Updated: July 3, 2023

Terms of Use

These Terms of Use (“Terms”) are a legally binding agreement between you and Dwell365PV that govern your use of the Dwell365PV platform (also referred to as The Platform). By accessing and using our website, applications, and other offerings, you agree to abide by these Terms. The Platform is an online application that allows users to engage in real estate-related services, publish listings (real estate and vacation rentals), and offer recreational experiences as a host, search listings, book accommodations, and offer various services related to real estate and hospitality management. Users who offer services are called “Hosts,” while those who search, book, or use services are referred to as “Guests.”

Hosts and Host Services

Hosts can provide accommodations, experiences, and various hospitality services (“Host Services”), collectively known as “Listings.” Please note that Dwell365PV is not the owner, controller, or manager of Listings or Host Services. We are not a real estate broker, travel agency, or insurer, and we do not act as an agent for any User, except as specified in the Payment Terms. It is important to familiarize yourself with and comply with all applicable laws, rules, regulations, and contracts according to Mexico, specifically if you are Host offering services through The Platform. Additional terms and policies, such as our Privacy Policy, supplement these Terms of Use and govern specific aspects of our services and vice versa.

Our Mission

At Dwell365PV, we strive to provide an exceptional all-in-one service encompassing real estate, vacation rentals, experiences, and hospitality. We believe in the power of bringing the community together and fostering meaningful connections. As a Mexican-based company, we support the local economy and encourage economic spending within Mexico. By leveraging our hyper-local listings and hospitality services, we offer a unique advantage that ensures our users have access to the best and most authentic experiences in Puerto Vallarta and its surrounding communities. With Dwell365PV, you can trust that you are not only receiving top-notch services but also contributing to the growth and development of the local Mexican community.

1. Guest Terms

1.1 Searching

With our user-friendly interface, you can easily search for Host Services based on your preferences, including the type of service, destination, travel dates, and number of guests. Our advanced filters allow you to refine your search results, ensuring you find the perfect match for your needs. We prioritize relevance, taking into account factors such as price, availability, customer reviews, cancellation history, popularity, and more, to present you with the most suitable options.

1.2 Booking

When you make a booking on The Platform, you agree to pay all charges associated with your reservation, including the listing price, applicable fees, taxes, and any other items specified during checkout. Our secure payment system, facilitated by PayPal or Stripe, ensures a smooth transaction process. Upon confirmation, a contract for host services is formed directly between you and the host. It is important to review and understand the terms of your reservation, including the cancellation policy and any other requirements specified by the host. The Platform does not determine the cancellation policy of the Host, affiliate partners, or service providers.

1.3 Accommodation Reservations

When you reserve an accommodation, you are granted a limited license to occupy and use the space. While you enjoy your stay, the host retains the right to re-enter the accommodation if necessary and permitted by your contract and applicable law. It is important to comply with the host’s rules, including check-out times, and not exceed the maximum number of allowed guests. Host reserves the right to evict and/or resume occupancy of the accommodation should any of the Terms be violated under this agreement.

1.4 Reservations for Experiences and Other Host Services

Participating in an experience or using other host services requires a reservation. It is your responsibility to ensure you meet any minimum age, proficiency, or fitness requirements specified by the host. You should also inform the host of any medical conditions or circumstances that may affect your participation. Unless authorized, you cannot include additional guests without including them during the booking process.

1.6 Cancellations and Refunds With Regard to Claims and Grievances

As a Guest, you should not cancel on a Host. In certain situations, you may be subject to a cancellation fee and other consequences outlined in the Host’s Listing. If the Host makes a claim or files a grievance with The Platform, the Host may be eligible to keep the full or partial amount of the reservation based on the following terms below. Further, as the Guest, you may be required to pay other reasonable costs incurred by Dwell365PV for services rendered. For this reason, we encourage you to resolve any claims or grievances directly with the Host prior to approaching Dwell365PV with the alleged issue. We encourage you to also reference Section 2.7 outlined under “Host Terms.” Outside a mutual resolution between the Guest and the Host, the following terms apply:

• If the guest cancellation is made less than 72 hours before the date of the reservation, the host will refund 25% of the total rate (including administration fees, taxes, etc.).
• If the guest shows up 24 hours after the date of the reservation or not at all, there is no refund.
• If the host fails to notify the guest within 72 hours of any issues with their booking or service, the host will refund the guest 100% of the total fees.
• If the host fails to disclose the presence of themselves, another person, a pet, or surveillance devices during the guest’s stay or date and time of services as stated in the Listing, the host will refund the guest 100% of the total fees.
• If the accommodations or the location of service at check-in are uninhabitable due to a lack of reasonable cleanliness and sanitation, the presence of safety or health hazards outside of those inherently associated with habitation or service, or presence of pests in habitation, the host will refund the guest 100% of the total fees.
• If material inaccuracies are found in the Listing, such as incorrect home type (e.g., entire home, private room, or shared room), incorrect type or number of rooms (e.g., bedrooms, bathrooms, and kitchens), incorrect location of the accommodation, misleading and/or incorrect description of habitation or service, or absence or non-functionality of a special amenity and services or feature described in the Listing (e.g., pool, hot tub, bathroom facilities – toilet, shower, or bathtub, kitchen facilities – sink, stove, refrigerator, or other major appliances, electrical, heating, services, or air conditioning systems), the host will refund the guest 100% of the total fees.

