Please read these Payments Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services, you agree to comply with and be bound by these Payments Terms of Service.
Please note: Section 23 of these Payments Terms of Service contains an arbitration clause and class action waiver that applies to all CryptoCribs Members. If you reside in the United States, this provision applies to all disputes with CryptoCribs Payments. If you reside outside of the United States, this provision applies to any action you bring against CryptoCribs Payments in the United States. It affects how disputes with CryptoCribs Payments are resolved. By accepting these Payments Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: June 19, 2017
These Payments Terms of Service (“Payments Terms”) constitute a legally binding agreement (“Agreement”) between you and CryptoCribs Payments governing the Payment Services (defined below) conducted through or in connection with the CryptoCribs Platform.
When these Payments Terms mention “CryptoCribs Payments,” “we,” “us,” or “our,” it refers to the CryptoCribs Payments company you are contracting with for Payment Services.
The CryptoCribs Terms of Service (“CryptoCribs Terms”) separately govern your use of the CryptoCribs Platform. All capitalized terms have the meaning set forth in the CryptoCribs Terms unless otherwise defined in these Payments Terms.
1.1 CryptoCribs Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the CryptoCribs Platform (“Payment Services”).
1.2 CryptoCribs Payments may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. CryptoCribs Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. CryptoCribs Payments 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 CryptoCribs Payments of such Third-Party Services.
1.4 You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction in which you reside, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
“Booking Currency” means the crypto currency in which a Guest pays for his or her booking. The Guest will be able to select their Booking Currency when checking out. The Booking Currency for a booking may be different from the relevant Listing Country Currency.
“Listing Country Currency” means the default currency associated with the country in which the Listing is located. For example, the Listing Country Currency for a Listing located in New York would be U.S. dollars, and the Listing Country Currency for a Listing located in Japan would be Japanese Yen.
“Payout” means a payment initiated by CryptoCribs Payments to a Member for services (such as Listing Fees and Co-Host Services Fees) performed in connection with the CryptoCribs Platform.
“Payout Method” means the Bitcoin or Ethereum wallet addresses that you have supplied to your CryptoCribs Account.
“Transaction Fees” means fees are included with a crypto currency transaction in order to have the transaction processed by a miner and confirmed by the network.
CryptoCribs Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the CryptoCribs Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
4.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.
4.2 If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
4.3 CryptoCribs Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
4.4 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address or Payout Methods; or (iii) attempting to screen your information against third-party databases. CryptoCribs Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
5.1 In order to use the Payment Services, you must have a CryptoCribs Account in good standing. If you or CryptoCribs closes your CryptoCribs Account for any reason, you will no longer be able to use the Payment Services.
5.2 You may authorize a third party to use your CryptoCribs Account in accordance with the CryptoCribs Terms. You acknowledge and agree that anyone you authorize to use your CryptoCribs Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
6.1 When you add a Payout Method to your CryptoCribs Account, you will be asked to provide the public keys of your crypto currency wallets, in particular your Bitcoin (BTC) and Ethereum (ETH) addresses. You must provide accurate, current, and complete information when adding a Payout Method, and it is your obligation to keep your Payout Method up-to-date at all times.
6.2 When you add or use a new a Payout Method, CryptoCribs Payments may verify the Payout Method by authorizing a small nominal amount in the a Payout Method’s crypto currencies (e.g., 0.0001 ETH). For further verification, we may also authorize your Payout Method for one or two additional small nominal amounts and ask you to confirm these amounts. When you add a Payout Method during checkout, we will automatically save that Payout Method to your CryptoCribs Account so it can be used for a future transaction.
6.3 To verify your Payout Method, CryptoCribs Payments may send one or more payments of nominal amounts to your Payout Method. We may, and retain the right to, to ask you for refunds of these amounts from your Payout Method.
6.4 Please note that Payout Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and CryptoCribs Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payout Method.
6.5 You authorize CryptoCribs Payments to store your Payout Method information. If your Payout Method’s account information changes as a result of re-issuance or otherwise, it is your obligation to update your Payout Method on file in your CryptoCribs Account.
6.6 You are solely responsible for the accuracy and completeness of your Payout Method information. CryptoCribs Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
Generally speaking, CryptoCribs Payments will collect the Total Fees from a Guest at the time the Guest’s booking request is accepted by the host, or at any other time mutually agreed between the Guest and CryptoCribs Payments.
