TERMS AND CONDITIONS OF USE
OF THE HQVILLAGE PLATFORM OF WELL-FARE S.R.L.
Terms of service for users
Consumers can access the European Commission’s online dispute resolution platform from here: https://ec.europa.eu/consumers/odr. Please note that HQVillage is not committed or obliged to use an alternative dispute resolution body to resolve consumer disputes.
Last updated: 10 May 2021
Thank you for choosing to use HQVillage!
These Terms of Service for Users (“Terms”) constitute a legally binding agreement between you and HQVillage governing your use of HQVillage’s websites, applications, and other offerings (collectively, the “HQVillage Platform”). When used in these Terms, “HQVillage”, “we”, “us” or “our” refer to the HQVillage entity, i.e. WELL-FARE S.R.L. with registered office in Via Giordano Bruno 21, 56025 – Pontedera (PI) – Italy with which you are entering into a contract.
The HQVillage Platform provides an online venue for users (“Members”) to publish, offer, search and book services. Members who publish and offer services are the “Hosts” while members who search, book or use services are the “Guests”. The Hosts offer accommodation (“Accommodations”), while the “Village” through the Public Administration offers activities, excursions and events (“Experiences”), as well as a variety of trips and other services (collectively, “Village Services” and each offer of Host Services constitutes an “Advertisement”). You must register for an account to use many features of the HQVillage Platform and maintain accurate account information. As a provider of the HQVillage Platform, HQVillage does not own, control, offer or operate any Host Announcements or Host Services. HQVillage is not a party to contracts entered into directly between Hosts and Guests, nor is it a real estate agent, insurer or tour package organiser or seller within the meaning of Directive (EU) 2015/2302. HQVillage does not act as an agent for any Member, except as specified in the Terms of Payment Service (“Payment Terms”). To learn more about HQVillage’s role, please go to the relevant Section.
Other terms and policies supplement these Terms, such as our Privacy Policy, which describes how we collect and use personal information, and our Payment Terms, which govern any payment services provided to Members by HQVillage’s payment entities (“HQVillage Payments”).
If you are a Host, it is your responsibility to understand and comply with all laws, rules, regulations and third party agreements applicable to your Host Services.
Index
Terms for Guests
1. Our mission
2.Search and book on HQVillage
3.Cancellations, travel problems, refunds and booking changes
4.Your responsibilities
Host terms
1.Hosting on HQVillage
2.Managing your listing
3.Cancellations, travel problems and changes to HQVillage bookings
4. Taxes
Terms for Villages (PA)
1.Hosting on HQVillage
2.Showcase Management
Terms for Companies
1.Our mission
2.Search and book on HQVillage
3.Cancellations, travel problems, refunds and booking changes
4.Corporate responsibilities
5.Welfare and other ways of using services on the HQVillage Platform
General terms and conditions
16.Reviews
17. Contents
18. Costs
19. Rules of the HQVillage Platform
20. Termination, suspension and other measures
21. Changes to these Terms
22. Resolution of complaints and claims for damages
23. Role of HQVillage
24. Member Accounts
25. Exclusion of liability
26. Limitations of liability
27. Indemnification
28. Contracting Parties
29. Applicable law and jurisdiction
30. Miscellaneous
Additional terms specific to Business Hosts
31.Business Users
32. Termination, suspension and other measures
33. Complaint handling and mediation
34. Access to data
35. Additional distribution channels
Additional terms applicable to all Users
36.Additional Terms
37. Ways, limits of use of the HQVillage Platform and Intellectual Property Rights
38. Limitations of liability and indemnity
39. Internet connection
40. Final provisions
41. Express approval of contractual clauses
Terms for Guests
1.Our mission.
Search and book on HQVillage. From chalets to castles, from experiences to on-site services, search through the various Ads to find the ones that best suit your needs as a smartworker/digital nomad or company looking to set up your own widespread corporate headquarters. Find out more about an Ad by reading the description and photos, the profile of the Village and the Guest reviews. If you have any questions, just send a message to the Host, Borgo or other Members.
2. Search and booking on HQVillage.
2.1 Search. You can search for Host Services using criteria such as but not limited to the type of service you are looking for, travel destination, travel dates and number of guests. To refine your search results, you can also apply filters, which are based on relevance to your search and other parameters. Relevance is given by factors such as price, availability, reviews, customer support and cancellation history, popularity, previous trips and Saved Listings, host requirements (e.g. minimum or maximum number of nights) and more.
2.2 Booking. When you book accommodation from a Listing, you agree to pay all charges for your reservation, including the price listed in the Listing, applicable fees such as HQVillage service fees, offline fees, taxes and any other items identified during the payment process (collectively, the “Total Price”). You also agree that HQVillage may charge and collect any security deposit defined at the time of payment. When you receive a booking confirmation, a contract for Host Services (sometimes referred to as a booking in these Terms) is entered into directly between you and the Host. When you receive your booking confirmation, a contract for Host Services (sometimes called a reservation in these Terms) is made directly between you and the Host. Some hosts work with a co-host or as part of a team to provide their Host Services.
2.3 Accommodation Reservations. Booking an Accommodation constitutes a limited licence to access, occupy and use the Accommodation. The Host reserves the right to re-enter the Accommodation during your stay, to the extent: (i) reasonably necessary, (ii) permitted by your contract with the Host and (iii) in accordance with applicable law. If you overstay, the Host has the right to make you leave in accordance with applicable law, including imposing reasonable penalties for overstaying. You may not exceed the maximum number of Guests permitted.
2.4 Reservations for Experiences and other Host Services. Your booking of an Experience or other Host Service entitles you to participate in, exploit or use that Host Service. You are responsible for confirming that you and anyone you invite meet any minimum age, skill, physical fitness or other requirements. You are responsible for informing the Host of any medical or physical condition or other circumstances that may impact your ability to participate in, exploit or use the Host Service. Except as expressly authorised, you may not allow any person to participate in a Hosted Service unless that person is included as an additional guest during the booking process.
3. Cancellations, travel problems, refunds and changes to reservations.
3.1 Cancellations, travel problems and refunds. In general, if you cancel a reservation, the amount refunded is determined according to the cancellation terms that apply to that reservation. However, in certain situations, other terms prevail, which define the amount refunded. If something beyond your control requires you to cancel a reservation, you may be entitled to a partial or full refund under the Extenuating Circumstances Terms. If the Host cancels or you experience a Travel Issue (as defined in the Guest Refund Policy), you may be entitled to assistance in reserving another Accommodation or a partial or full refund under the Guest Refund Policy. Some listing categories are subject to different terms; for example, reservations for Experiences are governed by the Guest Refund Policy for Experiences. See all policies for details on what is covered and what refund applies in each situation. You may appeal a decision by HQVillage by contacting our customer service department.
3.2 Changes to Reservations. Hosts and Guests are responsible for any changes to reservations they agree to make through the HQVillage Platform or request HQVillage customer service to make on their behalf (“Changes to Reservations”) and agree to pay any additional amounts, fees or taxes associated with any Changes to Reservations.
Your Responsibilities.
You are responsible for your own actions and omissions and the actions and omissions of anyone you invite to participate in or to whom you provide access to any Accommodation, Experience. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived and (ii) you must act ethically, treat others with respect and follow applicable laws at all times. If you are booking for an additional guest who is a minor or bringing a minor to use a Host Service, you must have legal authority to act on his or her behalf and are solely responsible for the supervision of such minor.
