Terms of Service
I. DEFINITIONS AND TERMS
- User/s- means an account registrant in the Imbrent Platform. Users are also herein referred as an individual who avail the Listed items or services in the Platform.
- Holder/s- means an account registrant in the Imbrent Platform. Holders are also herein referred as an individual who provide Listed items or services in the Platform
- Host Service- means a Imbrent Platform Services. It is also mean the technical services or technical and customer representatives of the Imbrent Platform.
- Listing or Listed item or services- means items or services listed in the Platform which can be accessed, viewed and availed by the Users. Such items or services are posted by the Holder.
- Visitor-means an individual who access the platform but does not proceed to register an account.
- Imbrent- means a platform that host services primarily for both Holder and Users.
- Platform- means a technical service (website) of Imbrent
- Booking- means an act of availing services and items listed under the platform
- Total Price- means the total fees, charges, security deposits, taxes and other amounts that are included in the receipt in the checkout section.
- Accomodation- means services provided for house accommodation
- Service- means service of accommodation for the house provided and listed by the Holder
I. Mission and Vision
Imbrent envision to provide an opportunity and convenience for Holder to list their items in our platform and for the User to access and avail the items that are listed in our platform. Listed items are chairs, clothes, electrical items, house, bicycles and items that are put up by the Holder in the Listed item. To have an ease transaction a review sections and messaging features are provided in our platform. Users and Holder can communicate smoothly thru our Platform thru our messaging interface and reliability can be seen in our review section for each item listed.
II. General
This Terms of Service (“Terms”) is binding and legal between the “Users”, “Holder”, “Visitor”, “Member” and “Imbrent”. This Terms shall further govern the websites, application, and other offerings of the Imbrent Platform. The term “Imbrent” shall be use in the following terms: “we”, “us”, or, “ours”.
Our Platform serves to provide an online venue that enable the Holder to publish, offer and list services that can be book by User. The Users and Visitors are those who search from the item, services, events, and other things in the Listing that are provided by the Holder.
The Listing are accurately described in accordance to its use, function, quality, condition, amounts and quantity. Such varieties provide the User many options from which it can be personalize according to the User perceptions.
Imbrent does not own, control, or manage any listings of Holder Services. Imbrent is neither a party to the contracts settled between the Holder and the User, nor Imbrent is a real estate broker or insurer. Neither Imbrent will act as an agent in any circumstances for any User and Holder, except as specified in the Payments Terms of Service.
This Terms and Policies shall form part of other policies provided herein the Platform, such as but not limited to the following: Privacy Policy, Payments Terms of Service and other agreements.
The Holders and Users are responsible for complying to the laws, rules and regulation and contracts with the third parties.
III. Users Terms
3.1 Searching
Our host services provide criteria like type of the Holder, item, duration of holding the item, place, and origin. Output search results are based on the relevance of the item and its factors which are selected by the Users thru the search engine board in the platform. The price, availability, reviews are considered as a relevant material to the search engine in the platform.
3.2 Booking
Upon the confirmation of the listed item in the booking section, the Users agreed and confirmed to pay all the charges incurred in the booking summary section. The booking summary section describes the listing price, taxes, Imbrent service fee, other applicable fees and other items identified during the checkout. The checkout items are collectively considered as the “Total Price”. Security deposit may be charge and collect upon confirmation by the User. The booking confirmation shall form part of the contract by and between the Holder and the User. The contract between the Holder and User shall be in conformity of the terms and condition, cancellation policy and other rules and standard in herein platform.
3.3 Duration of the listed accommodation
The Holder have the right to make a demand to return the item upon the expiration date provided and agreed upon in the checkout form. The item that is subject for return shall be the same condition as indicated by the Holder in the listed item description. If the duration of the listed item lapse without returning the item, the Holder has the option to charge the User further expenses under or outside the platform terms and condition. If the Holder pursue the User outside the platform, it shall constitute separation between the Host and the Holder for any further liability constituted between the Holder and User.