7.2.1 In order to receive a Payout you must have a valid Payout Method linked to your CryptoCribs Account. Since CryptoCribs Payments will not engage in currency conversion, you must supply a public key for all accepted crypto currencies, in particular Bitcoin and Ether. CryptoCribs Payments will initiate Payouts in the Booking Currency to your Payout Method: (i) for Accommodations within 24 hours of the Guest’s scheduled check-in time (or within 24 hours of 3:00pm local time - or 3:00pm UTC if local time is unknown - if the check-in time is flexible or not specified); (ii) for all other Host Services at the time specified via the CryptoCribs Platform. In certain jurisdictions or instances, CryptoCribs Payments may offer you a different time or trigger for payment. The time it takes to receive Payouts once released by CryptoCribs Payments may depend upon the Payout Method you select. CryptoCribs Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
7.2.2 Your Payout for a booking will be the Listing Fee less applicable Host Fees, Taxes and Transaction Fees.
7.2.3 CryptoCribs Payments will remit your Payouts in the Booking Currency to your Bitcoin or Ethereum wallet, which you have provided on your CryptoCribs account.
7.2.4 For compliance or operational reasons, CryptoCribs Payments may limit the value of each individual Payout. If you are due an amount above that limit, CryptoCribs may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.
7.3.1 If a Host and a Co-Host agree on a Co-Host Services Fee, CryptoCribs Payments will automatically deduct the Co-Host Services Fees from the Host’s Listing Fee and pay that fee to the Co-Host at the same time CryptoCribs Payments initiates the Host’s Payout.
7.3.2 In the event that a refund is due to a Guest, CryptoCribs Payments will automatically deduct the amount of the refund, on a pro-rata basis, from the next Payout due to each of the Host and the Co-Host.
7.4 If you owe any amount to CryptoCribs (e.g., as a result of your bookings, Booking Modifications, cancellations or other actions as a Guest, Host or Co-Host), you authorize CryptoCribs Payments to collect these amounts from you by withholding the amounts from your future Payouts. Any funds collected by CryptoCribs Payments will setoff the amount owed by you to CryptoCribs and extinguish your obligation to CryptoCribs.
8.1 CryptoCribs Payments will collect the Total Fees in the manner agreed between you and CryptoCribs Payments via the CryptoCribs Platform. CryptoCribs Payments will generally ask you to transfer the Total Fees after the Host accepts your booking request. CryptoCribs Payments may offer alternative options for the timing and manner of payment. If CryptoCribs Payments is unable to collect the Total Fees as scheduled, CryptoCribs Payments will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed you will receive a confirmation email.
8.2 If a requested booking is cancelled either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by CryptoCribs Payments will be refunded to you. The timing to receive the refund will vary based on the Payout Method and any applicable payment system rules.
8.3 You authorize CryptoCribs Payments to perform the Payout Method verifications described in Sections 6 and 8.
8.5 If you Overstay at an Accommodation, CryptoCribs Payments is authorized to collect Overstay Fees payable under the CryptoCribs Terms.
8.6 CryptoCribs Payments is not responsible for any fees that a Guest’s third-party payment service provider may impose when CryptoCribs Payments charges the Guest’s Payout Method, and CryptoCribs Payments disclaims all liability in this regard.
9.1 Each Member collecting payment for services provided via the CryptoCribs Platform (such as Host Services or Co-Host Services, or transactions facilitated through the Resolution Center) (“Providing Member”) hereby appoints CryptoCribs Payments as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).
9.2 Each Providing Member agrees that payment made by a Purchasing Member through CryptoCribs Payments, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that CryptoCribs Payments may refund the Purchasing Member in accordance with the CryptoCribs Terms. Each Providing Member understands that CryptoCribs Payments’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. CryptoCribs Payments guarantees payments to Providing Members only for such amounts that have been successfully received by CryptoCribs Payments from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, CryptoCribs Payments assumes no liability for any acts or omissions of the Providing Member.