Terms for Hosts
5. Hosting on HQVillage.
5.1 The Host. As a Host, HQVillage offers you the opportunity to share your Accommodation, Experience or other Host Services with our vibrant community of Hosts, earning money for doing so. Creating a listing is easy, and you control how you host: set the price, availability and rules for each listing.
5.2 Guest Agreement. When you accept a booking request or receive a booking confirmation via the HQVillage Platform, you are entering into a contract directly with the Guest and are responsible for providing the Host Service under the terms and at the price specified in your Listing. You also agree to pay applicable fees, such as HQVillage’s service fees (and applicable taxes) for each booking. HQVillage will retain any amounts due from your fee unless we agree to a different method. Any terms or conditions you include in any additional contract with Guests must: (i) be consistent with these Terms, our policies and the information provided in your Listing; and (ii) be clearly stated in your Listing description.
5.3 Host Independence. Your relationship with HQVillage is that of an independent individual or entity and not an employee, agent, joint venture or partner of HQVillage; however, HQVillage acts as a matching platform and payment collection agent as described in the Payment Terms. HQVillage does not direct or control your Host Service, and you acknowledge that you have full discretion as to whether and when to provide such Host Services and at what price and under what conditions to offer them.
6. Ad Management.
6.1 Advertisement creation and management. The HQVillage Platform provides tools that simplify the configuration and management of an Advertisement. Your Listing must include complete and accurate information about your Host Service, your price, other costs such as cleaning fees, resort fees, security deposits, offline costs and any rules or requirements applicable to your Guests or your Listing. You are responsible for your actions and omissions and for keeping the information (including calendar availability) and content (such as photos) of your Listing up to date and accurate at all times. We recommend that you take out appropriate insurance for your Host Services and advise you to carefully review its terms and conditions, such as coverages and exclusions. Only one listing per property is permitted, but you may have multiple listings for a single property that includes multiple accommodations. Any offer of an Experience is subject to our additional terms for Hosts of Experiences.
6.2 Your legal obligations. If you are a Host, you are responsible for understanding and fully complying with the laws, rules, regulations and third party contracts applicable to your Host Services, such as, for example, landlord and tenant issues, or landlord and condominium association rules, restrictions or prohibitions on subletting, short-term and/or long-term rentals. Some cities have zoning or other regulations that restrict short-term rental of residential properties. Some jurisdictions require hosts to register, obtain a permit or license before providing certain Host Services (such as short-term rentals, long-term stays, food preparation, sale of alcoholic beverages, tours or use of a vehicle). In some locations, the Host Services you wish to offer may be prohibited altogether. Some jurisdictions require registration of Guests staying in your Accommodation. Other jurisdictions have laws that constitute rental rights in favour of Guests and impose additional obligations on Hosts. For example, certain localities have laws on landlord-tenant relationships, rent control and eviction that apply to longer stays. Check what the rules are in your area for the Host Services you plan to offer. The information we provide about legal requirements is for informational purposes only, and you should satisfy yourself of your obligations. You are responsible for managing and using the personal information of Guests and others in accordance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have any questions about the application of local laws, you should always seek legal advice.
6.3 Positioning in search results. The positioning of the Advertisements in the search results on the HQVillage Platform depends on a number of factors, including the following main parameters:
Parameters of the Village (PA) and thus of the active services and experiences in the area,
guest search parameters (e.g. number of guests, length of trip, price range),
characteristics of the Ad (e.g. price, calendar availability, number and quality of images, reviews, type of Host’s Service, status of the Host, presence of the Ad on the platform, average popularity of Guests)
Host’s booking experience (e.g., Host’s customer support and cancellation history, ease of booking)
Host’s requirements (e.g., minimum or maximum number of nights, booking cut-off time)
Guest preferences (e.g., previous trips, saved listings, location from which the Guest is searching).
HQVillage may allow Hosts to promote their Listings in search results or elsewhere on the HQVillage Platform for an additional fee. More information about the factors that determine how your Ad appears in search results, our current promotional programs (if any) and how we identify promoted Content can be found through our customer service department.
6.4 Your responsibilities.
You are responsible for your own actions and omissions and the actions and omissions of anyone you allow to join you in providing your Host Services. You are responsible for setting your own pricing, rules and requirements for your Advertisement. You must outline all costs and charges in the description of your Listing and you may not charge additional costs or charges outside of the HQVillage Platform, except as expressly permitted by our offline charges policy. Do not encourage Guests to create third party accounts, submit reviews, provide their contact information or take other actions outside of the HQVillage Platform in violation of our policy on off-platform activities.
6.5 Hosting as a Team or Organisation. If you work with a co-host or act as a host as part of a team, company or other organisation, the entity and each individual participating in the provision of the Host Services are responsible as a Host under these Terms. By accepting terms or entering into contracts, you represent and warrant that you have the authority to enter into contracts for your team, company or other organisation and that any entity you use is in compliance with the laws of the place where it is based. If you perform other functions, you represent and warrant that you have the authority to do so. If you request HQVillage to transfer a portion of your compensation to a co-host or other Host, or to send payments to someone else, you must have authorization to do so; further, you are responsible for the amount of the payment and the accuracy of the compensation information you provide.
7. Cancellations, travel problems and changes to reservations.
7.1 Cancellations and travel problems. In general, if a Guest cancels a reservation, the amount paid to you is determined in accordance with the cancellation terms that apply to that reservation. As a Host, you should not cancel a Guest’s booking without a valid reason under the Extenuating Circumstances Terms or applicable law. A cancellation against a Guest without a valid reason may result in a cancellation fee or other consequences. If: (i) a Guest experiences a Travel Issue (as defined in the Guest Reimbursement Terms), (ii) an Extenuating Circumstance occurs, or (iii) a reservation is cancelled pursuant to Section 13 of these Terms, the fee paid to You will be reduced by the amount We refund or otherwise provide to the Guest and any other reasonable costs We incur as a result of the cancellation. If a Guest receives a refund after you have already received payment, or if the amount of the refund and other costs incurred by HQVillage exceeds your compensation, HQVillage may recover that amount from you, including by deducting the refund from your future compensation. You agree that HQVillage’s Guest Reimbursement Terms, Extenuating Circumstances Terms and these Terms will override any cancellation terms you have set in situations where they allow for the cancellation of a reservation and/or the issuance of refunds to Guests. If we reasonably expect to issue a refund to a Guest under any of these terms, we may delay issuing any compensation for that booking until a decision on the refund is made. If you are the Host of an Experience, please note that Experience Cancellation Terms, Experience Guest Refund Terms, and different costs and consequences of cancellation apply to your reservations. See all Policies for details on what is covered and what compensation is expected in each situation. You may appeal a decision by HQVillage by contacting our customer service department.
7.2 Changes to Reservations. Hosts and Guests are responsible for any Booking Changes they agree to make through the HQVillage Platform or request HQVillage customer service to make on their behalf and agree to pay any additional amounts, fees or taxes associated with a Booking Change.
8. Taxes.
8.1 Host Taxes. As a Host, you are responsible under applicable laws to determine and fulfill your obligations to report, collect, remit or include in your price any applicable VAT or other indirect taxes, resort, tourist, income or other taxes (“Taxes”).