Table of Refunds and Payouts for Grievances and Claims

1.7 Grievances and Claims:

The Platform will neither attempt to resolve claims against any Host until the Guest has notified the Host of any grievance as the contract of services or accommodation is between the Guest and the Host. In this regard, guests are encouraged to notify the Host and attempt direct resolution before filing a claim through The Platform. If a claim is filed, the burden of proof for such claims made against the Host, for any reason outlined in the previous section, falls upon the Guest. Claims must be made within 5 days from the date of the booking via email to The Platform with the following information:

• Guest Name and photocopy of front and back of a valid identification (passport, Driver’s license, or government ID)
• Booking number/ID
• Description of claim
• Images/videos, documentation (including communication between Guest and Host)
• Phone Number
• Email

Upon review, both Guest and Host will be provided with the final determination of whether the Guest will be awarded a full or partial refund or whether the Host has been determined to hold no liability or be required to refund the Guest the full or partial cost of their reservation minus any applicable fees due to Dwell365PV. Host and Guest agree to the final outcome without further claims, arbitration, or legal considerations. All payments arising out of the claim are to be processed within 72 hours of the cancellation.

1.8 Booking Modifications:

Any modifications to your booking should be agreed upon by both Guests and Host through The Platform or with the assistance of our customer service. Any additional charges, fees, or taxes associated with the modification are the responsibility of the parties involved.

1.9 Your Responsibilities and Assumption of Risk:

As a user of The Platform, you are responsible for your own actions and those of any guests you invite or provide access to accommodations, experiences, or other host services. This includes leaving accommodations in the same condition as when you arrived and addressing any damage caused during your stay. It is essential to act with integrity, respect others, and comply with applicable laws.

Additionally, you acknowledge that certain accommodations and activities carry inherent risks, and by participating in Host’s services or staying at Host’s accommodations, you assume full responsibility for any associated risks including, but not limited to illness, injury (mental, emotional, physical, spiritual), disability, or death. It is your responsibility to evaluate the suitability and safety of the Host’s Services you choose to engage in and the accommodation you decide to stay in. The Platform is held harmless and without liability in all cases detailed in this Terms of Use.

Please refrain from organizing or facilitating unauthorized parties or events during your Reservation. As a responsible Guest, you are accountable for any parties or events that occur during your Reservation and must adhere to our rules and any rules of the Host when it comes to parties and events, as outlined and incorporated by reference herein.

2. Host Terms:

2.1 Become a Host:

The Platform offers you the opportunity to share your Accommodation(s), Experience(s), or other Host Service(s) with our vibrant community of Guests and earn money. Creating a Listing is simple, allowing you to set your price, availability, rules, and refund policies for each offering.

2.2 Contracting with Guests:

When you accept a booking request or receive a booking confirmation through The Platform, you enter into a contract directly with the Guest. You are responsible for delivering your Host Service(s) and/or accommodations as described in your Listing and agree to pay applicable fees, governmental fees, including Dwell365PV’s service fee, and any taxes. The Platform will deduct the amounts you owe from your payout. Any additional terms, policies, rules, or conditions in your Listing must align with these Terms of Use and our Privacy Policies which are also incorporated into these Terms of Use.

2.3 Independence of Hosts:

Your relationship with Dwell365PV is that of an independent individual or entity. You are not contracted with The Platform to provide you with support for your Hosting Services. Although you have complete discretion over when and how you provide Host Services, including setting prices, terms, refund and cancellation policies, and rules, there are inherent terms that you are required to adhere to when it comes to your responsibility as a Host and fulfillment of your Host Services. Dwell365PV does not direct or control your Host Services, except for acting as a payment collection agent through our designated payment systems that include but are not limited to PayPal, Stripe, etc.

2.4 Managing Your Listing

• • 2.4.1 Creating and Managing Your Listing:

Dwell365PV provides user-friendly tools to set up and manage your Listing. Your Listing should include accurate and complete information about your Host Service, pricing, charges (such as cleaning fees), rules, and requirements. It is your responsibility to keep your Listing information and content up-to-date. We recommend obtaining appropriate insurance for your Host Services. You may have multiple Listings for a single property with multiple places to stay.

