cellBONES or its licensors, except for the licenses and rights expressly granted in these Terms.
6.4 Subject to your compliance with these Terms, cellBONES grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the cellBONES Platform and accessible to you, solely for your personal and non-commercial use.
7. Terms Specific to E-Commerce
7.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
7.2 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
7.3 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
7.4 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
7.5 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7.6 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
7.7 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
7.8 cellBONES will determine if a Refund is approved at their sole discretion. Refunds will be in the form of BONES tokens which a Member can use to redeem for other products and services within the cellBONES Platform. Please review the refund policy as stated in the FAQ.
8. Terms specific for Hosts
8.1 Terms applicable to all Listings
8.1.1 While cellBONES Technologies may help facilitate the resolution of disputes for Listing and Host Services, cellBONES Technologies has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. cellBONES does not endorse any Member, Listing or Host Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by cellBONES about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable.
8.1.2 You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by cellBONES of any Host or Listing.
8.1.3 A Host that uses the cellBONES Platform agrees to being an independent, third-party contractor and not an employee, agent, joint venture or partner of cellBONES Technologies. You act exclusively on your own behalf and for your own benefit. cellBONES does not direct or control your performance with your provision of the Host Services. You agree that you have complete control and discretion to Listing and to list Host Services.
8.1.4 When creating a Listing through the cellBONES Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by cellBONES. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
8.1.5 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
8.1.6 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
8.1.7 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. cellBONES reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
8.1.8 The placement and ranking of Listings in search results on the cellBONES Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking. More information about the factors that determine how your Listing appears in search results can be found on our help center.
8.1.9 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
8.1.10 cellBONES recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you 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 your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.
8.1.11 In order to use the cellBONES Platform to purchase Listing or Host Services you must be an individual of 25 years old and in good standing under the laws of the country you are established and able to enter into legally binding contacts
8.2 Listing Accommodations
8.2.1 Host may not list more than one Accommodation per Listing.
8.2.2 Host must specific if you require a security deposit (“Security Deposit”). Hosts are not allowed to ask for a Security Deposit after a booking has been confirmed.
8.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest and any individuals the Guest invites to the Accommodation.
8.3 Listing Experiences, Events and other Host Services
8.1.1 Hosts who list Experiences, Events and Host Services other than Accommodations agree to take full responsibility for providing the Host services. The service is an agreement between the Host and the Guest and all parties agree not to hold cellBONES accountable for any issues, liability or service levels of services beyond Listing.
9. Terms specific for Guests
9.1 Subject to meeting any requirements (such as completing any verification processes) set by cellBONES and/or the Host, you can book a Listing available on the cellBONES Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your cellBONES Account.
9.2 Upon receipt of a booking confirmation from cellBONES, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. cellBONES Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.
9.3 In order to secure the reservation, the Guest must pay 100% of the rental charge at the time that the reservation is accepted by the Host. The reservation will not be considered complete until full payment is completed by the Guest. The rental rate may not include all applicable charges based on the specific Listing and further charges may apply. Charge may include items such as electric, or additional Host Services you wish to purchase.
9.4 cellBONES will charge a service fee to the Host in consideration for the use of platform
9.5 No refund will be provided for any cancellation of a reservation for any reason. The Guest may transfer remaining rental days to another Guest, but the Guest must be a Member of cellBONES and in good standing. New Guest must also provide a Government ID before being approved as a replacement for time left on the original reservation.
9.6 All room reservations are subject to availability. Reservations may not be postponed and the original booking payment is non-refundable. In the case of a No Show by the Guest, any payments made by the Guest will not be refunded.
9.7 In case of Termination during your stay: If the Guest infringes any section of this agreement, or violates or in breach of any part of this agreement, the tenant agrees that this agreement will be terminated and the tenant agrees to return the key and the property immediately. In such case, no refund is granted. The contract shall become binding once payment transaction is completed and shall be governed by and construed and interpreted in accordance with the law of the kingdom of Thailand. Payment is non-refundable in case of termination.
9.8 In case of Termination during your stay: If the Guest voluntarily terminates their stay then the Guest agrees to return the key and property on the agreed upon termination date with no refund. The Guest may transfer the remaining rental days , but the Guest must be a Member of cellBONES and in good standing. New Guest must also provide a Government ID before being approved as a replacement for time left on the original reservation. The contract shall become binding once payment transaction is completed and shall be governed by and construed and interpreted in accordance with the law of the kingdom of Thailand. Payment is non-refundable in case of termination.
9.9 In case of the room reserved according to Section 1 falling into a condition unfit for rent or becoming unavailable, cellBONES reserves the right to provide the Guest with a comparable replacement room as appropriate.