8.2 Collection and Payment by HQVillage. In jurisdictions where HQVillage facilitates the collection and/or remittance of Taxes on behalf of Hosts, you authorize HQVillage to collect Taxes on your behalf and/or remit them to the relevant tax authority. Any Taxes collected and/or paid by HQVillage are recognizable by Members in their transaction records, as applicable. HQVillage may request additional amounts from Members (including by deducting them from future fees), in the event that the Taxes collected and/or paid are insufficient to fully discharge the tax obligations of such Members, and you agree that your sole remedy for the Taxes collected by HQVillage is a refund from the relevant tax authority. You acknowledge and agree that we reserve the right, upon notice to affected Members, to cease collecting and remitting Taxes in any jurisdiction, for any reason.
8.3 Tax Information. In certain jurisdictions, applicable tax laws may require us to collect and/or report Tax Information about you, to withhold Tax from fees paid to you, or both. If you do not provide us with documentation that we believe supports such a requirement to withhold Tax from your fees, we may withhold fees up to the amount required by law until appropriate documentation is provided. You agree that HQVillage may issue invoices or similar documentation on your behalf for VAT, GST, consumption or other tax purposes for your Host Services, to facilitate the accuracy of our Guests’ and/or their organisations’ tax returns.
Terms for Villages (PA)
9. Hosting on HQVillage
9.1 The Borgo. As a Borgo, HQVillage gives you the opportunity to share with members the features of your area, experiences and services available there, give you the chance to promote your Host Services with our vibrant community of Guests, gaining visibility and credits that can be spent on services. Creating a Borgo Showcase is easy and allows you to have an easy tool to screen the requirements and initiatives you can develop to make your Borgo more attractive to Guests.
9.2 Guest Agreement. When you declare features or services active in your area and Village, you are directly responsible for what you declare and it will be available to Guests who book a Host Service in your Village.
9.3 Borgo Independence. Your relationship with HQVillage is that of an independent natural or legal person who is the legal representative or delegate of the municipality where the Borgo is located in order to be able to register the Borgo on the HQVillage platform and enter all the data and requirements requested by the HQVillage Platform, as well as enter photos, videos and descriptions that will be publicly displayed on the HQVillage Platform. HQVillage does not direct or control the Service of the Host or Borgo, and you acknowledge that you have full discretion as to whether and when to provide such Services and under what conditions to offer them.
10. Managing the Showcase
10.1 Advertisement creation and management. The HQVillage Platform provides tools that make it easy to set up and manage a Village Showcase. Your Account and your Showcase must include complete and accurate information about your Service, any prices and other costs. You are responsible for your actions and omissions and for keeping the content (such as photos) of your Borgo Showcase up to date and accurate. Only one Village Showcase is allowed per Village in the Municipality. Any offer of an Experience is subject to our additional terms for Experience Hosts.
The Borgo authorises the HQVillage Platform to use the data, name and Municipal Coat of Arms and/or distinctive symbols of the Borgo.
10.2 Your legal obligations. If you are a Borgo (Municipality/PA), you are responsible for understanding and fully complying with the laws, rules, regulations and third party contracts applicable to your Borgo Services, such as, for example, issues regarding utilities, public spaces, landlord and tenant involvement, or landlord and condominium association rules, restrictions or prohibitions on subletting, short-term and/or long-term rentals. Some cities have zoning or other regulations that restrict short-term rental of residential properties. Some jurisdictions require hosts to register, obtain a permit or license before providing certain Host Services (such as short-term rentals, long-term stays, food preparation, sale of alcoholic beverages, tours or use of a vehicle). In some locations, the Host Services you wish to offer may be prohibited altogether. Some jurisdictions require registration of Guests staying in an Accommodation. Other jurisdictions have laws that constitute rental rights in favour of Guests and impose additional obligations on Hosts. For example, certain localities have laws on landlord-tenant relationships, rent control and eviction that apply to longer stays. Check what the rules are in your area for the Host Services you plan to offer in your Village. The information we provide about legal requirements is for information purposes only, and you should satisfy yourself of your obligations. You are responsible for managing and using the personal data of Guests and others in accordance with applicable privacy laws and these Terms, including our Privacy Standards. If you have any questions about the application of local laws, we recommend that you always seek legal advice.
10.3 Positioning in search results. The placement of the Borgo Showcase in search results on the HQVillage Platform depends on a number of factors, including the following main parameters:
Borgo parameters (PA) and therefore active services and experiences in the area, sustainability, heritage, connectivity and smart services,
guest search parameters (e.g. services, location, community, events, etc.),
features of the Borgo Showcase (e.g. photos, videos, Borgo description, territory, services, number of available rooms, local initiatives),
Host’s booking experience (e.g., Host’s customer support and cancellation history, ease of booking)
Host’s requirements (e.g. type of facility, sustainability, minimum or maximum number of nights, booking cut-off time)
Guest preferences (e.g., previous trips, saved listings, location from which the Guest is searching).
HQVillage may allow Villages to promote their Showcases in search results or elsewhere on the HQVillage Platform for an additional fee. More information on the factors that determine how your Village Showcase appears in search results, our current promotional programmes (if any) and how we identify promoted Content can be found through our customer service.
10.4 Your Responsibilities.
You are responsible for your own actions and omissions and the actions and omissions of anyone you allow to join you in providing your Borgo Services. You are responsible for setting any prices, rules and requirements for the Services/experiences on site. Do not encourage Guests to create third party accounts, submit reviews, provide their contact information or take other actions outside of the HQVillage Platform in violation of our policy on off-platform activities.
10.5 Hosting as a Team or Organisation. If you work with a co-host or act as a host as part of a team, company or other organisation, the entity and each individual participating in the provision of the Host Services are responsible as a Host under these Terms. By accepting terms or entering into contracts, you represent and warrant that you have the authority to enter into contracts for your team, company or other organisation and that any entity you use is in compliance with the laws of the place where it is based. If you perform other functions, you represent and warrant that you have the authority to do so. If you ask HQVillage to transfer a portion of your compensation to a co-host or other Host, or to send payments to someone else, you must have permission to do so; further, you are responsible for the amount of the payment and the accuracy of the compensation information you provide.
11. Terms for Companies
Our mission
Search and book on HQVillage. From chalets to castles, from experiences to on-site services, search through the various Ads to find the ones that best suit your needs as a company and for your smartworkers/digital natives. HQVillage wants to offer you the opportunity to create your own widespread corporate headquarters. Find out more about an Ad by reading the description and photos, the Village profile and the Guest reviews. If you have any questions, just send a message to the Host, Borgo or other Members.
12. Search and booking on HQVillage
12.1 Search. You can search for Borgo and Host Services using criteria such as but not limited to the type of service you are looking for, travel destination, travel dates and number of guests. To refine your search results, you can also apply filters, which are based on relevance to your search and other parameters. Relevance is given by factors such as price, availability, reviews, customer support and cancellation history, popularity, previous trips and Saved Listings, host requirements (e.g. minimum or maximum number of nights) and more.
12.2 Booking. When you book one or more accommodations in an Advertisement, you agree to pay all charges for your reservation, including the price stated in the Advertisement, applicable charges such as HQVillage’s service fees, offline charges, taxes and any other items identified during the payment process (collectively, the “Total Price”). You also agree that HQVillage may charge and collect any security deposit defined at the time of payment. When you receive a booking confirmation, a contract for Host Services (sometimes referred to as a booking in these Terms) is entered into directly between you and the Host. When you receive your booking confirmation, a contract for Host Services (sometimes called a reservation in these Terms) is made directly between you and the Host. Some Hosts work with a co-host or within a team to provide their Host Services.