• • 2.4.2 Know Your Legal Obligations:

You are responsible for understanding and complying with any government regulations, applicable laws, rules, local regulations, and contracts related to your Listing or Host Services. This includes laws related to subletting, short-term rentals, longer-term stays, permits, licenses, zoning, safety considerations and other requirements. You should independently confirm your obligations and handle personal data in compliance with applicable privacy laws and these Host Terms and Privacy Policy incorporated herein.

• • 2.4.3 Search Ranking:

The ranking of Listings in search results on The Platform depends on various factors, including guest search parameters, listing characteristics, guest booking experience, host requirements, and guest preferences. Hosts may have the option to promote their Listings by paying an additional fee. For more information, contact Info@Dwell365PV.com

2.5 Your Responsibilities and Assumption of Risk:

You are responsible for your own acts and omissions and those of anyone participating in providing your Host Services. You set the price and establish rules, cancellation policies, refund, and other requirements for your Listing. Any fees or charges must be disclosed in your Listing description, and you may not collect additional fees or charges outside the Dwell365PV platform unless authorized by The Platform. Encouraging off-platform actions violates our Terms of Use and is strictly prohibited. Such actions will result in the immediate cancellation of all existing Listings and your account without refund or pay-out of any kind. Any existing scheduled Guests will be informed and monies refunded.

Hosting carries inherent risks, and you assume the entire risk arising from your use of The Platform, offering Host Services, and interactions with other Members and Guests. It is your responsibility to investigate The Platform, applicable laws, rules, regulations, or obligations related to your Listings or Host Services within Mexico’s cities, and local areas. The Platform will not and does not assume any liability for the safety and health of your Guests. The Platform does require you to adhere to inherent considerations that should be applied to the health and safety of your Guests for any Host Service you provide. Failure to adhere to these general rules will result in the removal of your account and Host Services with a full refund that might be applicable to existing Guest reservations.

2.6 Hosting as a Team or Organization:

If you work with a co-host or host as part of a team, business, or organization, each individual and entity participating in providing Host Services is responsible and liable as a Host under these Host Terms under this Terms of Use. You must have the authority to enter into contracts and bind your team, business, or organization. You are responsible for accurate payment information and payout distribution to your team members.

2.7 Cancellations and Refunds with Regard to Claims and Grievances:

As a host, you should not cancel on a Guest. In certain situations, you may be subject to a cancellation fee and other consequences if the Guest makes a claim or files a grievance with The Platform. Under such claims or grievances, you may be obligated to refund the guest the full amount of the reservation, or the amount paid to you may be reduced based on the following terms and any other reasonable costs incurred by Dwell365PV. We encourage you to resolve any claims or grievances directly with the Guest prior to approaching Dwell365PV with the alleged issue.

• In the event of a Host canceling a reservation before, during, or after the designated check-in time, regardless of when and reason, the Host agrees to refund the Guest in full.
• Guest cancellation is made no less than 72 hours before the check-in date or date of service. Host to refund 25% of the total rate (including administration fees, taxes, etc.).
• Failure of the Host to provide access to services or to the accommodations prior to check-in or at check-in. Host to refund Guest 100% of total fees if Guest cancels a reservation.
• Failure of the Host to notify Guests within 72 hours of any issues or changes to with their booking or service. Host to refund Guest 100% of total fees if Guest decides to cancel.
• Failure of the Host to disclose the presence of themselves, another person, a pet, or surveillance devices during the guest’s stay, or date and time of services as stated in the Listing. Host to refund Guest 100 % of total fees if the Guest decides to cancel the reservation.
• If the accommodations or the location of service at check-in are uninhabitable due to a lack of reasonable cleanliness and sanitation, the presence of safety or health hazards outside of those inherently associated with habitation or service, or presence of pests in habitation, the host will refund the guest 100% of the total fees.
• If material inaccuracies are found in the Listing, such as incorrect home type (e.g., entire home, private room, or shared room), incorrect type or number of rooms (e.g., bedrooms, bathrooms, and kitchens), incorrect location of the accommodation, misleading and/or incorrect description of habitation or service, or absence or non-functionality of a special amenity and services or feature described in the Listing (e.g., pool, hot tub, bathroom facilities – toilet, shower, or bathtub, kitchen facilities – sink, stove, refrigerator, or other major appliances, electrical, heating, services, or air conditioning systems), the host will refund the guest 100% of the total fees.

