DE VOLGENDE VOORWAARDEN ZIJN GESCHREVEN IN DE ENGELSE TAAL.
VIEWNARY BIEDT TOEGANG TOT HET PLATFORM EN BIJGEVOEGDE DIENSTEN (TOEGANG TOT INFORMATIE OP DE SITE, INTERACTIES OP DE SITE, COMMUNICATIE VIA E-MAIL EN ANDERE DIENSTEN) AAN GEBRUIKERS OOK IN DE NEDERLANDSE TAAL. VIEWNARY WIJST ELKE AANSPRAKELIJKHEID AF VOOR EEN ONJUISTE VERTALING EN / OF INTERPRETATIE VAN DE VOLGENDE VOORWAARDEN IN EEN ANDERE TAAL DAN HET ENGELS.
DOOR U TE REGISTREREN ALS GEBRUIKER OP VIEWNARY, GAAT U ERMEE AKKOORD ONDERWORPEN TE ZIJN AAN DE VOORWAARDEN DIE HIERONDER IN DE ENGELSE TAAL WORDEN GETOOND.
By accepting the following terms, you agree to be subject to the Host Referral Policy (“Host Referral policy”), Terms and Conditions (“Terms and Conditions”) and Privacy Policy (“Privacy Policy”) published by Viewnary, Inc. (“Viewnary”, “us”, “our”, “we”).
The Host Referral Policy is written in the English language. You acknowledge that your understanding of the English language is sufficient in order to understand the Host Referral Policy and accept the Host Referral Policy as a registered User.
Viewnary reserves the right to amend the Host Referral Policy anytime to improve its service and offerings.
Viewnary, Inc. is a corporation registered in the United States. The Corporation's business address is 600 N Broad Street, Suite 5 # 590, Middletown, DE 19709, United States.
Viewnary is an online Platform that connects and manages payments and payouts between Hosts who have properties equipped with unique views such as panoramas, scenic landscapes, skylines, and any other unique environment, with Guests seeking to make use of such listings for a specified amount of time, for experiences in the form of Viewings.
1. Key Definitions
Hereby we provide a list of recurring terms that, whenever used in the singular, plural, or capitalized form, have the following meaning.
“User”: a physical person who successfully registers on Viewnary.
“Host”: a User who creates a Listing on Viewnary and manages the Listing.
“Guest”: a User that submits a booking request for a property listed by a Host.
“Potential Host”: a physical person referred by the Referee that may satisfy the conditions necessary to register as a Host on Viewnary, subject to Viewnary’s discretion and policies.
“Platform”: Viewnary site, mobile application, and services.
“Referee”: a registered User who completes the Host referral form and accepts Viewnary’s Host Referral Policy.
“Referral Form”: a contact form submitted by the Referee.
“Referral Fee”: fee paid to the Referee, given that the Potential Host and the Referee satisfy the requirements set in sections 2. - 4. (including subsections).
“Referral Notification”: the act by which Viewnary contacts and confirms with the Referre that the Referee has acquired the right to the Referral Fee.
“Third parties”: companies or persons not related by common ownership or control or other unrelated individuals.
“Viewing”: the act by which the Guest accesses the Host’s Listing to enjoy and experience the services offered by the Host.
“Payout”: net amount, paid to the Host through Viewnary’s third-party collection agent (Stripe), after deducting the Viewnary fee.
"Viewnary fee": a fee charged to Hosts over the booking price for the use of Viewnary’s services.
“Collective Content”: means text, graphics, images, music, software, audio, video, information, or other materials.
“Platform Content”: all Content that Viewnary makes available through the Platform, or its related promotional campaigns and official social media channels, including any Content licensed from a third-party, but excluding User Content.
2. Eligibility for participation
2.1. To be eligible to submit a Referral Form and receive a Referral Fee, the Referee must satifsy the following requirements:
I) Be at least eighteen (18) years old of age;
and
II) Be a resident outside of the State of California;
and
III) Have a User account on Viewnary.
3. Referral process
3.1. After completing the Referral Form, Viewnary will reach out to the Referee in order to set up an introduction to the Potential Host.
3.1.1. The Referee shall exercise her/his best effort and act proactively in order to provide an introduction of the Potential Host to Viewnary. The Referee agrees to provide truthful information about the Potential Host.
3.2. The introduction of the Potential Host can occur via email exchange, phone exchange, direct referral through a personal meeting with one of Viewnary’s agents and/or employees, and/or any other method deemed appropriate and/or suggested by Viewnary.
3.2.1. Viewnary will be responsible and exercise its best effort to engage with the Potential Host by communicating actively with the Potential Host.
3.2.2. Viewnary’s communication will be aimed at ensuring an outcome by which the Potential Host registers as a Host on the Platform.
3.3. In the event that the Potential Host registers as a Host on the Platform, the terms stated in sections 3. - 4. (including subsections) apply.