12.3 Accommodation Reservations. Booking an Accommodation constitutes a limited licence to access, occupy and use the Accommodation. The Host reserves the right to re-enter the Accommodation during your stay, to the extent: (i) reasonably necessary, (ii) permitted by your contract with the Host and (iii) in accordance with applicable law. If you overstay, the Host has the right to make you leave in accordance with applicable law, including imposing reasonable penalties for overstaying. You may not exceed the maximum number of Guests permitted.
12.4 Reservations for Experiences and other Host Services. Your booking of an Experience or other Host Service entitles you to participate in, exploit or use that Host Service. You are responsible for confirming that you and anyone you invite meet any minimum age, skill, physical fitness or other requirements. You are responsible for informing the Host of any medical or physical condition or other circumstances that may impact your ability to participate in, exploit or use the Host Service. Except where expressly authorised, you may not allow any person to participate in a Host Service unless they are included as an additional guest during the booking process.
Cancellations, travel problems, refunds and changes to bookings
13.1 Cancellations, travel problems and refunds. In general, if you cancel a reservation, the amount refunded is determined according to the cancellation terms that apply to that reservation. However, in certain situations, other terms prevail, which define the amount refunded. If something beyond your control requires you to cancel a reservation, you may be entitled to a partial or full refund under the Extenuating Circumstances Terms. If the Host cancels or you experience a Travel Issue (as defined in the Guest Refund Policy), you may be entitled to assistance in reserving another Accommodation or a partial or full refund under the Guest Refund Policy. Some listing categories are subject to different terms; for example, reservations for Experiences are governed by the Guest Refund Policy for Experiences. See all policies for details on what is covered and what refund applies in each situation. You may appeal a decision by HQVillage by contacting our customer service department.
13.2 Changes to Reservations. Hosts and Guests are responsible for any changes to reservations that they agree to make through the HQVillage Platform or request HQVillage customer service to make on their behalf (“Changes to Reservations”) and agree to pay any additional amounts, fees or taxes associated with any Changes to Reservations.
14.Corporate Responsibilities
You are responsible for your own actions and omissions and for the actions and omissions of anyone you invite to participate or to whom you provide access to any Accommodation, Experience. For example, this means: (i) you must hold your smartworker responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived and (ii) you must act ethically, treat others with respect and follow applicable laws at all times. If you are booking for an additional guest who is a minor, or if you are bringing a minor to use a Host Service, you must have legal authority to act on his or her behalf and/or be authorised by the person responsible for the supervision of such minor. As the Company and owner of your smartworkers you are responsible for the working arrangements and everything that goes with them, releasing HQVillage from any liability.
15. Welfare and other ways of using the services on the HQVillage Platform
The services offered on the HQVillage Platform can be used by your smartworkers independently and you can use the HQVillage Platform to recognise Welfare, Benefit and/or Reward credits for your smartworkers, which can be spent on services that the smartworker can select for himself, his Team or Family directly from the HQVillage Platform.
In this case HQVillage offers the possibility to the Company to create autonomously accounts for its smartworkers where the credits that can be spent on HQVillage services will be loaded.
General terms
16. Reviews.
After each Host or Village Service, Guests and Hosts will have the opportunity to write their own reviews. Your review must be accurate and may not contain discriminatory, offensive, defamatory or any other language that violates the content standards and policies on reviews. Reviews are not verified by HQVillage and may therefore be incorrect or misleading.
17. Content.
Certain sections of the HQVillage Platform allow you to provide feedback, text, photos, audio, video, information and other content (collectively, the “Content”). By providing Content, in any form and by any means, you grant HQVillage a non-exclusive, worldwide, royalty-free, sublicensable and transferable license, for the duration of the protection of the rights so licensed, to access, use, store, copy, modify, create derivative works from, distribute, publish, broadcast, stream, disseminate and otherwise exploit such Content in order to provide and/or promote the HQVillage Platform in any way and on any medium and platform, known or unknown at the time of use and in particular on the Internet and social networks. If the Content includes personal information, said Content will only be used for such purposes, if its use complies with applicable data protection laws in accordance with our privacy policy. If HQVillage pays for the creation of Content or facilitates the creation of Content, you may own such Content, in which case the terms or additional disclosures will state so. You are solely responsible for all Content you provide and you warrant that you own it or have the authority to grant HQVillage the rights described in these Terms. You are responsible if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Your Content must comply with our Content Policy and our Anti-Discrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and unlawful content. You agree that HQVillage may make available automated services or tools to translate Content and that your Content may be translated using such services or tools. HQVillage does not guarantee the accuracy or quality of translations, and Members are responsible for verifying the accuracy of translations.
18. Costs.
HQVillage reserves the right to charge Hosts and Guests fees (and applicable Taxes) for the use of the HQVillage Platform. Except as otherwise provided in the HQVillage Platform, the Service Charges are non-refundable. HQVillage reserves the right to change the Service Fees at any time and will provide Members with advance notice of all changes before they become effective. Changes to the Charges will not affect bookings made prior to the relevant effective date. If you do not agree to a change in charges, you may terminate this Agreement at any time by contacting our customer service department.
18.1 Costs for booking accommodation
When booking accommodation, we use 2 different cost structures for the service: costs shared between host and guests and costs covered only by the host.
Shared costs
This is the most common solution. One part of the service costs is deducted from the host’s fee, the other part is charged to the guest.
Host service costs
Most hosts pay service charges of 3%. These costs are calculated from the subtotal of the booking (the average price for the stay and any additional guest costs, excluding HQVillage costs and taxes) and are automatically deducted from the host’s fee.
To check the service fees charged for a particular booking:
Go to Transaction History.
Select the code next to the reservation you want to check.
In the Compensation section you will find the HQVillage service charges.
Guest Service Fees
Most guests pay service charges of 3% of the booking subtotal (the average price per stay and any additional guest charges, excluding HQVillage fees and taxes). The costs vary according to a number of booking factors and are shown to guests, including during the payment stage, before they book.
18.2 Costs only covered by the host
The costs of the service are all deducted from the host’s fee; nothing is charged to the guests.
18.3 Costs for Experiences
Service costs of the host
We charge service fees of 10% to hosts offering Experiences. These are calculated based on the price of the Experience and automatically deducted from the host’s fee. These costs are waived in the case of certain Social Experiences.
Host service costs
We do not currently charge these costs for Experiences.
VAT on service costs
Depending on the laws in the relevant jurisdiction, VAT may be charged on service charges for the host and guest. Service charges will therefore include VAT where applicable.
19. Rules of the HQVillage Platform.
19.1 Rules. You must respect these rules and must not help or induce others to violate or circumvent them.
Act with integrity and treat others with respect.
Do not lie, misrepresent something or someone or pretend to be someone else.
Communicate and interact with others in a polite and respectful manner.
Follow our anti-discrimination policy and do not discriminate or harass others.
Do not web-scrap, hack, reverse engineer, compromise or damage the HQVillage Platform.
Do not use bots, crawlers, scrapers or other automated tools to access or collect data or other content from or otherwise interact with the HQVillage Platform.