3.4 Item listed and other Holder services
The Holder have the discretion to list items in accordance to the terms under herein platform. Other form of services provided by the Holder under herein platform shall be constitute as Listed item. The Holder further confirms that all listed items and services are in compliance to the laws, rules and regulation. The description of each item provided by the Holder shall warrants its truth and authenticity and without intent to defraud the User. In case of the deception by the Holder, the platform may charge the Holder a penalty as a form damages for non- compliance to the terms of the Platform. The Platform shall also have the discretion to remove listed items that are contrary to law, morals and public policy.
3.5 Cancellation, Refunds, Issue and Booking Modification.
Cancellation of reserved items will amount to refunds but it shall be in accordance to the Cancellation Policy. In some exceptional circumstances, refunds are not applicable to some items, this shall be clarified and indicated by the Holder in such event. The Holder may cancel or modify the reserved item in the event of Force Majeure provided that Holder will give due notice to the Host and Users. The Force Majeure and its refund shall be further be indicated in the Cancellation Policy and Force Majeure Clause.
Refunds varies from full and partial refund as this will depend on the circumstances and reasons provided by Users. This will be subject to the discretion of the Host whom will determine the severity of the issues of the listed item or its compliance under the terms provided in the platform. Refund policy includes an option to the User to cancel, rebook or change the item listed by the Holder. For further details, the Host or the Holder shall give assistance to the User under the Refund Policy.
The Users and Holders are responsible for any booking modification they agreed upon in the Platform or modification of booking thru the Customer Service. The modification may incur additional payment, fees, and taxes.
3.6 Users responsibility and assumption of risk
The Users shall be responsible for the damages incurred thru his/her acts or omissions and other liabilities arising from the third party. The Users assume any risk that are disclosed by the Holder in the description of the item listed.
Users acknowledge that Listed items and services carry inherent risks and that use/access thereof assume the entire liability that may arise from such activities. This means that the User is responsible to investigate for any possible risk that may arise from the Listed items and/or services. The Host Service Platform is not liable to any risk that arise from the Holder acts or omission and/or any defects unless the Host Service Platform acknowledge it.
IV. Holder Terms
4.1 Holder
Imbrent offers the opportunity to the Holder to list their items and services to our vibrant platform. It also opens an opportunity to the Holder to earn from our Host services without any hassle.
4.2 Contracting with Users
Upon the acceptance of the booking request or receipt of the booking confirmation, the Holder is hereby agreed to form contract directly with the User. As part of the contract, the Holder is responsible for delivering the Listed item or services to the User.
The Holder understand and accept the applicable fees such as taxes, service fee from the Imbrent and other charges that is constituted in the Checkout item as a Total Price.
4.3 Independence of the Holder
The Holder is an independent contractor or entity and it shall neither constitute an employee- employer relationship to Imbrent nor agent, joint ventures, and partner. The relationship between Imbrent and Holder shall only be limited in collecting payments.
4.4 Managing Listing
The Holder have the access to the tools provided by the Imbrent for the purpose of managing the listed items and services. The Listed items are required to have a complete description, information, price and availability, rules or requirements and other charges that may arise from such items. The Holder is required to update it its listed item from time to time in order to assure accessibility to the Users. The holder may only provide one Listing per accommodation/use unless such single listing can be use as multiple accommodation/use. In order to avoid conflicts within the platform community, it is also advisable for both Holder and Users to review the terms and condition and other policy provided herein.
4.5 Holder Legal obligations
The Holder is responsible for complying to the laws, rules and regulation, and contracts with the third parties in relation to the Listed item or services in the platform. As some jurisdiction requires further legal documents from the Holder such as proof of ownership or compliance to the consumer policy. Accommodation and use of the house that is listed in the platform shall have special clause under House Accommodations Policy. Any legal concerns regarding the validity, authenticity, rights and remedies of the local laws in the listed items are separate and independent legal process from the platform.
4.6 Search Ranking
The Ranking in the search engine of Imbrent varies from the factors of the parameters.
- Users search data input
- Characters of listed item
- History of the transaction (cancellation and confirmation)
- Popularity (reviews from the Users and availability of the item)
- Users preference (save Listing, bookmark item, previous location that has been searched)
Search results depends from the subscription that the Holders avail from the platform. This will vary from the mobile version and web version and some listed item priorities the item that are under the subscription of the Imbrent promotional program. For more information about promotion of the listed items and accommodations just contact our customer service.