Table of Refunds and Payouts for Grievances and Claims

2.8 Grievances and Claims:

The Platform will neither attempt to resolve claims against any Guest until the Host has notified the Guest of any grievance as the contract of services or accommodation is between the Host and the Guest. In this regard, Hosts are encouraged to notify the Guest and attempt direct resolution before filing a claim through The Platform. If a claim is filed, the burden of proof for such claims made against the Guest, for any reason outlined in the previous section, falls upon the Host. Claims must be made within 5 days from the date of the booking via email to The Platform with the following information:

• Host Name and photocopy of the front and back of a valid identification (passport, Driver’s license, or government ID)
• Booking number/ID
• Description of claim
• Images/videos, documentation (including communication between Guest and Host)
• Phone Number
• Email

Upon review, both Guest and Host will be provided with the final determination of whether the Guest will be awarded a full or partial refund or whether the Host has been determined to hold no liability or be required to refund the Guest the full or partial cost of their reservation minus any applicable fees due to Dwell365PV. Host and Guest agree to the final outcome without further claims, arbitration, or legal considerations. All payments arising out of the claim are to be processed within 72 hours of the cancellation.

2.9 Booking Modifications

Hosts and Guests are responsible for any Booking Modifications made through The. Additional amounts, fees, or taxes associated with the modifications must be paid.

2.10 Taxes

• Host Taxes: As a host, you are responsible for fulfilling your obligations under applicable laws of Mexico and local regions to report, collect, remit, or include any applicable taxes, such as VAT, occupancy taxes, or income taxes.
• Collection and Remittance by Dwell365PV:
  The Platform is not responsible for collecting taxes and/or remit taxes on behalf of Hosts. By using The Platform, you release Dwell365PV from such responsibilities and understand that responsibility solely lies upon you, the User.
• Tax Information:
  The Platform may be required to provide reports to the federal and local government regarding your accumulated income as a result of your use of The Platform. Failure to provide or update your account to reflect accurate and/or sufficient documentation for tax purposes may result in withholding payouts until the required information is provided.

3. General Terms

3.1 Reviews

Following each Host Service, Guests and Hosts have the opportunity to provide reviews for each other. It is important that your review is accurate and does not contain any discriminatory, offensive, defamatory, or otherwise prohibited language. Reviews should objectively reflect your experience and be constructive. Please note that reviews are not verified by The Platform for accuracy and may occasionally be incorrect or misleading.

3.2 Content

Certain sections of The Platform allow you to provide feedback, text, photos, audio, video, information, and other content (referred to as “Content”). By providing such Content, in any form and through any means, you grant The Platform a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to copy, modify, create derivative works of, distribute, publish, and otherwise utilize the Content without limitation. The Content SHOULD NOT include personal information. As such, The Platform is held harmless for any liability resulting from the inclusion of any personal information included in the Content whether through image, text, or metadata. In cases where The Platform pays for or facilitates the creation of Content, Dwell365PV may own that Content, subject to supplemental terms or disclosures. You are solely responsible for all Content you provide and warrant that you either own it or have the necessary authorization to grant The Platform the rights described in these Terms. You are also responsible and liable if any of your Content violates or infringes upon the intellectual property or privacy rights of any third party. All Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit discriminatory, obscene, harassing, deceptive, violent, and illegal content, among other things. Please be aware that Dwell365PV may offer translation services or automated tools for Content translation, and Members are responsible for confirming the accuracy of such translations, as we do not guarantee their accuracy or quality.

3.3 Fees and Payouts

Dwell365PV may impose fees (including applicable taxes) on hosts and guests for using The Platform. Unless otherwise stated on The Platform, service fees are non-refundable and Dwell365PV reserves the right to modify service fees at any time without notice. In the event of changes in service fees, the change will only affect transactions moving forward and should not impact bookings made prior to the effective date of the fee change. If you disagree with a fee change, you have the option to terminate this agreement at any time.

Pricing on Dwell365PV is designed to be competitive with hospitality-driven websites and made reasonable for those living, staying, visiting, and touring in the country of Mexico. The total price of your reservation is determined by the Host’s nightly rate, along with any additional fees or costs set by either the Host or The Platform. Certain listings may also include taxes based on their geographic location. Different types of fees may apply, including the Dwell365PV’s service fee, which covers various costs to support the User. Some Hosts charge a cleaning fee to cover post-stay cleaning, an extra guest fee for additional guests, or a pet fee for allowing pets. Hosts may also set a security deposit for added assurance. Payment for your reservation can be made once the Host accepts your request or when booking instantly.

• • Accommodations

Host Fee: To support our Hosts, a modest 2.5% fee is applicable to all bookings. This fee is calculated from the booking subtotal, which includes the nightly rate, cleaning fee, and additional accommodation fees (excluding Dwell365PV fees and taxes). The fee is automatically deducted from the Host payout.