9.10 The Guest shall provide truthful information while interacting or making bookings with the Host through the website. False information or any fraudulent activities will be rejected or result in cancellation from the Host without notification and refund. Also, the tenant must provide a valid passport or ID card and booking voucher is required upon check in time.
9.11 The Guest name must match with the name appeared on booking voucher and confirmed by his/her passport or ID card upon check in time. The information given on the booking voucher is assumed accurate and that false information supplied may result in the lessor denial or cancellation of your booking without prior notice.
9.12 The accommodation will be in accommodating a maximum occupancy as follows;
- 2 adults and 1 child for Studio room,
- 2 adults and 1 child for 1 Bedroom
- 4 adults and 1 child for 2 Bedroom
- 6 adults and 1 child for 3 Bedroom.
- Child age over 4 years old is considered as adult.
- Child below 4 years old must sharing bed with parents.
9.13 Some Listings may include additional fee’s. Such fee’s will be paid directly to the Listing manager or Home Owners Association Office on a weekly basis. Fee’s may include the following;
- Electricity supply (some units include a cap of electric units)
- Maid service
- Laundry pick up/drop off
- Additional bed linens, towels, amenities, and other asset requested for extra.
- Other related additional expenses (if any).
9.14 NO EXTRA BED and BABY COT provided for additional person.
9.15 Standard Check-in and Check-out time
- Check-in time 14:00 hrs. – 17:30 hrs.
- Check-out time 9:00 hrs. – 12:00 hrs.
- Working hours of on-site representative 9:00 hrs. – 17:30 hrs.
- Early check-in or late check-out is subject to availability.
- Late check-in, please notify exact arrival time 3 days prior to arrival date. It will be negotiated with apartment’s policy on case by case.
9.16 During the reservation payment process, the Guest must pay the Security Deposit. The security deposit will be returned, without any interest, to the tenant within 30 days of the ending/termination of the lease/contract provided that there is no breach of any terms and conditions of the lease/contract during the lease/contract period.
9.17 There is no insurance for the damage or repair to the furniture and fixtures and electronic appliances. Guests assume full responsibility and shall be charged for misuse of these items except for normal wear and depreciation of normal usage. Guest must notify the building maintenance staff immediately so that attempts can be made to repair for a low cost. If the damage cannot be easily repaired, the maintenance staff will provide an estimate to repair or replace and the Guest will be charged by the Host.
9.18 You understand that a confirmed booking is a limited license granted to you by the Host to enter, occupy and use for the duration of your stay, during which time the Host (where applicable by law) retains the right to re-enter the property.
9.19 You agree to leave the property no later than the checkout time that the Host specifies in the listing and no later than 2pm if not checkout time is listed. If you stay past the agreed upon checkout time without the Host’s consent, you no longer have a license to stay and the Host is entitled to make you leave in the manner applicable to the law. You also agree to pay Overstay fees of $10 per hour for each our you stay after the checkout time.
9.20 You are responsible for reviewing any Host Service offered by the Host and you must ensure you and any additional guests meet any minimum age, fitness, or other requirements for any Host Service. You agree to Host Services at your sole discretion and agree not to hold cellBONES liable for any Host Services you purchased.
9.3.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
10. Reward Platform
10.2 cellBONES may reject usage of BONES at our sole discretion if we deem the BONES were obtained in violation of our policies or by illegal means. This may include purchasing BONES as a resident where this act is deemed in violation of laws where you reside.
10.3 BONES is a reward token based on crypto-technology. The BONES token is only redeemable within the cellBONES Platform and anyone who sells, buys or trades the BONES token outside of cellBONES assumes all risk and liability.
10.4 BONES tokens which are earned using the cellBONES Platform are sent to the digital wallet address provided by the Member at the time of transfer. It is the responsibility of the Member to provide an accurate wallet address and to secure that wallet address. You agree that cellBONES is not responsible for any loss due to your negligence of providing accurate information or improper security.
10.5 cellBONES will provide redemption services so that Members who purchase and earn BONES tokens will have the ability to redeem BONES.
10.6 BONES is a reward token and defined as a utility token. BONES tokens do not represent equity or voting rights and are used exclusively within the cellBONES Platform.
10.7 BONES token is intended to be a stable token as stated by the cellBONES website material and may increase or decrease in value. cellBONES makes no guarantees that the value of BONES increases in value.
10.8 cellBONES may change the value of the BONES token at any time. The value of BONES will be stated on the cellBONES redemption websites.
10.9 If a Member transfers their BONES to anyone they do so at their own risk.
10.10 cellBONES may offer discounts on products and services when a Member uses BONES as the Payment method. The discounts offered are subject to change at any time and it is the responsibility of the Member to verify discounts at the time of purchase.