4.7 Holder responsibilities
The Holder is responsible for his/her acts and omissions and are also responsible to the third-party liability that permit them to participate in providing Listed items or services. It is the sole responsibility of the Holder to set the price and establish rules and requirements of the Listed items or services. The description, fees and characters are provided by the Holder in the Listing description. Any collection of fees and charges or transactions outside the Imbrent are prohibited. Any transactions outside the platform shall be sanctioned by the Imbrent. Any consequences from transacting outside the platform shall be bear by the Holder and User.
4.8 Holder as a Team or Organization
The Holder shall be considered as individual regardless of being a Team or Organization, provided that such Team or Organization shall submit an authorized representative to deal with Imbrent. The authorized representative shall be understood to be in compliance to the manner of how they formed as Team or Organization in its local laws. The authorized representative warrants that his/her acts are in accordance to the direction of the Team or Organization. Any payout made to the authorized representative means a payout to the Team or Organization. The Team or Organization is mandated to provide proof authorization to their authorized representative when dealing in any transaction here in Imbrent.
4.9 Holder assumption of risk.
The Holder assumes any risk that may arise in Listed items or services and agreed to assume the entire risk including the interaction between the other Holder, Visitor, and Users regardless whether it is in person or in online. The Holder have the opportunity to exercise the rights to investigate the Imbrent’s rules and regulations, terms and condition and other policies that may apply to the Listed item or services.
4.10 Cancellation, Refunds, Issue and Booking Modification.
Cancellation of reserved items will amount to refunds but it shall be in accordance to the Cancellation Policy. The Holder may cancel or modify the reserved item in the event of Force Majeure provided that Holder will give due notice to the Host and Users. The Force Majeure and its refund shall be further be indicated in the Cancellation Policy and Force Majeure Clause. Cancellation fees and other sanctions may be imposed to the Holder if such cancellation have no valid reasons and it is not under Cancellation Policy.
Cancellation Policy, Refund Policy and Force Majeure clause shall determine the amount of payout to the Holder. Such may be deducted from the payout or may cause delay. In case the Users receives the refund after the Holder have already been paid, or such amount exceeds the Goodnetinfo payout, such amount shall be returned or be subjected to offsetting in the next payout to the Holder.
Refunds varies from full and partial refund as this will depend on the circumstances and reasons provided by Users. This will be subject to the discretion of the Host whom will determine the severity of the issues of the listed item or its compliance under the terms provided in the platform. Refund policy includes an option to the User to cancel, rebook or change the item listed by the Holder. For further details, the Host or the Holder shall give assistance to the User under the Refund Policy.
4.11 Booking modification
The Users and Holders are responsible for any booking modification they agreed upon in the Platform or modification of booking thru the Customer Service. The modification may incur additional payment, fees, and taxes.
4.12 Taxes
The Holder is responsible for determining and fulfilling the obligations under the laws such as the price, income tax, value added tax, and other taxes implemented under the jurisdiction of the Holder.
4.13 Collection and Remittance by Imbrent
Imbrent may facilitate the collection and remittance of taxes in a certain jurisdiction where it is permitted. In such event, the Holder is required to instruct and authorize the Imbrent to deduct certain amount as a payment for taxes. This shall be recorded and indicated in the receipts or documents as a proof of remittance to the Taxing authority. This may constitute an additional service fee from the platform as provided in the total subscription in the platform. Any deficiency from the remittance of taxes shall be settled in accordance of refund. The Holder further acknowledge and agree that the platform retains the right to cease, with prior notice, to the collection and remittance of taxes in any jurisdiction.
V. General Terms and Service
5.1 Reviews Section
The Host Service, Users, and Holder have the opportunity to give review to each other. Each review must be accurate and must not contain any discriminatory, defamatory, offensive, obscene, harassing, illegal, deceptive, violent and other derogatory remarks.