Do not hack, avoid, remove, compromise or otherwise attempt to circumvent any security or technological measures used to protect the HQVillage Platform or Content.
Do not decipher, decompile, disassemble or reverse engineer any software or hardware used to provide the HQVillage Platform.
Do not take any action that may damage or adversely affect the performance or proper functioning of the HQVillage Platform.
Only use the HQVillage Platform if you have permission under these Terms or another agreement with us.
You may only use another user’s personal information as necessary to facilitate a transaction using the HQVillage Platform, as authorised by these Terms.
You may not use the HQVillage Platform, our messaging tools or the personal information of Members to send commercial messages without their express consent.
You may only use the Content made available through the HQVillage Platform if it is necessary for you to use it as a Guest, Company, Village or Host.
Do not use the Content unless you have permission from the relevant owner or the use is authorised by us in these Terms or another agreement with us.
Do not request, make or accept reservations or payments outside of the HQVillage Platform, to avoid paying fees, taxes or for any other reason.
Do not request or encourage Guests to open an account, leave a review or otherwise interact with a third-party website, application or service before, during or after a booking, unless you receive permission from HQVillage.
Do not take any action to manipulate our search algorithm.
Do not book Host Services unless you actually intend to use them.
Do not use, copy, display, mirror or framing the HQVillage Platform, any Content, HQVillage branding, page layout or design without our consent.
You comply with your legal obligations.
You understand and comply with the laws to which you are subject, including privacy, data protection and export laws.
If you provide us with someone else’s personal information, you must: (i) do so in accordance with applicable law, (ii) have permission to do so, and (iii) authorize us to process that information in accordance with our Privacy Policy.
Read and comply with our Terms, Policies and Standards.
Do not organise or facilitate unauthorised parties or events. You are responsible for any party or event during your booking.
Do not use the name, logo, trademark or trademarks of HQVillage or others without permission.
Do not use or register any domain name, social network account, trade name, trademark, logo or other distinctive sign that may be confused with the HQVillage brand.
Do not offer Host Services that violate any laws or contracts in force for you.
Do not offer or incite prostitution or participate in or facilitate human trafficking.
19.2 Reporting Violations. If you believe that a Member, Ad or Content poses an imminent risk to a person or property, you should contact your local authorities immediately before contacting HQVillage. In addition, if you believe that a Member, Ad or Content has violated our Standards, you should report your concerns to HQVillage. If you have reported a concern to local authorities, HQVillage may request a copy of that report. Except as required by law, we are not required to act in response to any report.
19.3 Copyright Notifications. If you believe that Content on the HQVillage Platform infringes copyright, please notify us in accordance with our copyright policy.
20. Termination, suspension and other measures.
20.1 Duration. The agreement between you and HQVillage set forth in these Terms shall remain in effect until terminated by you or HQVillage in accordance with these Terms.
20.2 Termination. You may terminate this Agreement at any time by sending us an email or by deleting your account. HQVillage may terminate this Agreement for any reason upon 30 days’ notice to you by email or through the other contact information you have provided for your account. HQVillage may also terminate this Agreement immediately and without notice and terminate your access to the HQVillage Platform if you (i) materially violate these Terms or our Policies, (ii) violate any applicable laws, or (iii) such action is necessary to protect the personal integrity or property of HQVillage, its Members or third parties (e.g., in the case of fraudulent behavior by a Member) or (iv) your account has been inactive for more than two years.
20.3 Member Violations. If you (i) violate these Terms, our Policies or our Standards, violate any applicable laws, regulations or third party rights, (iii) have repeatedly received Poor Reviews or HQVillage otherwise becomes aware of or receives complaints about your performance or conduct, (vi) have repeatedly cancelled confirmed reservations or failed to respond to reservation requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of HQVillage, its Members or third parties, HQVillage may:
suspend or restrict your access to or use of the HQVillage Platform and/or your account;
suspend or remove Advertisements, Reviews or other Content;
cancel pending or confirmed bookings
suspend or revoke any special status associated with your account.
In the case of non-substantial violations or where otherwise appropriate, HQVillage will notify you of any action it intends to take and give you an opportunity to resolve the problem, unless such notification (i) prevents or impedes the detection or prevention of fraud or other illegal activity, (ii) harms the legitimate interests of other Members or third parties, or (iii) violates applicable law.
20.4 Orders of authority. HQVillage may take any action it reasonably believes is necessary to comply with applicable law, or the order or request of a court, law enforcement agency, or other administrative agency or governmental body, including the actions described above.
20.5 Effect of Termination. If you are a Host and you close your HQVillage account, any confirmed bookings will automatically be cancelled and your Guests will receive a full refund. If you close your HQVillage account as a Host, any confirmed booking will automatically be cancelled and any refund will depend on the cancellation terms applicable to that Listing. Upon termination of this Agreement, you will not be entitled to reinstatement of your account or its Content. If your access to or use of the HQVillage Platform has been restricted, or if your HQVillage account has been suspended or this Agreement has been terminated at our initiative, you will not be able to register a new account or access and use the HQVillage Platform through another Member’s account.
20.6 Redress. If HQVillage takes any of the actions described in this Section, you may appeal such decision by contacting our customer service department.
21. Changes to these Terms.
HQVillage may modify these Terms at any time. When material changes are made to these Terms, we will post the modified Terms on the HQVillage Platform and update the “Last Updated” date at the top of the Terms. We will also notify you of the changes by email, at least thirty (30) days prior to the effective date of the changes. If you do not agree with the Terms as modified, you may immediately terminate this Agreement as provided in these Terms. We will provide you with full information regarding your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date on which the amended Terms become effective, your continued access to or use of the HQVillage Platform will constitute acceptance of the amended Terms.
22. Resolution of Complaints and Claims.
If a Member provides evidence that another Member has culpably damaged its tangible or personal property (“Claim for Damages”), the complaining Member may make a claim through customer service. If the complaining Member submits a Damage Claim to HQVillage, the other Member will be given the opportunity to respond. If the responding Member agrees to pay, or if HQVillage determines, in consideration of all applicable legal rules on burden of proof, that the responding Member is liable for the Damage Claim, HQVillage may collect from the responding Member all sums necessary to satisfy the Damage Claim and/or may deduct them from any security deposits. HQVillage may also take action against you with any remedy available under applicable law. You agree to cooperate in good faith, provide any information requested by HQVillage, enter into documents and take other reasonable actions, in connection with Damage Claims, Member claims, claims under insurance policies or other claims relating to your provision or use of the Host Services. You may appeal a decision of HQVillage by contacting our customer service. Any decision made by HQVillage in relation to a Claim does not affect your contractual or statutory rights. Your right to take legal action remains unaffected.