10.11 cellBONES reserves the right to reject BONES from any Member at the sole discretion of cellBONES if the Member has multiple accounts on the cellBONES Platform.
11. Service Fees
11.1 cellBONES may charge fees to Hosts (“Host Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the cellBONES Platform.
11.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. cellBONES reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
11.3 You are responsible for paying any Service Fees that you owe to cellBONES. The applicable Service Fees (including any applicable Taxes) are collected by cellBONES Payments. cellBONES Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by cellBONES Payments. Except as otherwise provided on the cellBONES Platform, Service Fees are non-refundable.
12. cellBONES Travel Credits
12.1 cellBONES may provide travel credits to Members in the form of the BONES reward token. You may only redeem BONES reward tokens when the BONES tokens are reflected in your account.
13. Booking Modifications, Cancellations and Refunds, Resolution Center
13.1 Hosts and Guests are responsible for any modifications to a booking that they make via the cellBONES Platform or direct cellBONES customer service to make (“Booking Modifications“), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
13.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, cellBONES may allow the Guest to apply the refund to a new booking, in which case cellBONES Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction.
13.4 For Experiences, Events and other Host Services, if weather poses a safety risk to Guests, or if it prevents a Host from carrying out a Host Service that takes place primarily outdoors, Hosts may cancel the Host Service. Hosts may also cancel the Host Service if other conditions exist that would prevent the Host from offering the Host Service safely.
13.5 In certain circumstances, cellBONES may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts.
14. Ratings and Reviews
14.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of cellBONES. Ratings and Reviews are not verified by cellBONES for accuracy and may be incorrect or misleading.
14.2 Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive or defamatory language.
14.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
15. Damage to Accommodations, Disputes between Members
15.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
15.2 If a Host claims and provides evidence that you as a guest have damaged an Accomodation or any personal or other property at the Accommodation (“Damage Claim”), the Host can seek payment from you. The Host and cellBONES will determine at our own discretion that you are responsible for the Damage claim. We will collect any such sums from you or your Security Deposit (if applicable) to cover the Damage Claim.
16.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).
17. Term and Termination, Suspension and other Measures
17.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or cellBONES terminate the Agreement in accordance with this provision.
17.2 You may terminate this Agreement at any time by sending us an email. If you cancel your ccellBONES Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your cellBONES Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
17.3 Without limiting our rights specified below, cellBONES may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
17.4 cellBONES may immediately, without notice, terminate this Agreement and/or stop providing access to the cellBONES Platform for any reason.
17.5 In addition, cellBONES may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the cellBONES Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or celllBONES otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) cellBONES believes in good faith that such action is reasonably necessary to protect the personal safety or property of cellBONES, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the cellBONES Platform;
- temporarily or permanently revoke any special status associated with your cellBONES Account;
- temporarily or in case of severe or repeated offenses permanently suspend your cellBONES Account and stop providing access to the cellBONES Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by cellBONESand an opportunity to resolve the issue to reasonable satisfaction.
17.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
17.7 When this Agreement has been terminated, you are not entitled to a restoration of your cellBONES Account or any of your Member Content. If your access to or use of the cellBONES Platform has been limited or your cellBONES Account has been suspended or this Agreement has been terminated by us, you may not register a new cellBONES Account or access and use the cellBONES Platform through an Account of another Member.
17.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the cellBONES Platform or Collective Content, you do so voluntarily and at your sole risk. The cellBONES Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the cellBONES Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by cellBONES relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experiences, Events, other Host Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service or the Group Payment Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless cellBONES from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
19.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the cellBONES Platform and Collective Content, your publishing or booking of any Listing via the cellBONES Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Host Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither cellBONES nor any other party involved in creating, producing, or delivering the cellBONES Platform or Collective 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 (i) these Terms, (ii) from the use of or inability to use the cellBONES Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the cellBONES Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not cellBONES 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 or an approved payment request under the cellBONES Host Guarantee, in no event will cellBONES aggregate liability arising out of or in connection with these Terms and your use of the cellBONES Platform including, but not limited to, from your publishing or booking of any Listings via the cellBONES Platform, or from the use of or inability to use the cellBONES Platform or Collective Content and in connection with any Accommodation, Experiences, Event, other Host Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the cellBONES Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by cellBONES to you in the twelve (12) month period prior to the event giving rise to the liability, or fifty U.S. dollars (US$50), 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 cellBONES 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. If you reside outside of the U.S., this does not affect cellBONES liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
20.1 We welcome your feedback, comments and suggestions. You may submit feedback by emailing us at support@cellBONES.com .