9.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that CryptoCribs Payments is not a party to the agreement between you and the Providing Member, CryptoCribs Payments acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to CryptoCribs Payments, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and CryptoCribs Payments is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute CryptoCribs Payments’ agreement with the Purchasing Member. In the event that CryptoCribs Payments does not remit any such amounts, the Providing Member will have recourse only against CryptoCribs Payments and not the Purchasing Member directly.
10.1 Service Fees and Other Fees
10.1.1 CryptoCribs Payments collects the Service Fees charged by CryptoCribs pursuant to the CryptoCribs Terms. Where applicable, CryptoCribs Payments may also collect Taxes (such as VAT in Europe) in respect of the Host Fees and Guest Fees. CryptoCribs Payments deducts the Host Fees from the Listing Fees before remitting the Payout to the Host as described in these Payments Terms. Guest Fees are included in the Total Fees collected by CryptoCribs Payments.
10.1.2 More information about when Services Fees apply and how they are calculated can be found on our Service Fees page. CryptoCribs Payments may charge additional fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the CryptoCribs Platform.
10.2 Cancellations and Refunds
10.2.1 If a Guest cancels a confirmed booking, CryptoCribs Payments will refund the amount of the Total Fees due (less Transaction Fees) to the Guest pursuant to the Listing’s cancellation policy and as otherwise in accordance with the CryptoCribs Terms (including the Guest Refund Policy or Extenuating Circumstances Policy). CryptoCribs Payments will also initiate a Payout of any portion of the Total Fees due to the Host under the applicable cancellation policy.
10.2.2 If a Host cancels a confirmed booking, CryptoCribs Payments will provide the Guest a full refund of the Total Fees (less Transaction Fees) within a commercially reasonable time of the cancellation. In some instances, CryptoCribs may allow the Guest to apply the refund to a new booking, in which case CryptoCribs Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction.
10.2.3 If, as a Host, you cancel a confirmed booking, you agree that CryptoCribs Payments may collect any cancellation fees imposed pursuant to the CryptoCribs Terms.
10.2.4 If a Host modifies or cancels an Experience, Event, or other Host Service, CryptoCribs Payments will provide Guests a refund in accordance with the CryptoCribs Terms.
10.2.5 All refunds may be subject to the CryptoCribs Terms, Extenuating Circumstances Policy, and Guest Refund Policy. If a Guest or CryptoCribs decides for any reason to cancel a confirmed booking pursuant to the CryptoCribs Terms, Guest Refund Policy, or Extenuating Circumstances Policy, you agree that CryptoCribs Payments will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.
10.2.6 If, as a Host, your Guest cancels a confirmed booking or CryptoCribs decides that it is necessary to cancel a confirmed booking, and CryptoCribs issues a refund to the Guest in accordance with the Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, CryptoCribs Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
10.3 Resolution Center
You agree that CryptoCribs Payments may collect from you any amount paid through the Resolution Center in connection with your CryptoCribs Account, e.g. by withholding the amount from your future Payouts. CryptoCribs Payments will process such payments otherwise in accordance with these Payments Terms.
10.4 Recurring Payments
10.4.1 For certain bookings (such as for Accommodation Bookings of twenty-eight (28) nights or more), CryptoCribs Payments may require a Guest to make recurring, incremental payments toward the Total Fees owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the CryptoCribs Platform if applicable to a booking.
10.4.3 If Recurring Payments apply to a confirmed booking, then the Guest authorizes CryptoCribs Payments to collect the Total Fees, and the Host agrees that CryptoCribs Payments will initiate Payouts, in the increments and at the frequency agreed to and identified via the CryptoCribs Platform.
10.4.4 Guests may stop payment of a Recurring Payment by notifying CryptoCribs Payments orally or in writing at least three (3) business days before the scheduled date of the payment. CryptoCribs Payments may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, CryptoCribs Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact CryptoCribs Payments pursuant to Section 26.
10.5 Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or asking you to debiting the same Payout Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount.
10.6 Booking Modifications
If, as a Guest, you owe additional amounts to CryptoCribs due to a Booking Modification, you agree that CryptoCribs Payments may collect such amounts. If, as a Host, you owe CryptoCribs any amounts due to a Booking Modification, you agree that CryptoCribs Payments may collect those amounts pursuant to Section 7 (“Financial Terms for Hosts”) and as otherwise permitted under these Payments Terms.