Guest Fee: We strive to keep our Guest service fees reasonable and transparent. The Guest service fee is 10% of the booking subtotal, which includes the nightly rate, cleaning fee, and additional accommodation fees (excluding Dwell365PV fees and taxes). The specific fee may vary depending on various factors and is included during the checkout process.

Payouts: At Dwell365PV, we strive to ensure timely and efficient payouts. Approximately 24 hours after the date and time of a Guest reservation, we will send your payout. Rest assured, our system takes care of deducting any transaction fees imposed by payment platforms such as PayPal or Stripe, ensuring a hassle-free experience for you. For monthly stays, the first month’s payout will be sent approximately 24 hours after the reservation’s date and time, followed by monthly payouts thereafter.

• • Experiences

Host Fee: To support our Hosts, a modest 10% fee is applicable to all reservations and tickets (excluding Dwell365PV fees and taxes). The fee is automatically deducted from the Host payout.

Guest Fee: We strive to keep our Guest service fees reasonable and transparent. The Guest service fee is 10% of the booking subtotal, which includes the nightly rate, cleaning fee, and additional accommodation fees (excluding Dwell365PV fees and taxes). The specific fee may vary depending on various factors and is included during the checkout process.

Payouts: At Dwell365PV, we strive to ensure timely and efficient payouts. Approximately 24 hours after the date and time of a Guest reservation or ticket purchase, we will send your payout. Rest assured, our system takes care of deducting any transaction fees imposed by payment platforms such as PayPal or Stripe, ensuring a hassle-free experience for you./p>

3.4 Dwell365PV Rules of Conduct

• Conduct yourself with integrity and treat others with respect.
• Do not engage in falsehoods, misrepresentations, or impersonate others.
• Maintain politeness and respect when communicating or interacting with others.
• Adhere to our Nondiscrimination Policy and refrain from discriminating against or harassing others.
• Do not engage in activities that compromise, hack, reverse engineer, or impair The Platform.
• Do not use bots, crawlers, scrapers, or any other automated means to access or collect data from The Platform without authorization.
• Do not attempt to hack, bypass, remove, or impair any security or technological measures used to protect The Platform or its content.
• Do not decode, decompile, disassemble, or reverse engineer any software or hardware used to provide The Platform.
• Refrain from any action that could harm or adversely affect the performance or proper functioning of The Platform.
• Use The Platform only as authorized by these Terms or any other agreement with us.
• Personal information of another member may only be used as necessary to facilitate a transaction on The Platform, in accordance with these Terms.
• Do not use The Platform, its messaging tools, or Users’ personal information to send commercial messages without the recipient’s express consent.
• Use the Content made available through The Platform solely for the purpose of utilizing The Platform as a guest or host.
• Do not use Content unless you have permission from the content owner or if the use is authorized by us in these Terms or any other agreement with us.
• Do not request, make, or accept bookings or payments outside of The Platform to avoid paying fees, taxes, or for any other reason.
• Do not require or encourage guests to create accounts, leave reviews, complete surveys, or interact with third-party websites, applications, or services unrelated to The Platform without authorization.
• Do not engage in practices intended to manipulate our search algorithm.
• Do not make bookings for Host Services unless you genuinely intend to use them.
• Do not use, copy, display, mirror, or frame The Platform, its content, branding, or any page layout or design without our consent.
• Fulfill your legal obligations, including compliance with privacy, data protection, and export laws.
• If you provide us with someone else’s personal information, you must comply with applicable law, have the necessary authorization to do so, and authorize us to process that information in accordance with our Privacy Policy.
• Read and adhere to our Terms, Additional Legal Terms, Policies, and Standards.
• Do not use the name, logo, branding, or trademarks of Dwell365PV or others without permission.
• Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or any other source identifier that may cause confusion with Dwell365PV branding.
• Do not offer host services that violate applicable laws or agreements.
• Do not offer or solicit prostitution, participate in, or facilitate human trafficking.

3.5 Non-Discrimination Policy

At our company, we are committed to providing an inclusive and welcoming environment for everyone. We do not tolerate discrimination of any kind, including but not limited to discrimination based on race, ethnicity, gender, sexual orientation, religion, nationality, disability, or age.

All employees, users, and participants, including hosts and guests, are expected to adhere to this non-discrimination policy in all interactions and activities within our platform. This policy applies to all aspects of our services, including but not limited to bookings, reservations, accommodations, experiences, and any other interactions facilitated through our platform.

We value diversity, respect, and equal treatment for all individuals, and we strive to create an environment where everyone feels safe, respected, and valued. Discriminatory behavior, including harassment or mistreatment based on any protected characteristic, will not be tolerated.

If you encounter any behavior that violates this non-discrimination policy, we encourage you to report it to our customer support team immediately. We will take prompt and appropriate action to address the issue, which may include investigating the matter and implementing appropriate measures to prevent further discrimination.

