Handover

1. INTRODUCTION

1.1

Welcome to Handover, a digital platform designed to help short-term rental hosts create interactive, comprehensive property guides for their guests. These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Handover Ltd. ("Handover," "we," "us," or "our"), governing your access to and use of the Handover platform, website (www.handover.co.nz), and services (collectively, the "Service"). By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Service..

2. DEFINITIONS

2.1

In these Terms, the following definitions apply: "Account" means a registered account with Handover. "Content" means any information, text, graphics, photos, videos, or other materials uploaded, downloaded, or appearing on the Service. "Guest" means an individual who accesses a Property Guide created by a Host. "Host" means a user who creates and manages Property Guides through the Service. "Property Guide" means the digital welcome guide created by a Host using the Service. "User" means any individual who accesses or uses the Service, including Hosts and Guests.

3. ACCEPTANCE OF TERMS

3.1		By accessing or using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.
3.2		If you are accessing or using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" shall refer to such entity.
3.3		We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Service. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. We will make reasonable efforts to notify you of any material changes.

4. ACCOUNT REGISTRATION AND SECURITY

4.1		To access certain features of the Service, you must register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.2		You are responsible for safeguarding your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
4.3		We reserve the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

5. SERVICE DESCRIPTION

5.1		Handover provides a platform that allows Hosts to create interactive, comprehensive Property Guides for their short-term rental properties. These guides can include property information, local recommendations, house rules, and other content to enhance the guest experience.
5.2		The Service is currently offered in beta version and is provided free of charge. We may introduce paid subscription plans in the future, with advance notice to users.
5.3		We reserve the right to change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice and without liability.

6. USER RESPONSIBILITIES

6.1		Permitted Use. You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service only for its intended purpose of creating and managing digital Property Guides for short-term rental properties.
6.2		Prohibited Use. You agree not to use the Service: a) In any way that violates any applicable federal, state, local, or international law or regulation; b) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; c) To impersonate or attempt to impersonate Handover, a Handover employee, another user, or any other person or entity; d) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Handover or users of the Service or expose them to liability; e) To upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; f) To harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; g) To interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies, or procedures of such networks; h) To attempt to gain unauthorized access to the Service, other computer systems or networks connected to or used together with the Service, through password mining or any other means; or i) To harass, abuse, harm, or discriminate against another person.

7. USER CONTENT

7.1		Content Ownership. You retain all ownership rights in the Content you upload to the Service. By uploading Content to the Service, you grant Handover a worldwide, nonexclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such Content in connection with providing the Service.
7.2		Content Responsibility. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. You represent and warrant that: a) You own or control all rights in and to the Content and have the right to grant the license granted above; b) The Content does not and will not violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; and c) The Content does not contain material that is defamatory, obscene, offensive, harassing, or otherwise objectionable.
7.3		Content Monitoring. We do not control the Content posted by users and do not guarantee the accuracy, integrity, or quality of such Content. We reserve the right, but not the obligation, to monitor, edit, or remove any Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

8. PAYMENT TERMS

8.1		Free Beta. The Service is currently offered free of charge during the beta period. We may introduce paid subscription plans in the future, with advance notice to users.
8.2		Future Paid Plans. If and when paid subscription plans are introduced: a) Subscription fees will be charged in advance on a monthly or annual basis, as selected by you during the subscription process; b) All fees are non-refundable except as expressly provided in these Terms; c) You authorize us to charge your designated payment method for all fees incurred by you; and d) If your payment method fails or your account is past due, we may suspend or terminate your access to the Service.
8.3		Changes to Fees. We reserve the right to change our fees or billing methods at any time. We will provide notice of any price change at least 30 days before the change takes effect.

9. INTELLECTUAL PROPERTY RIGHTS

9.1		Handover IP. The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Handover, its licensor's, or other providers of such material and are protected by New Zealand and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
9.2		License to Use. Subject to your compliance with these Terms, Handover grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or business purposes.
9.3		Restrictions. You may not: a) Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as permitted by these Terms; b) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service; c) Access or use for any commercial purposes any part of the Service or any services or materials available through the Service, except as permitted by these Terms; or d) Attempt to decompile, reverse engineer, or otherwise attempt to discover or derive the source code of the Service.

10. THIRD-PARTY LINKS AND CONTENT

10.1		The Service may contain links to third-party websites or services that are not owned or controlled by Handover. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
10.2		You acknowledge and agree that Handover shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

11. DISCLAIMERS

11.1		Service Provided "As Is." THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HANDOVER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11.2		No Guarantees. HANDOVER DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
11.3		Content Disclaimer. HANDOVER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED

12. LIMITATION OF LIABILITY

12.1		TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HANDOVER, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
12.2		TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HANDOVER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
12.3		IN NO EVENT SHALL HANDOVER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO HANDOVER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED NEW ZEALAND DOLLARS (NZD $100).
12.4		THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HANDOVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

13. INDEMNIFICATION

13.1

You agree to defend, indemnify, and hold harmless Handover, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

14. TERMINATION

14.1		Termination by You. You may terminate your Account at any time by following the instructions on the Service or by contacting us at the email address provided below. Upon termination, your right to use the Service will immediately cease.
14.2		Termination by Us. We may terminate or suspend your Account and your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
14.3		Effect of Termination. Upon termination, your right to use the Service will immediately cease. If your Account is terminated for any reason: a) You will continue to be bound by the provisions of these Terms that, by their nature, should survive termination; b) Any fees paid by you are non-refundable; c) We may, but are not obligated to, delete any of your Content; and d) After 30 days from cancellation, your account and stored data will be permanently deleted.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1		These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
15.2		Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Auckland, New Zealand, using the English language in accordance with the Arbitration Rules and Procedures of the Arbitration Institute of New Zealand then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
15.3		The prevailing party in any arbitration or other proceeding arising under these Terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees, and all other expenses) incurred in connection therewith.
15.4		Notwithstanding the foregoing, Handover may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by Handover through injunctive relief and other equitable remedies without proof of monetary damages.

16. GENERAL PROVISIONS

16.1		Entire Agreement. These Terms constitute the entire agreement between you and Handover regarding the Service and supersede all prior and contemporaneous written or oral agreements between you and Handover.
16.2		Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Handover's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
16.3		Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
16.4		Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Handover without restriction.
16.5		Notices. Any notices or other communications provided by Handover under these Terms will be given by posting to the Service or via email to the email address specified in your Account.
16.6		Force Majeure. Handover shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Handover's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
16.7		Relationship of Parties. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Handover.

17. CONTACT INFORMATION

17.1

If you have any questions about these Terms, please contact us at: Handover Ltd. Email: support@handover.co.nz Website: www.handover.co.nz By using the Service, you acknowledge that you have read these Terms, understand them, and agree to be bound by them.

Terms & Conditions