23. Role of HQVillage.
We offer a platform for Members to publish, offer, search and book Host and Village Services. When Members make or accept a reservation, they are entering into a contract directly with each other. HQVillage is not and does not become a party or other participant in any contractual relationship between the Members. HQVillage does not act as an agent for any Member, except where HQVillage acts as a collection agent as provided in the Payment Terms. While we make every effort to ensure that our Members are comfortable with HQVillage, we do not and cannot control the conduct or performance of Guests and Hosts and do not guarantee (i) the existence, quality, safety, suitability or legality of any Listing or Host Service or (ii) the truth or accuracy of any Listing Description, Review or other Content provided by Members. You acknowledge that HQVillage has no general obligation to police the use of the HQVillage Platform and to verify the information provided by our Members, but that it has the right to review, disable access to, remove or edit Content to: (i) operate, protect and improve the HQVillage Platform (including for the purposes of fraud prevention, risk assessment, investigation and customer service); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or request of a court, law enforcement or other administrative agency or governmental body; (iv) deal with Member Content that we deem harmful or objectionable; (v) take any action set out in these Terms; and (vi) maintain and enforce any quality or suitability criteria, including removing Advertisements that do not meet the quality and suitability criteria. If we remove or disable Content, we will notify the Member and provide reasons for such action, unless such notice (i) prevents or impedes the detection or prevention of fraud or other unlawful activity, (ii) harms the legitimate interests of other Members or third parties, or (ii) violates applicable law. You may appeal a decision of HQVillage by contacting our customer service. Members agree to cooperate with and assist HQVillage in good faith and to provide HQVillage with such information and take such action as may reasonably be requested by HQVillage, in connection with any investigation undertaken by HQVillage, regarding the use or misuse of the HQVillage Platform.
24. Member Accounts.
You must register an account to access and use many features of the HQVillage Platform. Registration is permitted only to legal entities, partnerships and natural persons of legal age. You represent and warrant that you are not a natural or legal person who is prohibited from using the HQVillage Platform under the laws of your place of residence or any other applicable jurisdiction. You must provide accurate, current and complete information during registration and keep your account information up to date. You may not register for more than one account or transfer your account to others. You are responsible for maintaining the confidentiality and security of your account login credentials and may not disclose them to any third party. You must notify HQVillage immediately if you suspect that your credentials have been lost, stolen, or that your account is otherwise compromised. You are responsible for all activities performed under your HQVillage Account unless such activities were performed without your authorization and you are otherwise negligent (e.g., failing to report unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, without being obligated to: (i) ask you to provide identifying or other information; (ii) conduct checks to verify your identity or background; (iii) match you with third party databases or other sources and request reports from service providers; and (iv) obtain reports from criminal or sex offender registries or their local equivalents.
25. Disclaimer.
We do not endorse or guarantee the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Village Service, Advertisement or third party and do not guarantee that verification, identity or background checks conducted on Members (where possible) will identify past misconduct or prevent future misconduct. Any reference to a Member being “verified” (or similar term) only indicates that the Member or HQVillage has completed a relevant verification or identification process and nothing else. We are not responsible for Internet and telecommunications infrastructure outages or disruptions that are beyond our control and may result in interruptions in the availability of the HQVillage Platform. HQVillage may limit, temporarily and taking into account the legitimate interests of Members (e.g., by notice), the availability of the HQVillage Platform or certain features thereof when necessary due to capacity constraints, the security or integrity of our servers, or to perform maintenance to ensure the proper or improved operation of the HQVillage Platform.
26. Liability.
HQVillage is liable under the provisions of the law for wilful misconduct and gross negligence of HQVillage itself, our legal representatives, directors or other delegated agents. The same applies to the assumption of warranties or other strict liability, or in the event of culpable injury to life, limb or health. For any negligent breach of essential contractual obligations by us, our legal representatives, directors or other vicarious agents, the liability of HQVillage is limited to the foreseeable damage that typically occurs. Essential contractual obligations are defined as the duties of HQVillage on the proper performance of which you normally rely and on which you must rely for the proper execution of the contract. Any further liability of HQVillage is excluded.
27. Indemnification.
To the fullest extent permitted by applicable law, you agree to release, defend (at HQVillage’s option), indemnify and hold harmless HQVillage (including other affiliates and their personnel) from and against any and all claims, liabilities, damages, losses and expenses, including, but not limited to, reasonable legal and accounting costs, arising out of or in any way related to: (i) your violation of these Terms (including any additional or supplemental terms that apply to a product or feature) or our Policies or Standards; (ii) your improper use of the HQVillage Platform; (iii) your interaction with any Member, your stay in an Accommodation, your participation in an Experience or your use of any other Host Services, causing, without limitation, any injury, loss or damage (whether compensatory, direct, indirect, consequential or otherwise) of any kind arising out of or as a result of such interaction, stay, participation or use; (iv) your failure, or our failure on your instructions, to accurately report, collect or remit Taxes; or (v) your violation of any law, regulation or third party right, such as intellectual property or privacy rights. The obligation to indemnify applies only if and to the extent that there is a sufficient causal link between the claims, liabilities, damages, losses and expenses and your culpable breach of a contractual obligation.
28. Contracting parties.
You are entering into a contract with HQVillage under the name WELL-FARE S.R.L., with registered office in Via Giordano Bruno 21 – 56025, Pontedera (PI) – Italy.
29. Applicable Law and Jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of Italy. If you are acting as a consumer and the mandatory consumer protection laws of your country of residence contain provisions that are more favourable to you, such provisions shall apply regardless of your choice of Italian law. As a consumer, you may institute legal proceedings relating to these Terms before the competent court of your place of residence or before the competent court of HQVillage’s registered office in Italy. If HQVillage intends to enforce its rights against you as a consumer, it may do so only before the courts of the jurisdiction in which you are resident. If, on the other hand, you act as a business, you agree to submit to the exclusive jurisdiction of the Italian courts.
30. Miscellaneous
30.1 Interpretation of these Terms. Unless supplemented by internal product terms, conditions, policies, guidelines, standards and disclosures, these Terms constitute the entire agreement between you and HQVillage regarding your access to or use of the HQVillage Platform and supersede any prior agreements or understandings, whether oral or written, between you and HQVillage. These Terms do not confer and shall not be construed to confer any rights or remedies on any third party other than you and HQVillage. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise provided in the applicable Section below, that provision will be deleted and will not affect the validity and enforceability of the remaining provisions.
30.2 No Waiver. The failure of HQVillage to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HQVillage in writing. Except as expressly set forth in these Terms, the exercise by either Party of any of its remedies under these Terms shall be without prejudice to its other remedies under these Terms or otherwise permitted by law.
30.3 Assignment. You may not assign, transfer or delegate this Agreement or your rights and obligations hereunder without HQVillage’s prior written consent. HQVillage reserves the right, in its sole discretion, without limitation, to assign, transfer or delegate this Agreement and any of your rights and obligations hereunder by giving you 30 days’ notice. Your right to terminate this Agreement at any time pursuant to the applicable Section shall remain unaffected.
30.4 Notice. Except as otherwise provided, all notices or other communications to Members permitted or required by this Agreement will be sent electronically by HQVillage by email, notification on the HQVillage Platform or messaging service (including SMS for example), or by any contact method we allow you to use.
30.4 Notice. Except as otherwise provided, all notices or other communications to Members permitted or contemplated by this Agreement will be sent electronically by HQVillage by email, notification on the HQVillage Platform or messaging service (including SMS for example), or by any contact method we allow you to use.
30.5 Third Party Services. The HQVillage Platform may contain links to third party websites, applications, services or resources (“Third Party Services”) that are subject to different privacy terms and practices. HQVillage is not responsible for any aspect of such Third Party Services and links to such Third Party Services do not constitute sponsorship.