We are committed to promoting a culture of inclusivity, fairness, and equality within our platform and expect all users to uphold these principles. Together, we can create a community where diversity is celebrated and discrimination has no place.

3.6 Reporting Violations

If you believe that a User, Listing, or Content poses an immediate risk to a person or property, overall health, and safety, please contact local authorities before notifying Dwell365PV. Additionally, if you believe that a User, Listing, or Content has violated our Standards, please report your concerns to Dwell365PV. If you have reported an issue to local authorities, Dwell365PV may request a copy of the report. Please note that, except as required by law, we are not obligated to take action in response to any report and are held harmless from any liability that might be as a result.

3.7 Copyright Notifications

If you believe that content on the Dwell365PV platform infringes on copyrights, please notify us immediately.

3.8 Termination, Suspension, and Other Measures

The agreement between you and Dwell365PV, as reflected in these Terms, becomes effective when you access The Platform (e.g., creating an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.>

3.9 Termination

You have the option to terminate this agreement at any time by sending us an email or deleting your account. The Platform may terminate this agreement and your account fat any time and for any reason without notice; however, Dwell365PV will make every effort to notify you via email or using any other contact information you have provided. The Platform may also terminate this agreement immediately and without notice, and restrict access to The Platform if you breach these Terms, or violate any additional terms, rules, and regulations as set forth by The Platform in association with your use of our website. Further, the immediate termination of your account may be deemed necessary for the safety and protection of our Users, Hosts, Guests, or third parties. Inactive accounts for more than two years may be terminated without prior notice.

3.10 Member Violations

If you breach any of these Terms, policies, or standards, violate applicable laws, regulations, or third-party rights, or if The Platform reasonably believes it is necessary to protect Dwell365PV, its members, or third parties, Dwell365PV may, with or without prior notice:

•  
• Suspend or limit your access to the Dwell365PV platform and/or your account.
• Suspend or remove listings, reviews, or other content.
• Cancel pending or confirmed bookings.
• Suspend or revoke any special status associated with your account.
• Terminate your account and cancel pending or confirmed bookings without notice. In certain circumstances, Dwell365PV may reserve the right to retain all monies in the event that it is determined that there has been a gross violation of these Terms.

For minor violations or when appropriate at Dwell365PV’s sole discretion, you will be notified of any intended measure and provided an opportunity to address the issue. Appeals for actions taken under this section can be made by contacting Info@Dwell365PV.com. If a reservation is canceled under this section, the host’s payout will be reduced by the amount refunded or provided to the guest, along with any other costs incurred due to the cancellation.

3.11 Legal Mandates

Dwell365PV may take any action it deems reasonably necessary to comply with applicable law or respond to court orders, law enforcement, or administrative agency requests, including the measures described providing such jurisdictions with private and personal information of Host Services, Hosts, and Guests, and any parties involved.

3.12 Effect of Termination

If you are a Host and terminate your Dwell365PV account, any pending and confirmed bookings will be automatically canceled, and guests will receive a full refund. If you terminate your account as a guest, any confirmed bookings will be automatically canceled, and any refund will be subject to the terms of the reservation’s cancellation policy stated in the Listing. Upon termination of this agreement, you are not entitled to restoration of your account or any of your content. If your access to The Platform has been limited, your account has been suspended, or this agreement has been terminated by us, you may not register a new account or access The Platform through another member’s account.

In the case when The Platform takes any measures to terminate your account, we will make every effort to give you the opportunity to clarify the facts and circumstances leading to such a measure before final termination action is taken; however, Dwell365PV reserves the right to terminate your account for any reason and at any time without notice.

3.13 Survival

Certain sections of these Terms that, by their nature, survive termination will continue to be in effect even after the termination of this agreement.

3.14 Modifications

Dwell365PV reserves the right to make modifications to these Terms at any time. When significant changes are made, the revised Terms will be posted on the Dwell365PV platform, and the “Last Updated” date at the top of the Terms will be updated accordingly. Additionally, you will receive notice of any material changes via email at least 30 days prior to the effective date. If you disagree with the revised Terms, you have the option to terminate this agreement immediately in accordance with the Terms. If you continue accessing or using The Platform after the revised Terms become effective, it will constitute acceptance of the updated Terms.

