This contract describes the general terms and conditions (hereinafter only “TERMS AND CONDITIONS”) applicable to the use of the content, products and services offered through the site www.evenflowhosts.com (hereinafter, “WEBSITE”), of which EvenFlow is the owner (hereinafter, “HOLDER”) and has its address established in the Real Bilbao neighborhood, Playa de Carmen, Quintana Roo, Mexico.

Any person who wishes to access or make use of the site or the services offered therein, may do so subject to these TERMS AND CONDITIONS, as well as the policies and principles incorporated into this document. In any case, any person who does not accept these terms and conditions must refrain from using the WEBSITE and / or acquiring the products and services that may be offered.

 

I. OF THE OBJECT.

The purpose of these TERMS AND CONDITIONS is to regulate the access and use of the WEBSITE, understanding by this any type of content, product or service that is available to the general public within the domain: www.evenflowhosts.com. The HOLDER reserves the right to modify at any time and without prior notice, the presentation, the contents, the functionality, the products, the services, and the configuration that may be contained in the WEBSITE; In this sense, the USER acknowledges and accepts that Evenflow may at any time interrupt, deactivate or cancel any of the elements that make up the WEBSITE or access to them. Access to the WEBSITE by the USER is free and, as a general rule, is free without the USER having to provide a remuneration to be able to enjoy it, except in relation to the cost of the internet connection provided by the provider of this type of services that the USER himself has contracted. Access to the content and services provided through the WEBSITE will not require any subscription or registration. The WEBSITE is aimed at everyone, regardless of age. However, to use it you must be of legal age.

The WEBSITE is aimed mainly at USERS residing in the Mexican Republic, therefore, Evenflow does not ensure that the WEBSITE fully or partially complies with the legislation of other countries, so, if the USER resides or has his address established in another country and decides to access or use the WEBSITE, he/she will do so under his/her own responsibility and must ensure that such access and navigation complies with the local legislation that is applicable to him/her. Evenflow doesn’t assumes any responsibility that may arise from the said act.

The USER is informed that the OWNER may manage the WEBSITE directly or through a third party, which does not modify in any way what is established in these TERMS AND CONDITIONS.

 

II. OF THE USER.

Access to or use of the WEBSITE confers the condition of USER of the WEBSITE, so he/she will be subject to these TERMS AND CONDITIONS, as well as their subsequent modifications, without prejudice to the application of the applicable legislation. Therefore, they will be accepted from the moment the WEBSITE is accessed. Given the relevance of the foregoing, we recommend the USER to review the updates made to these TERMS AND CONDITIONS.

It is the USER’s responsibility to use the WEBSITE according to the way it was designed; In this sense, the use of any type of software that automates the interaction or download of the contents or services provided through the WEBSITE. In addition, the USER agrees to use the information, content or services offered through the WEBSITE in a lawful manner, without violating the provisions of these TERMS AND CONDITIONS, morality or public order, and will refrain from performing any act that may imply an infringement of the rights of third parties, or in any way impair the functioning of the WEBSITE.

The access to the WEBSITE does not imply the establishment of any type of relationship between the OWNER and the USER.

 

III. ACCESS AND NAVIGATION ON THE WEBSITE.

The OWNER does not guarantee in any way the continuity and availability of the contents, products or services offered through the WEBSITE, however, the OWNER will carry out the actions that, according to their possibilities, allow them to maintain the proper functioning of the WEBSITE, without this implying any responsibility on Evenflow’s side.

Similarly, Evenflow will not be responsible or guarantee that the content or software that can be accessed through the WEBSITE, is free of errors, malicious software, or that it may cause any damage at the software level or hardware on the equipment through which the USER accesses the WEBSITE. The OWNER is not responsible for any damages that may be caused by improper use of the WEBSITE. In no case will Evenflow be responsible for losses, damages or damages of any kind that arise from the sole access or use of the WEBSITE.

 

IV. OF THE BENEFIT SHARING AGREEMENT

This profit sharing agreement is signed between the legal and legitimate owner or, where appropriate, the person who has legal possession of the property (“The Owner”) and (“Evenflow”). Both parties declare that:

  1. The Owner is the legal and legitimate owner of (“The Property”) or, if applicable, has the legal possession of it.
  2. The Owner has assigned Evenflow the administration of The Property, which will be used for the short-term rental service through the Airbnb platform and / or other short-term rental listing companies previously agreed by the Owner and Evenflow (like Booking or Vrbo).
  3. The Owner wishes to use Evenflow’s services, so all guests staying at The Property must make their reservation and payment through Airbnb services, in consideration of Evenflow’s right to receive a profit share for the accommodation.
  4. The allocation of profit sharing will be agreed between both parties.
  5. Both The Owner and Evenflow accept the Airbnb Terms of Service, which can be consulted on its website to offer the short-term rental service.