If CryptoCribs Payments is unable to collect any amounts you owe under these Payments Terms, CryptoCribs Payments may engage in collection efforts to recover such amounts from you. CryptoCribs Payments will deem any owed amounts overdue when: (a) for authorized booking, ninety (90) days have elapsed after CryptoCribs Payments first attempts to collect payment or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, one hundred and eighty (180) days have elapsed after the adjustment is made to the Host’s account or the associated services have been provided, whichever is later. Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to CryptoCribs and/or CryptoCribs Payments by you. Such communication may be made by CryptoCribs, CryptoCribs Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
11.1 In any jurisdiction where CryptoCribs facilitates Collection and Remittance pursuant to the CryptoCribs Terms, you hereby instruct and authorize CryptoCribs Payments to collect Occupancy Taxes from Guests on the Host’s behalf at the time the Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by CryptoCribs Payments will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold CryptoCribs Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Occupancy Taxes in any amount or at all as to your transactions or Accommodations.
11.2 You agree that any claim or cause of action relating to CryptoCribs Payments’ facilitation of Collection and Remittance shall not extend to any supplier or vendor that may be used by CryptoCribs in connection with facilitation of Collection and Remittance of Occupancy Taxes, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by CryptoCribs from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
12.1 If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) CryptoCribs determines that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation pursuant to the CryptoCribs Terms, you authorize CryptoCribs Payments to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit.
12.2 CryptoCribs Payments also reserves the right to otherwise collect payment from you and pursue any remedies available to CryptoCribs Payments in situations in which you are responsible for a Damage Claim.
12.3 Security Deposits, if required by a Host, may be applied to any Overstay Fees due from a Guest.
13.1 CryptoCribs Payments will not do currency conversions.
Where a Guest submits a booking request for a Listing using a Booking Currency that is different from the Listing Country Currency, CryptoCribs Payments will not do a currency conversion but process the transaction in the Booking Currency. The host is responsible for completing the profile so that a public wallet address of all accepted cryptocurrencies, i.e. Bitcoin and Ether, is available for checkout.
13.2 When you as a Guest submit a booking request for a Listing, and such request will be subject to a currency conversion, you will be able to view the exchange rate applied to do the currency conversion before you checkout.
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
15.1 The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of CryptoCribs, CryptoCribs Payments and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of CryptoCribs or CryptoCribs Payments used on or in connection with the Payment Services are trademarks or registered trademarks of CryptoCribs or CryptoCribs Payments 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 Payment Services are used for identification purposes only and may be the property of their respective owners.
15.2 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 Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CryptoCribs, CryptoCribs Payments, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the CryptoCribs Platform, or pursuant to Section 26 (“Contacting CryptoCribs Payments”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
17.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. The Payment Services are provided “as is”, without warranty of any kind, either express or implied.
17.2 Notwithstanding CryptoCribs Payments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the CryptoCribs Platform, CryptoCribs Payments explicitly disclaims all liability for any act or omission of any Member or other third party. CryptoCribs Payments does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are expressly excluded.
17.3 If we choose to conduct identity verification 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.
17.4 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.
18.1 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 Payment Services remains with you. If you permit or authorize another person to use your CryptoCribs Account in any way, you are responsible for the actions taken by that person. Neither CryptoCribs Payments nor any other party involved in creating, producing, or delivering the Payment Services 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 Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not CryptoCribs Payments 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. In no event will CryptoCribs Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for bookings via the CryptoCribs 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 or Co-Host, the amounts paid by CryptoCribs Payments to you in the twelve (12) month period prior to the event 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 CryptoCribs Payments 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 CryptoCribs Payments’ 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.
18.2 If you reside in the EU, Section 18.1 does not apply, and CryptoCribs Payments is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. CryptoCribs Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of CryptoCribs Payments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of CryptoCribs Payments is excluded.
You agree to release, defend (at CryptoCribs’s option), indemnify, and hold CryptoCribs Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) CryptoCribs Payments’ Collection and Remittance of Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party rights.