30.6 Google Terms. Some translations on the HQVillage platform are provided by Google. Google makes no warranties relating to the translations, express or implied, including any warranties of accuracy, reliability and any implied warranties of merchantability, fitness for a particular purpose and non-infringement. Certain areas of the HQVillage Platform implement Google Maps/Earth mapping services, including Google Maps application programming interfaces (APIs). Use of Google Maps/Earth is subject to the additional Google Maps/Google Earth Terms of Service.
30.7 HQVillage Platform Content. Content made available through the HQVillage Platform may be protected by copyright, trademark and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights in such Content are the exclusive property of HQVillage and/or its licensors and agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights markers. You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display or perform, transmit, broadcast or otherwise exploit any Content obtained through the HQVillage Platform unless you are the rightful owner of such Content or as expressly permitted in these Terms. Subject to these Terms, HQVillage grants you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to: (i) download and use the Application on your personal device; and (ii) access and view any Content made available on or through the HQVillage Platform and accessible to you, solely for your personal, non-commercial use.
30.8 Force Majeure. HQVillage shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, accident, epidemic or disease, strikes or shortages of transportation, fuel, energy, labor or materials.
30.9 Email and SMS. You will receive administrative communications from us through the email address or other contact information you provide for your HQVillage account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, although you should expect to receive additional emails specific to the programs you have enrolled in. You may also receive promotional emails from us. There is no charge for these promotional emails, but third-party data charges may apply. You can control whether you receive promotional emails by using the notification preferences in your account settings. You will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an HQVillage Account.
30.10 Contact Us. If you have any questions about these Terms, please email us at info@hqvillage.com.
Additional terms applicable to Business Users
If you are a Business User, the following additional terms will apply:
31. Business Users.
You are a “Business User” for the purposes of these Terms if (i) your place of residence or establishment is within the EEA or the United Kingdom, (ii) you fully meet the definition of “business user” in Article 2(1) of Regulation (EU) 2019/1150 promoting fairness and transparency for business users of online intermediary services (“Platform to Business Regulation”), and (iii) you have notified HQVillage that you are a Business User by adding your business details to your HQVillage account. You are responsible for the accuracy and updating of your business details.
32. Termination, suspension and other measures.
In the event that we take any of the measures set out in the Sections above, you will be given the opportunity to clarify the facts and circumstances leading to such measure as part of our internal complaints handling process as described in the relevant Section.
33. Complaint handling and mediation.
We want to be transparent about how we handle complaints and we want to treat all Business Users fairly. Our Customer Service explains how you can access our internal complaints handling system and what you can expect as a Business User when you make a complaint in relation to matters falling within the scope of Article 11(1) of the Platform to Business Regulations. It also sets out details of the mediation service you can use if that complaint is not resolved.
34. Access to data.
Business Users have access to personal and other data in their HQVillage account and in the Host desk that is provided by the Business User, their Guests or generated through the use of the HQVillage platform and that is necessary to provide their Host Services, as well as aggregate information about searches, bookings and performance of their listings. Our Privacy Policy sets forth the categories of personal and other data we collect, how we use, process, disclose and retain it, and how you can access it and exercise your rights to the data.
35. Additional distribution channels.
HQVillage operates an affiliate program through which Ads may be published on third-party websites, such as those for online tourism sites, print media, loyalty programs and search aggregators. The Advertisements may also appear in advertisements for A HQVillage published from time to time on third party websites.
Additional terms applicable to all Users
36. Additional terms
The company WELL-FARE S.R.L. based in Via Giordano Bruno 21, 56025 – Pontedera (PI), P.IVA 02315890505 is a technology and digital services company.
WELL-FARE develops and manages the HQVillage Platform navigable on mobile devices, such as smartphones, tablets and also through personal PCs.
By activating an account or accessing the Platform, the user expressly agrees to these General Terms and Conditions; if the user does not agree to all or part of the General Terms and Conditions, they should not activate their account or register with the Platform.
The processing of the User’s personal data will take place in accordance with the Privacy Policy published separately, which the User expressly undertakes to consult: by registering, the User declares that he or she has read the information notice and has given his or her consent to the processing of personal data.
The User declares that he or she is of legal age, that is, that he or she is of the minimum age required by the country of his or her nationality to be able to use the services of the HQVillage Platform.
The User acknowledges and accepts that HQVillage must be used in compliance not only with these terms and conditions of use, but also with the principles of good faith and fairness, with the express prohibition of using HQVillage for illicit, fraudulent or unauthorised purposes or activities.
In order to access the services and use what is offered by HQVillage, the User may be required to provide personal data necessary for his/her identification, or in any case necessary to allow the use of HQVillage and its associated services. The User is therefore required to provide truthful data and to keep them updated.
37. Modes, Limits of Use of the HQVillage Platform and Intellectual Property Rights
WELL-FARE S.R.L. reserves the right to modify, suspend or discontinue the services provided through its HQVillage Platform, or any part thereof, at any time and with or without prior notice. You agree that WELL-FARE S.R.L. shall not be liable to you or to any third party for any such modification, suspension or interruption.
WELL-FARE S.R.L. cannot be held responsible for any loss or damage, including those resulting from the failure to access the services provided by HQVillage, deriving from the communication of untruthful or outdated data and information. Furthermore, WELL-FARE S.R.L. shall not be held liable for any loss or damage of any kind suffered by the User and deriving from the information made available and/or from the use of the services provided through the HQVillage platform or from the resulting relationships established by the User with any third parties for the use of the same.
HQVillage may provide links to websites or resources, as well as contact services between groups of Users. The User therefore acknowledges and accepts that WELL-FARE S.R.L. is not responsible for the availability of such external resources or sites, and that it does not endorse and is not responsible for the relative contents, advertising, products or other materials present or available on such sites or resources.
The User acknowledges and accepts that some HQVillage services, linked to its Platform, may involve the use of proprietary and confidential information, protected by applicable intellectual property laws and other rules or treaties, including international ones.
The User acknowledges that WELL-FARE S.R.L. retains the sole and exclusive ownership of all intellectual and industrial property rights of its HQVillage Platform, including but not limited to the models, processes, methodologies, algorithms, or other intellectual property that HQVillage has previously developed, or developed for the execution of this Agreement, including without limitation: (i) all data, Software, source code; (ii) collaboration panels owned by HQVillage, including without limitation, any code written by HQVillage that supports the management of collaboration criteria, associated with technical infrastructure, all software that enables the operation of the HQVillage Platform, and all derivative works based on an enhancement for any of the foregoing.
WELL-FARE S.R.L. grants the User a personal, non-transferable and non-exclusive right and licence to use the HQVillage Platform.
The User agrees not to reproduce, duplicate, copy, sell, trade, resell or use for commercial purposes, in whole or in part, the HQVillage Platform. The User agrees not to damage the owner of the HQVillage Platform, and in any case not to carry out, directly or indirectly, the following activities: copying, modifying, creating derivative works of the source code, reverse engineering, disassembling or otherwise attempting to discover such code, selling, transferring, sublicensing or otherwise transferring any rights relating to the Platform, circumventing the restrictions or technical limitations on the Platform, decompiling or disassembling the Platform. The licence to use the APP does not include, under any circumstances, the right or option for the User to obtain them in source format.
HQVillage may automatically report data to WELL-FARE S.R.L., including diagnostic data, and automatically download updates in order to adapt, improve and further develop the service, including the availability of bug fixes, patches, advanced features, plug-ins and new versions, as well as to comply with legal requirements.