3.15 Resolving Complaints and Damage Claims

If a Host Service, or Host provides valid evidence of damage to their real or personal property caused by you, your guest(s), or your pet(s) (“Damage Claim”), they can notify The Platform to help facilitate the resolution. Keep in mind, The Platform is not responsible for the resolution of any disputes, damages, claims, or otherwise in any circumstances or situations; however, we will help where we can, and is within our ability to do so. You, the Guest, will be notified of the Damage Claim and given an opportunity to respond. We encourage communication between the Host, you, the Guest, and any third party to bring resolution to the claim dispute, or issue. In the event that a resolution cannot be reached, the Host may exercise their right to pursue resolution through legal means within the applicable laws of federal and local government. For foreigners, this may include, but is not limited to initiation of immigration processes that affect your visa status and/or future entry into Mexico. The Platform is not responsible for collecting or retaining for any purpose damages due to the Host. The Platform requires Hosts to acquire and/or have existing insurance policies to cover any damages that might arise out of your Host Services, up to and including bodily harm. You agree to cooperate in good faith, provide requested information, execute necessary documents, and take reasonable action in connection with damages and claims, Guest complaints, grievances, insurance claims, or other claims related to your provision or use of Host Services.

3.16 Dwell365PV’s Responsibility

The Platform is an online application that enables Users to publish, offer, search for, and book host services. While The Platform strives to ensure a positive experience for its Users, it does not have control over the conduct of Guests, Hosts, or third-party providers. You acknowledge that Dwell365PV has the right, but not the obligation, to monitor the use of The Platform and verify information provided by its Users. Dwell365PV may review, disable access to, remove, or edit content for various reasons, including to operate, secure, and improve The Platform, ensure compliance with these Terms, comply with applicable law or legal requirements, address harmful or objectionable content, take actions as outlined in these Terms, and maintain quality standards. Users understand and agree that The Platform administers these Terms and any other terms, standards, or policies at its sole discretion, including decisions on their application to specific situations. Users agree to cooperate in good faith, provide requested information, and take necessary actions in relation to investigations conducted by The Platform regarding the use or abuse of The Platform and act in good faith towards resolution for any and all issues that might arise while using The Platform. Dwell365PV does not act as an agent for any member except as a payment collection service.

3.17 Member Accounts

To access and utilize many features of the Dwell365PV platform, you must register an account. Registration is open to legal entities, partnerships, and individuals who are 18 years of age or older. By registering, you represent and warrant that you are not prohibited from using the Dwell365PV platform under the laws of Mexico, 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. Failure to do so may result in the termination of your account and your ability to use the services of The Platform. Registering multiple accounts or transferring your account to another person is prohibited. You are responsible for maintaining the confidentiality and security of your account credentials and must not disclose them to any third party. You are liable for activities conducted through your account and must promptly notify The Platform if you suspect any loss, theft, or compromise of your credentials. As permitted by applicable law, the Platform may request identification or other information, perform identity or background checks, screen against third-party databases, and obtain reports from public records when necessary.

3.18 Disclaimer of Warranties

Dwell365PV provides Host and Guest services and all Content on an “as is” basis without any warranties, whether express or implied. For example, The Platform does not endorse or warrant the conduct, performance, safety, quality, legality, or suitability of any Guest, Host, Host Service, Listing, or third party. The Platform does not guarantee the performance or uninterrupted operation of The Platform. Verification, identity, or background checks conducted on Listings or Users are not guaranteed to identify past or prevent future misconduct. References to a User or Listing being “verified” indicate the completion of relevant verification or identification processes only. The disclaimers in these Terms apply to the maximum extent permitted by law. If there are statutory rights or warranties that cannot be disclaimed, their duration will be limited to the maximum extent permitted by law.

3.19 Limitations on Liability

Neither Dwell365PV (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering The Platform or any content will be liable for incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage, system failure, or the cost of substitute products or services, or damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, the use of or inability to use The Platform or any content, interactions or meetings with other Users, or the publishing or booking of a Listing. This applies to all claims or causes of action, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, even if Dwell365PV has been advised of the possibility of such damages.

3.20 Indemnification

To the fullest extent permitted by applicable law, you agree to release, defend (at Dwell365PV’s discretion), indemnify, and hold Dwell365PV (including its affiliates and personnel) harmless from any and all claims, liabilities, damages (including property, emotional, mental, spiritual, and bodily damages), losses, and expenses, including reasonable legal and accounting fees. These claims may arise out of or are in any way connected to your violation of these Terms, Additional Legal Terms, Policies, or Standards, misuse of The Platform, interactions with other members, stays at accommodations, participation in experiences or other host services, failure to accurately report, collect, or remit taxes, or infringements of laws, regulations, or third-party rights.

3.21 Force Majeure

Dwell365PV and any User are not to be held accountable for any delay or performance failure arising from causes beyond its reasonable control. This includes, but is not limited to, natural disasters, warfare, acts of terrorism, civil unrest, military authority interventions, embargoes, fire outbreaks, flooding, accidents, epidemics or disease, strikes, or shortages of transportation, fuel, energy, labor, or materials.