5.2 Content
The feedback, text, photos, audio, video and other information provided to the Imbrent shall form part of the Content of the platform. Posting any type of content to the platform grants the Imbrent to use, copy, modify, distribute and publish it as non-exclusive and royalty- free material. Contents regarding personal information is indicated in the Privacy Policy section.
5.3 Fees
Imbrent may imposed charges to the Holder and Users for the use of the Goodinfonert Platform. Fees are calculated in accordance to the service fee that agreed upon by the parties. Unless otherwise provided, service fees are not subject for refunds. With due notice to the concerned parties, the Imbrent reserves its right to change the service fees at any time.
5.4 Imbrent Platforms Rules
Holder, Users and Visitors are required to follow the rules and regulation indicated herein:
- Everyone must act with honesty and in good faith when transacting inside the Platform.
- Everyone must act with respect when communicating or interacting with others inside the Platform.
- The Platform discourages any act that circumvent or violate the rules and regulation of the Platform.
- The Platform discourages any form of scrape, hack, and reverse engineer that will damage or compromise the Imbrent Platform.
- The Imbrent can only be used in accordance to the Terms and Condition as indicated here.
- It is not allowed to send commercial messages thru platform messaging tools, without the recipient’s express consent.
- It is prohibited to request, accept or make a booking or any payment outside the Imbrent Platform.
- It is prohibited to use the name, logo, branding, or trademarks of Imbrent without prior permission.
- It is prohibited to offer or solicit prostitution or to participate or facilitate human trafficking.
5.5 Term
This agreement shall be effective from the moment the Users, Holder and Visitors access the Platform until the Users, Holder, and Visitors terminates the agreement in accordance with the terms. The Goodinofnet reserves it right to terminate the agreement in accordance with the terms.
5.6 Termination
Termination may be made by sending a notice thru email to the Platform or by deleting the account. The Platform also have the right to terminate the agreement upon giving 30 days’ notice via email or other contacts given by the concerned member. Any breach of terms may with or without notice cause an immediate termination of the account of the member. Inactive account for more than two years may also be terminated without prior notice.
If the Holder account is terminated, any confirmed booking(s) is automatically cancelled and the Users will receive a full refund. If the Users account is terminated, any confirmed booking(s) is automatically cancelled and any refund will depend upon the terms of reservation’s cancellation policy. If the account is suspended, limited or terminated by the Platform, registration of new account is prohibited, it is also prohibited to use or access the Platform thru an account of third person (other members of the Platform).
5.7 Violations
Breach of any of the Terms, Policies, Agreements and other applicable laws and regulations shall constitute the following penalties.
- Shall suspend or limit the access to the use of the Platform or account
- Shall suspend or limit the Listed item, reviews and its content
- Shall cancel pending or confirmed bookings
- Shall suspend or revoke any status associated to the account
The following penalties may be imposed by the Platform, with or without prior notice. For minor violations or when the Platform exercise its discretionary measure to resolve the issue, a due notice will be given to the party.
5.8 Legal Mandates
Imbrent determines necessary action to comply to the applicable laws and order. The Platform further abide to the government body, court of law and other administrative agency in furtherance of the Host service in relation to the 5.7 Violation.
5.9 Member Accounts
To access the full feature of the Imbrent, it is necessary to register an account in the platform. Registration is limited only to legal entities, partnership, and natural person who are 18 years old or older. The registrant or account owner warrants that he/she is not barred by the term under the platform or by any laws that govern such entity. It is prohibited to register more than one account for the same individual or to transfer the account to another person or entity. The registrant or account owner is responsible in maintaining the confidentiality and security of the account against the third-party. In case of suspicious activity regarding lost, stolen or compromised account, the registrant or account owner must report it immediately to the platform. Unless otherwise required by law, the Platform is under no obligation to (a)ask to provide identification or other personal information (b) verify identity or background checks (c) screen against third-party database (d) obtain public records or court records and other personal records.