Where platform updates are not automatic, the User is obliged to carry out such updates in a timely manner in a manual manner in order to ensure the proper functioning of the Platform and the Services.
The User also acknowledges and accepts that the content of any advertisements displayed via HQVillage is the property of the respective holders of the relevant copyright, trademark, service mark, patent or other right.
The User undertakes not to violate the rights of other Users and to conduct himself/herself with the utmost fairness. The User undertakes not to locate other Users through the services of the Platform without their express consent, except in cases of the exercise of parental authority, legal guardianship, administration of third parties, or except for features and services related to the Platform itself, aimed at connecting Users with each other. In any case, the User undertakes not to collect information or data from other Users without their express consent.
The User undertakes not to publish, upload or disseminate in any way files, information, materials, arguments, etc., that are illegal, as well as to avoid files that contain viruses, damaged files or any other software or programme that may damage the operation of the Platform.
The User agrees not to upload files that contain software or other material subject to intellectual property or privacy laws, unless the User owns the relevant rights, or has the consent of the owner of these rights to do so.
The User agrees not to advertise, offer to sell or purchase goods or services of any kind, for any purpose whatsoever and in any manner whatsoever.
The User declares that he/she is aware that any material (other than personal data and information communicated for the purposes of registration and use of the Platform, as per the provisions of these conditions of use) uploaded to HQVillage will be understood to be personal and therefore WELL-FARE S.R.L. will not be able to share it with third parties, except with the express consent of the User himself/herself, or except in cases of legitimate request by the Judicial Authority.
In view of the above, the User expressly agrees not to receive any compensation and/or indemnity under any title or form for the materials uploaded to HQVillage.
However, WELL-FARE S.R.L. has the power and the utmost discretion to publish, use or remove any material uploaded to HQVillage by the User.
In any event, by uploading material as set forth above, you represent that you own or otherwise control all of the rights to the material, and you agree to indemnify and hold harmless WELL-FARE S.R.L., its employees, officers, agents, advertisers, suppliers, or partners from any and all obligations to compensate third parties for any such violations.
Finally, the User will use the HQVillage Platform in the manner set out in the terms and conditions of use and in any case in compliance with the laws of the country in which he or she is using it, under his or her sole responsibility.
It is understood that, in the event that the User uses the platform for illegal, fraudulent or unauthorised purposes or activities, WELL-FARE S.R.L. reserves the right, unilaterally, to deactivate the Account itself and its services to the User, as well as access to the Platform, as well as any appropriate action, including legal action to protect its rights. WELL-FARE S.R.L. shall not, however, be held liable for any fraudulent use of any Users or inconsiderate use of HQVillage.
38. Limitations of Liability and Indemnity
By adhering to these terms of use, the User declares that he/she acknowledges and accepts the following provisions:
1) The use of the HQVillage Platform by the User is at the exclusive risk of the User. The Platform is provided on an “as is” and “as available” basis. WELL-FARE S.R.L., to the fullest extent permitted by law, disclaims all warranties and conditions of any kind, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose. No information or advice, whether oral or written, provided to the User by WELL-FARE S.R.L. shall constitute a warranty.
2) WELL-FARE S.R.L. does not guarantee (a) that HQVillage will meet the user’s specific requirements, (b) that the HQVillage Platform will be malfunction-free or error-free, (c) that the quality of any product, service, information or other material purchased or obtained by the user through HQVillage will meet the user’s expectations and (d) that any errors in the software will be corrected.
3) The user, under his or her own responsibility, declares that he or she is aware of the features and characteristics of the HQVillage platform, and that he or she understands any risks and/or benefits arising from the use of the platform and its community, recognising them to be suitable for his or her own needs, and agrees to accept no responsibility on the part of WELL-FARE S.R.L. in this regard. The user is aware that any actions or damages resulting from his/her interaction, through the HQVillage platform, with other members of the community, cannot in any case be attributed, in any way or for any reason, to WELL-FARE S.R.L.
4) The User, in any case and without prejudice to the above, expressly acknowledges and accepts that WELL-FARE S.R.L. is in no way responsible with reference to the provisions of the R.D. 18 June 1931, n. 773 – Testo unico delle leggi di pubblica sicurezza (TULPS). The User is aware and accepts that, in the event that one or more Users use the HQVillage community to organize meetings or gatherings, or any other action or event that requires prior communication and/or information to the Public Authorities, it will be their express obligation to carry out these formalities.
In the light of the above, the User accepts that any activity that may be subject to the regulations of the aforementioned Consolidated Law on Public Security (TULPS) is carried out personally by the User, who shall bear all possible responsibility, even when using the Platform’s Network/Community, since WELL-FARE S.R.L. is not responsible for any profile in this respect.
5) The User, in any case and without prejudice to the above, expressly acknowledges and accepts that WELL-FARE S.R.L. is relieved and exempt from any liability, for any reason and for any damage, direct or indirect and of any kind and species, including, by way of example but not limited to, personal injury, pecuniary and non-pecuniary damage, loss of earnings, business interruption or other commercial damage or loss, arising from or related to the use of the Services and/or the Platform, regardless of their cause and the origin of the liability.
WELL-FARE S.R.L. will not be liable in any case or manner whatsoever, for any loss of damage or data or other losses arising from or in any way related to the use of HQVillage, or the lack of availability and/or functionality, and consequently any failure to use the Platform, by the User.
6) Under no circumstances shall WELL-FARE S.R.L. be held liable for actions, omissions and behaviour of any kind and for any reason whatsoever, carried out by Members.
7) The User agrees to indemnify and hold harmless WELL-FARE S.R.L., its employees, officers, agents, advertisers, suppliers or partners from any indemnity obligation towards third parties arising from, or in any way related to, your use of the Platform, any breach of these terms and conditions of use, any other action related to your use of the HQVillage Platform, including any liability or legal costs arising from any claim, loss, damage (direct or indirect), lawsuit, judgment, court costs and legal advice, of any kind and nature.
39. Internet Connection
The functions of the Platform Software may require an Internet connection. You are responsible for all costs incurred in connection with your access to or use of the Internet.
WELL-FARE S.R.L. is not responsible for any problems or damages related to the Internet connection, including but not limited to failure, partial or incorrect connection to the Internet/Mobile Data Network of the device from which the HQVillage Platform is accessed.
40. Final provisions
The paragraph headings in this Agreement are used for convenience only and do not affect the meaning or interpretation of the content.
Each of these paragraphs or clauses or sub-clauses of this document, Terms and Conditions of Use, operates separately.
If any paragraph or clause or sub-clause is determined by a competent authority to be contrary to law or to be void or unenforceable, the remaining paragraph or clause or sub-clause shall remain in full force and effect.
41. Express approval of contractual provisions
In addition to acceptance of the Terms and Conditions of Use, the User expressly and specifically accepts all paragraphs and clauses of the contract.
The User declares that he/she is aware of the potential vexatious nature of some of these clauses, and in any case expressly accepts them, as they are commensurate with the nature and extent of the service offered by WELL-FARE S.R.L. through the HQVillage Platform.
The User is aware that he or she cannot proceed, by creating an online Account and then registering with the Platform, with the double paper signature required by law for the express approval of the individual vexatious clauses, as this template is drawn up in electronic format; for this reason, the User expressly authorises it through the form of the so-called “double-click”, thereby expressly accepting the terms of use and all the paragraphs and clauses contained therein.