 

V. GENERAL CONDITIONS OF THE SERVICE

The owner agrees to hold Evenflow harmless from all claims, awards, damages, obligations, losses, liabilities, costs or debts and expenses of third parties (including but not limited to attorneys’ fees) arising out of violation by The Owner of any term of the general conditions contained in this agreement or any federal, state or local law, rule or regulation, as well as arising from any violation by The Owner of any right of a third party, including but not limited to any property rights.

Evenflow does not offer any guarantee, representation or condition that the results that may be obtained from the use of the Evenflow services will be exact or according to the specific expectations of the user thereof. The owner agrees that Evenflow may at any time request to be solely responsible for all communications and interactions with guests and other users of Airbnb and other platforms used to provide the service. Evenflow cannot guarantee that guests will comply with the terms of this agreement and the terms of service of Airbnb or any of the platforms used for the service; however, Evenflow will notify the owner if it discovers a guest acting in violation of these agreements and will file the pertinent complaints and claims with Airbnb or the appropriate platform.

Neither party shall have the right to assign its rights and obligations without the prior written consent of the other party, except that Evenflow may assign its rights and obligations to an affiliate or successor by merger, acquisition or sale of all Evenflow assets, whose assignee will agree in writing to be bound by Evenflow’s obligation under this agreement. In such case, Evenflow will notify The Owner in writing in the days after said assignment.

 

VI. LINK POLICY.

The website

It may contain links, content, services or functions, from other internet sites owned and / or managed by third parties, such as images, videos, comments, search engines, etc. The use of these links, content, services or functions is intended to improve the USER’s experience when making use of the WEBSITE, without it being considered a suggestion, recommendation or invitation to use external sites.

In no case will Evenflow review or control the content of external sites; in the same way, it does not endorse the products, services, content, and any other existing material in the aforementioned linked sites; Therefore, the availability, accuracy, veracity, validity or legality of external sites that can be accessed through the WEBSITE will not be guaranteed either.

Likewise, the OWNER does not assume any responsibility for the damages and losses that may occur due to the access or use of the contents, products or services available on the websites not managed by Evenflow that can be accessed through the WEBSITE.

USERS or third parties who make or publish a web link from an external web page to this WEBSITE must take into account the following: the reproduction (total or partial) of the contents, products or services available on the WEBSITE is not allowed without the express authorization of Evenflow or its owner. Nor will false, inaccurate or incorrect statements be allowed on the WEBSITE, nor on its contents, products or services, and Evenflow may restrict access to the WEBSITE to anyone who engages in this type of act. The establishment of a link to the WEBSITE from any external site will not imply the existence of any relationship between Evenflow and the owner of the website from which it is carried out; it will not imply Evenflow’s knowledge of the contents, products or services offered on external sites from which the WEBSITE can be accessed.

 

VII. POLICY REGARDING INTELLECTUAL AND INDUSTRIAL PROPERTY

Evenflow by itself or as a transferee, is the owner of all the intellectual and industrial property rights of the WEBSITE, understanding by this the source code that makes its operation possible as well as the images, audio or video files, logos, brands, combinations of colors, structures, designs and other elements that distinguish it. They will, therefore, be protected by Mexican legislation on intellectual and industrial property, as well as by applicable international treaties. Consequently, the reproduction, distribution, or dissemination of the contents of the WEBSITE for commercial purposes, in any medium and by any means, without the authorization of Evenflow, is expressly prohibited. The USER undertakes to respect the intellectual and industrial property rights of the HOLDER. However, in addition to being able to view the elements of the WEBSITE, he may print, copy or store them, as long as it is exclusively for your strictly personal use.

On the other hand, the USER will refrain from deleting, altering, or manipulating any element, file, or content, of the WEBSITE, and for no reason will carry out acts tending to violate the security, files or databases that are protected , either through restricted access by means of a username and password, or because they do not have the permissions to view, edit or manipulate them.

In the event that the USER or any third party considers that any of the contents of the WEBSITE constitutes a violation of the protection rights of industrial or intellectual property, he must immediately notify Evenflow through the contact information available on the WEBSITE itself and / or through the following means:

Telephone: (+52) 99 8223 5710

Email: hola@evenflowhosts.com

 

VIII. APPLICABLE LEGISLATION AND JURISDICTION.

Evenflow reserves the right to file the civil or criminal actions it deems necessary for the improper use of the WEBSITE, its contents, products or services, or for the breach of these TERMS AND CONDITIONS.

The relationship between the USER and Evenflow will be governed by current legislation in Mexico, specifically in Mexico City. Should any controversy arise in relation to the interpretation and / or application of these TERMS AND CONDITIONS, the parties will submit to the ordinary jurisdiction of the corresponding courts in accordance with the law in the state just mentioned.