5.10 Complaints and Damage Claims
It is mandatory for every complaint and claims for damages to be supported by evidence. If the complainant raises the concern to the Imbrent, the respondent shall be given a reasonable time of three (5) days to refute the claims of the claimant. Failure respond to the complaint shall constitute the party in default and decision shall render in accordance to the evidence presented by the parties. Unless the defaulted parties will elevate the claims to the arbitration and mediation as constituted herein. If the respondent agrees to pay the said claims, such amount shall be deducted in security deposit. If the Imbrent determines the damages on its sole discretion, the amount shall be paid in accordance to Imbrent payouts or deposits. The Imbrent may seek to recover the amount from any insurance policies that the member maintains and other applicable laws that are available. The member agrees to execute any necessary document in connection to the complaints and claims for damages.
5.11 Disclaimer of Warranties
The Imbrent Platform and all its content as is, without any warranties and disclaim any forms that may arise whether express or implied except those provided by the applicable laws.
- The Platform does not endorse nor warrant the existence, conduct, performance, safety, quality, legali
- ty or suitability of any Holder, User, Host Service, Listing or third party.
- The Platform does not warrant the performance or non-performance in the platform.
- The Platform does not warrant the verification, identity or Listed items/services or Members conducts. It only means that the Member or Listed item/service is completed for relevant verification process and nothing else.
5.12 Limited liability
The Imbrent is not be liable for any incident that may result to exemplary or moral damages, lost profits, compromised data, service interruption, computer damage or system failure or reduction of products or services, or personal injury or emotional anguish that may be in connection to the platforms terms and conditions. The limitations of liability and damages are fundamental to the agreement between the member and Goodinonet. The limitations are regulated by the applicable laws and regulation.
5.13 Indemnification
To the extent provided by the applicable laws, the members agree to defend, indemnify, and hold Imbrent Platform personnel irreproachable from any claims, liabilities, damages, losses, and expenditures, legal and accounting fees, arising out with: (i) breach of Terms and Policies of the Platform (ii) improper or illegal use of the Imbrent Platform, (iii) interaction, accommodation, and participation to any members that may related to injuries, losses or damages of any kind, (iv) failure to accurately report, collect or remit Taxes, or (v) breach of laws, rules and regulations, intellectual property, privacy rights, consumer rights, non- discriminatory laws and other fundamental violation of the rights of the individual.
5.14 United States Governing Law and Venue
Subjects or residents of the United States are within the Terms that are taken in harmony with the laws of the State of California and the United States of America. Judicial proceedings that are excluded from the arbitration agreement under herein Platform must be brought in state or federal court in San Francisco, California, unless otherwise other location is agreed upon by the parties. Both parties agree and consent to venue and jurisdiction in San Francisco, California.
5.15 Agreement to Arbitrate
Arbitration must be mutually agreed upon by the parties as a mode to settle any dispute, claim or controversy that relates to the Terms or the breach, validity, enforcement or interpretation thereof, of the Imbrent Platform. Dispute will be settled and binding to parties in arbitration agreement.
5.16 Arbitration
Arbitration Agreement only applies if such individual or entity is a resident or have establishment in the United States. If non- resident of the United States nevertheless brings any legal claim against Goodnfonet in the United States, this Arbitration Agreement will determine whether the following under herein section will apply. Determinations of applicability varies to the following matter to consider like residency, arbitrability, venue, and applicable law.
Imbrent adheres to have an expeditious dispute resolution process. To pursue such certainty, the Terms provides two-part process: (1) relaxed negotiation supervised by Imbrent’s customer service team and (2) formal arbitration by the American Arbitration Association (“AAA”). Member and Imbrent retains the right to seek relief in court as ancillary remedy to arbitration.
The 30 days’ notice shall be given to the party, such notice shall be in writing constituting to avail an exert an effort and in good faith to negotiate. Such notice of dispute must be made thru mail of Imbrent authorized agent. A notice of dispute must contain: (a) name (b)contact information (c) brief description of the dispute, (d) relief sought. If the dispute is not resolve within the 30-day period, either party may initiate in filing a written Demand for Arbitration (www.adr.org) with the AAA.
The AAA Rules are provided at www.adr.org. In order to have an expedient arbitration, hearing may be conducted: (a) in the U.S. county where such individual resides; (b) in San Francisco County; (c) via video conference; or (d) solely by submission of documents to the arbitrator. Arbitration fees and compensation shall be governed by the AAA Rules and, when applicable, by the AAA Consumer Rules.