3.22 Legal Entities

The Users, whether you are a national or foreign entity, the legal entity that governs the use of the Dwell365PV platform will be determined based on applicable laws, regulations, requirements, and restrictions of the country of Mexico and its state, regional, and local areas. All legal processes must comply with the applicable laws, rules, and regulations of the specific area of your Host Service or accommodation.

3.23 Overview of Dispute Resolution Process

For any grievances outside of the terms outlined in these Terms, Privacy Policy, or any other terms outlined throughout the Dwell365PV website that impacts the User’s ability to use The Platform, Dwell365PV is committed to participating in a consumer-friendly dispute resolution process. This process is outlined as a three-part process for the User: (1) Inform The Platform of your concern, grievance, or issue; 2) The Platform will initiate an informal mediation with Dwell365PV’s representative or legal counsel; and (3) binding agreement will be created to resolve and hold all parties to their responsibilities as determined in the mediation.

3.24 Understanding and Interpretation of These Terms

Unless supplemented by further terms, conditions, policies, guidelines, standards, or in-product disclosures, these Terms represent the comprehensive agreement between you and The Platform regarding your access or use of the Platform, supplanting all preceding verbal or written understandings or agreements. It should be clarified that these Terms neither grant nor aim to grant any rights or remedies to any parties other than you and The Platform. If any component of these Terms is deemed invalid or unenforceable, that specific provision will be removed from any applicable legal actions associated with dispute resolutions, and such removal will not compromise the validity or enforceability of the remaining provisions.

3.25 No Precedents

If The Platform refrains from enforcing any right or provision contained within these Terms, it should not be perceived as a waiver or set a precedence of that right or provision unless explicitly recognized and consented to by us in writing. Aside from what is explicitly detailed in these Terms, the enforcement of any remedies by either party under these Terms does not prevent that party from exercising other remedies available under these Terms or as permitted by law, maintaining the impartiality of its various legal options.

3.26 Assignment and Transfer Provisions of the Agreement

The stipulations of these Terms, along with any rights and obligations you hold under them, are not transferable, assignable, or delegable without the prior written approval of The Platform. On the other hand, The Platform retains unrestricted authority to assign, transfer or delegate this agreement and any rights and obligations therein, as per its sole discretion, provided a 30-day advance notice is given. Notwithstanding these conditions, your right to terminate this agreement anytime, based on the provisions of this Agreement, remains unaltered.

3.27 Notification Guidelines and User Consent

Unless otherwise specified, any notifications or communications required or permitted under this agreement will be transmitted electronically by The Platform. This can include methods such as email, in-platform notifications, or other messaging services, including SMS, using the contact details you provide. Administrative communications from us will be dispatched using the email address or other contact information linked to your Dwell365PV account. Enrolling in additional email subscription programs will not influence the frequency of these administrative emails. However, it will result in further program-specific emails. Promotional emails may also be sent from us, free of charge, although third-party data charges may apply. Control over the receipt of these promotional emails can be exerted by unsubscribing to the notifications. It’s important to note that disabling certain communication settings or not having a Dwell365PV account may restrict your ability to benefit from certain promotions.

3.28 Third-Party Services and Non-Liability

The Platform may include links to websites, applications, services, or resources provided by third parties (“Third-Party Services”), each governed by their own distinct terms of use and privacy practices. Dwell365PV bears neither responsibility nor liability for any features, products, or services of these Third-Party Services. Furthermore, it should be clarified that the provision of links to such Third-Party Services does not imply The Platform’s endorsement of these services.

3.29 Google Application Terms

Some translations on The Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose, and non-infringement. Some areas of The Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

3.30 Intellectual Property Rights and Usage Terms for the Dwell365PV Platform Content

The Platform hosts content that may be safeguarded by copyright, trademark, and/or other legal protections in Mexico and other countries. You acknowledge that all intellectual property rights relating to this content are the exclusive property of Dwell365PV and/or its licensors. You agree not to alter, remove or obscure any proprietary rights notices such as copyright, trademark, or service marks. Any use, copying, adaptation, modification, preparation of derivative works, distribution, licensing, sale, transfer, publicly display, public performance, transmission, broadcast, or exploitation of content accessed through The Platform is prohibited unless you are the legal owner of that content or have express permission in these Terms. Subject to your adherence to these Terms, Dwell365PV provides you with a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) use The Platform on your personal device(s), and (ii) access and view the content available on or through The Platform, strictly for personal and non-commercial use.

4. Contact

If you have any questions about these Terms of Use, contact us at:

Venustiano Carranza, Local 3 Loft 268 Condominium
Colonia Emiliano Zapata
Puerto Vallarta, CP 48380
Email: Inf@Dwell365PV.com
Message: +52 322 309 8029 (WhatsApp)