20.1 You may terminate this Agreement at any time via the “Cancel Account” feature on the CryptoCribs Platform or by sending us an email, or by following the termination procedures specified in the CryptoCribs Terms. Terminating this Agreement will also serve as notice to cancel your CryptoCribs Account pursuant to the CryptoCribs Terms. If you cancel your CryptoCribs Account as a Host, CryptoCribs Payments will provide a full refund (less Transaction Cost) to any Guests with confirmed booking(s). If you cancel your CryptoCribs Account as a Guest, CryptoCribs Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.
20.2 Without limiting our rights specified below, CryptoCribs Payments may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address (or two (2) months’ prior notice for Members contracting with CryptoCribs Payments UK).
20.3 CryptoCribs Payments may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) CryptoCribs Payments believes in good faith that such action is reasonably necessary to protect other Members, CryptoCribs, CryptoCribs Payments, or third parties (for example in the case of fraudulent behavior of a Member).
20.4 In addition, CryptoCribs Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (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 Payments Terms, the CryptoCribs Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payout Method, or (iv) CryptoCribs Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of CryptoCribs, its Members, CryptoCribs Payments, or third parties, or to prevent fraud or other illegal activity.
20.5 In case of non-material breaches and where appropriate, you will be given notice of any measure by CryptoCribs Payments and an opportunity to resolve the issue to CryptoCribs Payments' reasonable satisfaction.
20.6 If you are a Host and we take any of the measures described in this Section we may refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
20.7 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new CryptoCribs Account or attempt to access and use the Payment Services through other a CryptoCribs Account of another Member.
20.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.
21.1 If you are a resident in the US, you are contracting with CryptoCribs Payments US. If you are contracting with CryptoCribs Payments US, these Payments Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 23 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
21.2 Otherwise, you will be contracting with CryptoCribs Payments UK. If you are contracting with CryptoCribs Payments UK, these Payments Terms will be interpreted in accordance with English law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer you agree to submit to the non-exclusive jurisdiction of the English courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in England or a court with jurisdiction in your place of residence. If CryptoCribs Payments 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 English courts.
22.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) are contracting with CryptoCribs Payments US; or (ii) bring any claim against any CryptoCribs Payments entity in the United States (to the extent not in conflict with Section 22).
22.2 Overview of Dispute Resolution Process. CryptoCribs Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom Section 23.1 applies: (1) an informal negotiation directly with CryptoCribs’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 23). Specifically, the process provides:
22.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and CryptoCribs Payments each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact CryptoCribs’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
22.4 Agreement to Arbitrate. You and CryptoCribs Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Payment Services (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and CryptoCribs Payments agree that the arbitrator will decide that issue.
22.5 Exceptions to Arbitration Agreement. You and CryptoCribs Payments each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
22.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
22.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, CryptoCribs Payments agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and CryptoCribs Payments both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
22.8 Modification of AAA Rules - Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, CryptoCribs Payments agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
22.9 Arbitrator’s Decision. 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 with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
22.10 Jury Trial Waiver. You and CryptoCribs Payments acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
22.11 No Class Actions or Representative Proceedings. You and CryptoCribs Payments acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and CryptoCribs Payments both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
22.12 Severability. Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
22.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Payments Terms”), if CryptoCribs Payments changes this Section 23 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of CryptoCribs Payments’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and CryptoCribs Payments in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms).
22.14 Survival. Except as provided in Section 23.12 and subject to Section 20.8, this Section 23 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your CryptoCribs Account.
23.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between CryptoCribs Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between CryptoCribs Payments and you regarding the Payment Services.
23.2 No joint venture, partnership, employment, or agency relationship exists between you or CryptoCribs Payments as a result of this Agreement or your use of the Payment Services.
23.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
23.4 CryptoCribs Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
23.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without CryptoCribs Payments’ prior written consent. CryptoCribs Payments may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with CryptoCribs Payments UK). Your right to terminate this Agreement at any time remains unaffected.
23.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.
23.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by CryptoCribs Payments via email, CryptoCribs Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which CryptoCribs transmits the notice.
23.8 If you are contracting with CryptoCribs Payments UK you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that CryptoCribs Payments UK is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
You may contact CryptoCribs Payments regarding the Payment Services using the information below:
|Rieterstrasse 22, 8002 Zurich, Switzerland|
|+41 76 323 35 60|
These Payments Terms are available at www.cryptocribs.com. CryptoCribs Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.