5.17 Exceptions to Arbitration Agreement.
The following are the exceptions to the Arbitration Agreement and shall brought in a court of competent jurisdiction: (i) any claim of actual or threatened infringement, or violation of copyrights, trademarks, patents, and other violation of intellectual property rights; (ii) cause of action seeking injunctive relief based on commission of a crime, hacking, and cyber-attack; or (iii) a request for injunctive relief.
5.18 Jury Trial Waiver.
The parties and Imbrent acknowledge and agree to waive the right to a trial by jury as to all arbitrable Disputes.
VI. World Dispute Resolution
6.1 China Domestic Transactions.
Residents or establishments within China, are governed by the laws of the People’s Republic of China. Dispute arising from Terms or use of Imbrent Platform shall be submitted and conducted in accordance with to the China International Economic and Trade Arbitration Commission (“CIETAC”) The arbitration tribunal shall be made up of three (3) arbitrators and the venue of the arbitration shall be Beijing. The language to be used in the arbitration shall be English.
6.2 Overseas Transaction
Legal proceedings that are in connection with the Terms may only be brought in a court located in San Francisco California or a court where the parties resides. The parties agreed that the court of San Francisco California to be an exclusive jurisdiction to hear and decide the case in relation to overseas conflicts, unless otherwise other venue is been agreed upon. The rights as a consumer shall not be impede and the rights shall be recognized in accordance to the country of the resident.
VII. Miscellaneous
7.1 Other Terms Incorporated by Reference
Other existing policies and terms that are related or connected to in this Terms shall be a supplementary to any part and application to the use of the Imbrent Platform. Existing polices other than these terms are also considered as reference to any agreement with Imbrent.
7.2 Interpreting these Terms
Additional clause, policies, and regulation shall constitute as supplementary reference to the entire agreement, access to or use of the Platform.
7.3 No Waiver.
Imbrent’s omission or oversight to impose any right or provision in these Terms shall not constitute as a waiver unless otherwise it is done in writing.
7.4 Notice.
Unless otherwise provided, notices and other communications are permitted under this agreement. Such notices may be in the form of electronically and provided by Imbrent via email, Platform notification, messaging service, or any other contact method provided by the Platform.
7.5 Third-Party Services.
The Imbrent Platform may contain links to third-party websites, applications, services or resources that are subject to different terms and privacy practices. Imbrent shall not be liable to any acts that is related to the Third-Party Services. Links to such Third-Party Services are not in any form of endorsement and such third- party services are not in any manner related to or under control of Imbrent.
7.6 Google Terms.
Some translations on the Imbrent Platform are provided by Google. Also, some areas of the Imbrent Platform implement Google Maps/Earth mapping services that include Google Maps API(s) hence such use thereof is subject to Google Maps/Google Earth Additional Terms of Service.
7.7 Apple Terms.
Access or use of our application from the Apple App Store constitute an agreement to Apple’s Licensed Application End User License Agreement.
7.8 Platform Content.
Contents made available through the Platform are protected by copyright, trademark, and other applicable laws. All intellectual property rights are exclusive property of Imbrent and its licensors. Its Content is not subject for removal, alteration, adaptation, modification, distribution, or any acts that will violates intellectual and copyrights laws. Unless otherwise expressly permitted in these Terms and Subject to compliance with these Terms, Imbrent grants the members and visitors a limited, non-exclusive, non-sublicensable, revocable, and non-transferable licence to (i) download, access and use the Platform; and (ii) access and view the Content made available on Platform for personal and non-commercial use.
7.9 Force Majeure.
Imbrent shall not be liable for any delay or failure to perform due to causes outside the reasonable control, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, labour strikes and transportation strikes, and other incidents that are not within the ambit of control of Imbrent.
7.10 Contact Us.
Please Email us for any questions about the Terms of Service.
VIII. Separation Clause
If any portion of this Policy declared void and contrary to law, the remaining portions or provisions hereof shall not be affected thereby shall continue to be in force and effect.