3.4. Viewnary cannot be held liable in any way for the failure to ensure that the Potential Host registers as a Host on the Platform.
4. Conditions to be satisfied by the Referee to obtain a Referral Notification
4.1. In the event that the Potential Host registers as a Host on the Platform, the Referee has a right to receive the Referral Fee.
4.2. The Referee will receive a Referral Notification only when one of the two events occurs first:
I) The Host remains registered as a Host on the Platform for a period no shorter than 3 months;
or
II) The Host receives a successful Payout upon completion of a Viewing.
4.3. The Referee shall remain a registered User on Viewnary throughout the period that grants her/him the right to receive the Referral Fee, as stated under event I) or event II) in section 4.2.
4.3.1. In the event that the Referee does not maintain her/his status as registered User on Viewnary throughout the period that grants her/him the right to receive the Referral Fee, as stated under event I) or II) in section 4.2., the Referee loses her/his right to receive the Referral Fee.
5. Payment of the Referral Fee
5.1. Viewnary has fourteen (14) days from the moment that event I) or event II) stated in section 4.2. occurs to send the Referral Notification to the Referee via email (host@viewnary.com), at the email address linked to the Referee’s account on Viewnary.
5.2. The Referee has fourteen (14) days to confirm the receipt of the Referral Notification, by sending a countersigned copy of the Referral Notification to Viewnary (host@viewnary.com).
5.2.1. In the event that the Referee does not confirm receipt of the Referral Notification within fourteen (14) days from the moment it was sent by Viewnary, the Referee ceases her/his right to receive Referral Fee.
5.3. Viewnary has fourteen (14) days from the moment the Referral Notification is countersigned by Referee and sent to Viewnary (host@viewnary.com) to execute the payment of the Referral Fee to the Referee.
5.4. Viewnary will provide the Referee with an invoice template to be filled and signed by the Referee.
5.4.1. The Referee shall state on the invoice her/his personal details such as Name, Surname, residential address, and any other details required by Viewnary to successfully execute the payment of the Referral Fee.
5.4.2. The Referee shall provide adequate payout details such that Viewnary is able execute the payment of the Referral Fee through Automated Clearing House (ACH), Check Transfer, Domestic Wire and/or International Wire through Viewnary’s Checking Account or any Third Party necessary to execute the payment.
5.4.3. The Referee must be the legal account holder of the bank account submitted for the purpose of receiving the Referral Fee.
5.4.4. Any other payment method for the Referral Fee (such as, but not limited to a cash payment and/or cryptocurrency) shall not be allowed.
5.4.5. In the event that the Referee submits wrongful information, and/or incorrect information that does not allow Viewnary to execute the payment of the Referral Fee (such as, but not limited to, an inexistent and/or incorrect residential address, account number, routing number) within fourteen (14) days from the receipt of the Referral Notification, the Referee ceases her/his right to receive Referral Fee.
5.4.6. Viewnary will exercise its best effort to communicate with the Referee in order to obtain truthful and correct information to facilitate the payment of the Referral Fee in the event that the Referee submits erroneous information.
6. Value of the Referral Fee
6.1. The Referral Fee amounts to fifty (50) U.S. Dollars.
6.1.1. Viewnary may state the amount of the Referral Fee on the Platform in a currency other than U.S. Dollars.
6.1.2. Viewnary may state the value of the Referral Fee on the Platform and/or as part of the Platform Content and/or Collective Content in a currency other than U.S. Dollars, including, but not limited to: Euros, Japanese yen, Pound Sterling, Australian dollar, Canadian dollar, Swiss francs, Swedish krona, Polish zloty.
6.2. Viewnary will execute the payment of the Referral Fee in U.S. Dollars.
6.2.1. Viewnary is not liable for conversion rates and/or transaction fees set by Third Parties (such as, but not limited to the Referee’s bank account provider) that may impact the final amount of the Referral Fee received and visible to the Referee, shall the Referee’s bank account be denominated in a currency different than U.S. Dollars.
7. Language
7.1. The Referral Policy is written in the English language. You acknowledge that your knowledge of the English language is sufficient in order to understand the Referral Policy and accept the Referral Policy as a registered User.
7.2. Viewnary is not liable for any incorrect or improper translation of the Referral Policy into another language, which leads to a different meaning or interpretation of the provisions included in the Referral Policy. This Referral Policy, written in English, shall take precedence.
8. General
8.1. A waiver for any section of the Referral Policy is valid only if (an appointed representative of) Viewnary provides written and signed approval. If, for any reason, Viewnary does not enforce any section of the Referral Policy, it does not mean that it is a waiver of future enforcement of that section.
8.2. Exercising any remedies under the Referral Policy shall be done without compromising other remedies under the Referral Policy or otherwise unless alternatively stated under the Referral Policy. If an arbitrator or court of law deems any (part of a) section to be unenforceable or void, that section will still be enforced to the fullest extent lawfully possible, and all other sections will remain in effect.